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International Quarterly archive

Issue 31, 2021

This edition focuses on the use of Dispute Boards, looking first at the new JCT/CIArb rules for the use of DBs in the UK and then at the steps being taken by the World Bank to address gender based violence. We also review whether a hunger for diversity might encourage the use of less widely known arbitration institutions across Africa, as well as the care needed when incorporating additional phases of work into an existing project.

The links to these articles are below

Arbitration out of Africa – is there a way back in? [1]

The continued global rise of dispute boards [2]

World Bank uses DAABs to address Gender Based Violence [3]

The need for care when adding additional packages of works to a contract [4]

PDF logodownload (PDF 8.3MB) Issue 31 of International Quarterly [5]

Issue 30, 2021

This edition looks at the multi-tier dispute resolution clauses, provides another warning about the importance of complying with notices, discusses the role of the expert and reviews what has been happening with project securities during the Covid-19 pandemic.

The links to these articles are below

The English Court of Appeal redefines experts’ relationships with their client [6]

Notices: a cautionary tale from Hong Kong [7]

English High Court rules that preconditions to arbitration are matters of admissibility, not jurisdiction [8]

Managing bonds and securities in the time of Covid-19 [9]

PDF logodownload (PDF 2.5MB) Issue 30 of International Quarterly [10]

Issue 29, 2020

This edition looks at the new Information Protocol for use when working with BS EN ISO 19650 on BIM-enabled projects. We also review two international arbitration cases, about whether a claimant was entitled to recover costs following an arbitrator’s withdrawal from an arbitration and the duties owed by an expert to their client. Finally, we look at how the ongoing COVID-19 pandemic is being dealt with on projects in India and Singapore.

The links to these articles are below

An expert’s fiduciary duty of loyalty to their client - A v B [2020] EWHC 809 (TCC) [11]

A novel approach to addressing the novel Coronavirus – Singapore’s approach to contracts under COVID-19 [12]

The impact of COVID-19 on projects in India: a FIDIC perspective [13]

The possibility of costs awards against arbitrators: a claimant’s application to recover costs following an arbitrator’s withdrawal [14]

The new [BIM] Information Protocol [15]

PDF logodownload (PDF 400KB) Issue 29 of International Quarterly [16]

Issue 28, 2020

This edition provides practical advice with regards to COVID-19 on international construction projects and contracts. We also look at a recent case which reviewed termination and unforeseeable ground conditions under the FIDIC contract, as well as discussing different approaches to without prejudice correspondence during adjudication and other disputes.

The links to these articles are below

Actions for Covid-19 on your construction project [17]

Covid-19, FIDIC and Construction Contracts [18]

Coronavirus/COVID-19 and Construction Contracts [19]

Getting termination right: PBS Energo A.S. v Bester Generacion UK Limited & Anor [2020] EWHC 223 (TCC) and the FIDIC Silver Book [20]

Unforeseeable ground conditions and the FIDIC Silver Book [21]

Prejudice without prejudice? [22]

PDF logodownload (PDF 4.5MB) Issue 28 of International Quarterly [23]

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Links
[1] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/arbitration-africa [2] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/continued-global-rise-dispute-boards [3] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/daabs-world-bank-gender-based-violence [4] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/care-additional-packages-works-contract [5] https://www.fenwickelliott.com/sites/default/files/fenwick_elliott_international_quarterly_issue_31_-_2021.pdf [6] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/court-appeal-expert-relationships [7] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/notices-hong-kong [8] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/high-court-preconditions-arbitration [9] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/managing-bonds-securities-covid [10] https://www.fenwickelliott.com/sites/default/files/fenwick_elliott_international_quarterly_issue_30_-_2021.pdf [11] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/expert-fiduciary-duty-loyalty-client [12] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/coronavirus-singapore-approach-contracts [13] https://www.fenwickelliott.com/research-insight/articles-papers/covid-19/impact-projects-india-fidic-perspective [14] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/costs-awards-arbitrators [15] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/new-bim-information-protocol [16] https://www.fenwickelliott.com/sites/default/files/iq_issue_29_-_july_2020_1.pdf [17] https://www.fenwickelliott.com/research-insight/articles-papers/covid-19/coronavirus-construction-projects-actions [18] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/covid-19-fidic-construction-contracts [19] https://www.fenwickelliott.com/research-insight/articles-papers/covid-19/coronavirus-covid-19-construction-contracts [20] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/termination-energo-bester-generacion [21] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/unforeseeable-ground-conditions-fidic-silver-book [22] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/prejudice-without-prejudice [23] https://www.fenwickelliott.com/sites/default/files/iq_issue_28_-_april_2020.pdf [24] https://www.fenwickelliott.com/print/research-insight/newsletters/international-quarterly/archive?page=3