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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

Covid-19, FIDIC and Construction Contracts

Coronavirus/COVID-19 and Construction Contracts

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

Unforeseeable ground conditions and the FIDIC Silver Book

Prejudice without prejudice?

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Issue 27, 2019

This edition features articles about the Singapore Mediation Convention, practical advice about serving proper claims notices, the application of BIM under the FIDIC Form of Contract, whether the Prague Rules might result in a more time and cost-effective form of international arbitration & a snapshot of the legal issues you typically find in the Kingdom of Saudi Arabia.

The links to these articles are below

The Singapore Mediation Convention: raising the profile of mediation in cross-border disputes

Notices of claim and time bars: don’t be another “sympathy” statistic

The application of BIM under the FIDIC Form of Contract

Snapshot of construction Law issues in Saudi Arabia

Rules on the Efficient Conduct of Proceedings in International Arbitration (Prague Rules)

PDF logodownload (PDF 4MB) Issue 27 of International Quarterly

Issue 26, 2019

This edition features articles on the relationship between AI & construction law, the new FIDIC Emerald Book for tunnelling contracts, taking over under the 2017 FIDIC Rainbow Suite, enforcing foreign arbitral awards in Saudi Arabia, liability of parent companies domiciled in England for activities of overseas subsidiaries and the ICC Emergency Arbitrator scheme.

The links to these articles are below

AI and Construction Law: an essential and inevitable partnership - Part 2: Dispute resolution and predicting dispute outcomes

The Emerald Book: the new FIDIC Tunnelling Contract

Taking over: the meaning of completion under the 2017 FIDIC Contracts

Enforcing foreign arbitral awards in Saudi Arabia: winds of change?

Parental Controls: Supreme Court holds that claims can be brought against a parent company domiciled in England, in respect of the activities of its overseas subsidiaries

ICC Emergency Arbitrator Proceedings

PDF logodownload (PDF 7.2MB) Issue 26 of International Quarterly

Issue 25, 2019

This edition features articles on Arbitration in the UAE, the 2017 FIDIC dispute resolution procedure, changes to the Claims provisions in the 2017 FIDIC Red Book, AI & Construction law: an essential and inevitable partnership and FIDIC, force majeure, exceptional events and the “but for” test.

The links to these articles are below

Arbitration in the UAE [1]

Changes to the Claims provisions in the 2017 FIDIC Red Book [2]

The 2017 FIDIC dispute resolution procedure: Part 1 – the new dispute resolution mechanism [3]

The 2017 FIDIC dispute resolution procedure: Part 2 – are Dispute Adjudication Boards worthwhile: benefits, problems, and advice on FIDICs security-of-payment regime [4]

FIDIC, force majeure, exceptional events and the “but for” test [5]

AI & Construction law: an essential and inevitable partnership [6]

PDF logodownload (PDF 9.7MB) Issue 25 of International Quarterly [7]

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Links
[1] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/arbitration-in-uae [2] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/changes-claim-provisions-2017-fidic-red-book [3] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/2017-fidic-dispute-resolution-procedure-part-1 [4] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/2017-fidic-dispute-resolution-procedure-part-2 [5] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/fidic-force-majeure [6] https://www.fenwickelliott.com/research-insight/newsletters/international-quarterly/ai-construction-law-partnership [7] https://www.fenwickelliott.com/sites/default/files/international_quarterly_issue_25_-_january_2019_0.pdf [8] https://www.fenwickelliott.com/print/research-insight/newsletters/international-quarterly/archive?page=4