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Could one party claim the costs of an unsuccessful Early Neutral Evaluation?
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.
Fenwick Elliott partner Jeremy Glover has been awarded the prestigious Al Mathews Award for Dispute Board Excellence by the Dispute Resolution Board Foundation (DRBF). Presented annually since 2001, the Al Mathews Award recognises outstanding individuals who have made exemplary contributions to advancing the use of Dispute Boards as a means of avoiding and resolving disputes on major construction and infrastructure projects.
To mark 30 years since the Housing Grants Act introduced adjudication, we reflected on the evolution of adjudication over the past three decades and examined the key developments from 2025.
In this blog, Claire King reviews the ICE’s recently published Payment Notice Dispute Model Adjudication Procedure, which deals specifically with smash and grab adjudications. She examines the Procedure in closer detail and reviews some of its key features, most notably its capped Adjudicator fees.
George Boddy discusses what can be done when parties fail to comply with adjudication timetables.
Marking 50 years of Dispute Boards and drawing on King’s College London’s 2024 international survey, this article traces research into their effectiveness - from the first Board and early U.S. studies, through data from U.S. transport agencies and global DRBF research, to developments in Southeast Asia - before comparing these findings with the latest Report.
The NEC’s new Conflict Avoidance Clauses, for use with the NEC4 ECC form, were announced earlier this year and are intended to prevent the escalation of “disagreements” into “disputes”. In this blog, Claire King reviews how they are meant to operate in the context of contracts that are already subject to statutory adjudication and examines the extent to which parties should be adding them to their dispute resolution toolkit.
In this Insight we review the findings of the Report and crucially, whether the data suggests Dispute Boards actually work in preventing disputes and/or preventing disputes escalating. If they do, to what extent are they cost effective?
Jeremy Glover reflects on the first Conflict Avoidance Coalition Conference, which featured 150 professionals from across the construction industry.
Giuseppe Franco and Freddy Ashe take a closer look at the Churchill case in the Court of Appeal at the end of 2023, which led to a number of interesting developments in mediation. They add a continental flavour by comparing the approach to mediation in Italy.
Huw Wilkins considers mediation, a type of alternative dispute resolution procedure, including why parties agree to mediation.