International Quarterly archive

Issue 35, 2023

This edition focuses on contract interpretation, looking first at a case out of the DIFC Court of Appeal and later at a recent case concerning a limitation of liability clause. We also review the latest reforms to governance and international arbitration rules, including the New SCCA Arbitration Rules, as well as developments in Environmental, Social and Governance as it relates to supply chains.

The links to these articles are below

FIDIC Contracts: time bars limitation and good faith

New SCCA Arbitration Rules: another positive development for arbitration in the Kingdom of Saudi Arabia

Interpreting indemnity clauses: how many caps and what size?

Environmental, Social and Governance (ESG) and supply chain risk management

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Issue 34, 2022

In this IQ we look at concurrent delay in England and the UAE, arbitration reform in Nigeria, and the enforcement of UAE judgments in England and Wales. We also return to our discussion on Notices of Dissatisfaction under FIDIC and take a look at some of the changes FIDIC have made in its 2022 reprint. Finally, we look at the Privy Council’s latest ruling on without prejudice privilege.

The links to these articles are below

Concurrent delay – what is the right test?

Arbitration reform in Nigeria

Enforcement of UAE judgments in England & Wales: recognition of reciprocity

Notify Now or Forever Hold Your Peace - Notices of Dissatisfaction under FIDIC and NEC: Part 2

Updating the FIDIC Rainbow Suite: the 2022 changes

Privy Council on without prejudice privilege

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Issue 33, 2022

In this issue of IQ we take a detailed look at ESG initiatives in Africa and price adjustment mechanisms under the FIDIC standard forms. We also review several issues which often impact the life cycle of a construction dispute: notices of dissatisfaction, arbitral seats and freezing orders.

The links to these articles are below

ESG and Energy on the African Continent

Inflation and Adjustment for Changes in Cost in FIDIC Red and Yellow Books

Notify Now or Forever Hold Your Peace - Notices of Dissatisfaction under FIDIC and NEC

The Importance of Choosing an Arbitral Seat for the Parties

Thin Ice – Freezing assets across jurisdictions

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Issue 32, 2022

This issue of IQ focuses on change, both unexpected and anticipated, looking at the ways parties can manage the cost escalation currently impacting so many projects and how the courts treat responses to Force Majeure events. We also consider the recent updates to the DIAC rules and the proposed changes to the code of conduct for adjudicators in investment disputes. Finally, we look at what’s new in the FIDIC Green Book.

The links to these articles are below

Managing Cost Increases in Construction Contracts

UNCITRAL and ICSID release third iteration of Draft Code of Conduct for Adjudicators in investment disputes

Force Majeure and the limits of reasonableness in MUR Shipping BV v. RTI LTD

The new DIAC Arbitration Rules 2022: what’s changed and what does it all mean?

FIDIC gives green light on new edition

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