ICC Launches New 2015 Expert Rules

By Nicolas Gould

The ICC has launched a new set of Expert Rules. The ICC’s prior set of Rules for expertise came into force on 1 January 2003. After careful consultation the 2003 Rules for Expertise have been updated and amended, resulting in three sets of rules for the appointment and administration of Experts and Neutrals, which came into effect on 1 February 2015 (the Rules).

The Rules have been designed to enhance the full-spectrum service offered by the ICC in relation to expertise in ADR and streamline the process, while still retaining the established format of the 2003 Rules. The Rules therefore provide three complementary sets of rules, one for each of the distinct services provided by the ICC, namely: [Read more…]

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Construction Law: Contracts & Disputes – avoid costly mistakes by following these experts’ recommendations

 

Equip your team with guidance on how best to minimise risks, avoid unnecessary conflicts and cut the costs of resolving disputes by getting guidance from 35 speakers at the Construction Law: Contracts & Dispute Management conference.

Taking place in London, delegates will be able to focus their time but choosing from these five separately bookable segments… [Read more…]

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Saudi Arabia Removes Barriers To Infrastructure Contracting

By Ben Cowling and Geoffrey White
With projects such as the USD 20 billion Riyadh Metro, the Saudi Arabian government is implementing one of the most ambitious infrastructure programmes in the world. Notwithstanding this, some international contractors have not entered the market due to perceived barriers and costs associated with bidding for government projects. A recently announced Council of Ministers’ Decision has removed many of these barriers, further opening up the market to the world’s best infrastructure providers. [Read more…]

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FIDIC Time Bar Provisions

By Andrew MacCuish and Denis Moriarty

Given the frequency with which we have referred to, or had others refer us to, and English Court decision interpreting part of the FIDIC standard form, we thought it would be useful to refresh your knowledge. Readers may recall the decision of The Hon. Mr Justice Akenhead in the English High Court case of Obrascon Hautre Lain SA v. Her Majesty’s Attorney General for Gibraltar [2014] EWHC 1028 (TCC), and the useful discussion and views as to the interpretation and operation of aspects of clause 20.1 (and its inter-play with clause 8.4) of the standard FIDIC contract conditions – in this case, the version generally known as the “Yellow Book”. [Read more…]

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FIDIC Contracts in the Asia-Pacific region… what do you need to know?

FIDIC’s Contract Users’ event is coming to Asia-Pacific to help you make the most of any projects you have running in that region.

The 2015 event will take place in Singapore, here are some of the highlights… [Read more…]

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Have you seen the news Masters in International Construction Practice & Law?

This new part-time Masters course will allow you to gain a competitive advantage from the University of Stuttgart, one of Europe’s leading centres of engineering excellence.

Designed for professionals based around the globe and taught in English the programme provides a practical, commercial and legal understanding of the international construction industry. Find out more. [Read more…]

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Adjudication is future of dispute resolution

By STUART JORDAN

The future is adjudication. Its benefits are being seen in more regions globally, and governments everywhere are enacting legislation for a mandatory right of adjudication in construction disputes.

Well, not quite everywhere.

In the Gulf region, we have not seen much take up of adjudication as is provided for in standard Fidic (Fédération Internationale des Ingénieurs-Conseils, French for International Federation of Consulting Engineers) contracts nor enactment of the statutory version. [Read more…]

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Dealing with green power projects

By KATIE LISZKA

RENEWABLE power projects are being developed across the Middle East region, for example in the UAE, Kuwait and Saudi Arabia. Renewable power is likely to be a growth area for the construction sector over the coming years. In terms of natural resources, the region has an abundance of sun and, unsurprisingly, solar power projects are now operational, with further projects being developed, procured and constructed. [Read more…]

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Liquidated Damages in the DIFC Courts

by Tarek Shrayh
Liquidated damages clauses are a well-established concept in a number of different legal systems and business sectors. They involve parties agreeing, by means of a contract, that a pre-determined sum is payable in the event that one of the parties breaches a term of the contract. [Read more…]

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Exclusion clauses: the pitfalls

By ARASH RAJAI

FOR any contractor or service provider entering into a construction contract, one of the most important priorities in contract negotiation is to manage its overall financial exposure.

This is commonly achieved in construction contracts by agreeing to a financial cap on liability and/or by attempting to exclude certain types of liability commonly called “consequential or indirect losses”. [Read more…]

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