"Enforcement of DAB decisions under the 1999 FIDIC Conditions of Contract – A recent development: CRW Joint Operation v. PT Perusahaan Gas Negara (Persero) TBK [2011] SGCA 33"

October 2011

Frederic Gillion, in an article published in the October 2011 issue of International Construction Law Review, reviews the decision of the Court of Appeal of Singapore CRW Joint Operation v. PT Perusahaan Gas Negara (Persero) TBK [2011] SGCA 33 and also the previous decision from the High Court of Singapore relating to the enforcement of a DAB decision by a final arbitral award. These decisions are good reminders to those involved with FIDIC contracts that the enforcement of DAB decisions is not a simple matter and that a number of jurisdictional pitfalls exist which may prevent a winning party from obtaining in arbitration the amounts awarded by the DAB. The present article examines what these pitfalls are in light of the decisions of both the High Court and the Court of Appeal in Singapore and also highlights some of the options which may be open to a winning party who wishes to have a DAB decision enforced by an arbitral award.