International Quarterly archive

Issue 20, 2016

In this edition we look at the proposed changes to the FIDIC Yellow Book and consider their likely impact. We also review the Modifications to the ICC Practice Note on Conduct of Arbitration and Update to the ICC rules of Arbitration. We then discuss two recent cases where Fenwick Elliott acted involving attempts to refuse to honour letters of credit. Finally, the DIFC-LCIA Arbitration Centre has released its new Arbitration Rules, and we look at the most important changes.

The links to these articles are below

Changes to the FIDIC Form of Contract

Modifications to ICC Practice Note on Conduct of Arbitration and Update to the ICC Rules of Arbitration

When good security is paramount and the courts are hands off

The DIFC-LCIA Arbitration Centre introduces 2016 Arbitration Rules

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Issue 19, 2016

This edition focuses on a number of issues relevant to international arbitration.

The links to these articles are below

Recovery of Third-Party Funding Costs in Arbitration

No general organising principle of good faith in English law: the Court of Appeal’s decision in MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789

Bribery in International Construction

The Letter of Intent – a binding contract?

Contractual Pre-Conditions to Arbitration in England and the UAE

Enforcement of foreign judgments: location, approbation, reprobation

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Issue 18, 2016

This edition focuses on a number of issues relevant to international arbitration. SIAC, in Singapore, released its new arbitration rules on 1 July 2016, whilst a recent English case arising out of a contract to paint submarines looks at the incorporation of arbitration agreements. We also focus on an important DIFC decision which makes positive reading for those interested in enforcing foreign judgments in Dubai. Finally we include a timely reminder on the growing emphasis across the globe, on ensuring that corruption and bribery are eliminated.

The links to these articles are below or you can PDF logo click to download (PDF 7.3MB) Issue 18 of International Quarterly

Issue 18 articles

The incorporation of arbitration agreements

The jurisdiction of the arbitral tribunals

SIAC announces updated Arbitration Rules and new Investor-State Arbitration Rules

DNB Bank v Eyadah: jurisdiction of the DIFC courts

Complacency costs when it comes to anti-bribery legislation

Issue 17, 2016

This edition updates us on a recent legal case that has been important for international arbitration, as it is the common law test for apparent bias and highlights the weaknesses of the 2014 edition of the IBA Guidelines. Jeremy Glover poses the question of whether notice clauses are always fair and reasonable, Sana Mahmud discusses LCIA Costs and duration data and Philip Barnes looks at a recent case concerning the secretive nature of “offshore companies” and the opaque nature of the financial position of one BVI incorporated company that came before the English Court of Appeal.

The links to these articles are below or you can PDF logo click to download (PDF 450KB) Issue 17 of International Quarterly

Issue 17 articles

Are notice clauses always fair and reasonable?

LCIA Costs and duration data

Conflict of interest – apparent bias of arbitrator – IBA Guidelines

Security for costs and off-shore companies