The Renaissance Club at Archerfield LLP v BVB Sureties Limited
Ted Lowery considers a case in which the surety argued that a performance bond demand included not enough and too much information.
KnowledgeHub
Content types
Sectors
Services
Regions
Contracts
Authors
TTSJV & Ors v BapCo Refining B.S.C.: drawing the threads together on preventing a call
The fraud test for injuncting a bank from paying out on an On Demand Bond sets a high hurdle. However, the case law on injuncting the beneficiary of an On Demand Bond from making a call under the main construction contract itself has arguably eased the requirements in recent years. A new High Court decision in TTSJV v BapCo Refining B.S.C. has now reconciled the differing authorities and confirms that a seriously arguable breach of the underlying contract will not suffice to obtain an injunction. As Claire King explains, it now clear that such relief is only available where the right to call is clearly precluded by the underlying contract.
TTSJV WLL & Ors v BapCo Refining BSC
What is the correct legal test for challenging a call made against a bond?
Netomnia Ltd v MJ Quinn Integrated Services Ltd
Did the payment notice comply with the necessary statutory and contractual requirements? If it did not, what was the consequence?
Issue 314
August’s Dispatch looks at when you can challenge calls on bonds and the importance of getting the details of your payment application right.
Referring disputes to an ad hoc DAB under the FIDIC form
Jeremy Glover reviews a recent Singapore case which considers the consequences of an ad hoc DAB declining to hear disputes referred under a FIDIC contract. The case provides useful guidance on when parties may proceed directly to arbitration.
DTH v DTF: an example of the potential issues with third-party funded arbitrations
Jonathan Clarke and Jake Marouane consider a Singapore case highlighting the risks of third-party funding, where substantial funding costs were held to be irrecoverable despite the claimants’ success.
State immunity and enforcement of ICSID arbitration awards
Sana Mahmud examines a UK Supreme Court decision confirming that states party to the ICSID Convention cannot rely on adjudicative immunity to resist the recognition of arbitral awards in the UK.
The FIDIC Gold Book: a whole life contract?
Mark Pantry explores FIDIC’s Gold Book and its distinctive approach to integrating design, construction, operation and maintenance within a single contractual framework. He examines how the Gold Book allocates long-term risk, the practical challenges of pricing and managing operational obligations over extended periods and why, despite its focus on whole-life asset performance, it has seen only limited adoption compared with the other standard FIDIC forms.
Jurisdiction and enforcement: challenges in disputes with parties based in the Russian Federation
Nicholas Gould and Alex Atherton examine the growing jurisdictional and enforcement challenges facing parties in disputes with Russian entities. Focusing on recent decisions from the Russian Supreme Court and the English courts, they consider the practical implications for dispute resolution and enforcement and highlight how parties can mitigate risks when contracting with parties based in the Russian Federation.
Introducing the new International Chamber of Commerce 2026 Arbitration Rules
Sam Thyne provides an overview of the new ICC Arbitration Rules, and covers many of the key changes which together aim to make ICC arbitration faster and therefore more cost-efficient.
Issue 43
This issue explores the new ICC Arbitration Rules, challenges in disputes involving Russian entities, the FIDIC Gold Book, third-party funded arbitration and recent guidance on referring disputes to ad hoc DABs under FIDIC contracts.