Corbett & Co. Director Joanne Clarke is presenting an MBL Webinar on International Construction & Engineering Disputes - Dispute Resolution Clauses & Boards. The webinar will be streamed at 12:30pm on Friday 9 December 2022 and will remain available to view by delegates who have registered by then for 90 days. Overview International construction and engineering contracts often include a tiered dispute resolution clause which includes several types of ‘alternative dispute resolution’ (ADR) prior to the ‘last resort’ of international arbitration. Joanne’s webinar will provide you with an overview of the types of tiered dispute resolution clauses and ADR commonly
Could provisions in FIDIC contracts giving relief for ‘Force Majeure’ or ‘Exceptional Events’ provide relief to contractors suffering as a result of price escalation? It is well documented that construction and engineering projects around the globe are being affected by extreme and sometimes unprecedented price escalation. This is for many reasons including the Covid-19 pandemic and the Russo-Ukrainian conflict.
Corbett & Co. Director Joanne Clarke is presenting an MBL Webinar on International Arbitration in Construction & Engineering Disputes. The webinar will be streamed at 12:30pm on Friday 16 December 2022 and will remain available to view by delegates who have registered by then for 90 days. Overview This webinar will explore what happens if parties to an international construction or engineering contract end up with a dispute. You will be provided with an overview of international arbitration when used to resolve international construction and engineering disputes, as well as practical and tactical perspectives on handling those arbitrations. What You
The English Commercial Court has now confirmed in two separate decisions that an arbitral tribunal may award a winning claimant its third party funding costs. How significant are these decisions and it is time to rethink the potential reward and risk of international arbitration?
This article considers the label ‘subject to contract’ in English law and two recent English court decisions which consider the effect of this label in different factual circumstances.
Parties who are negotiating a contract may use the label ‘subject to contract’ to ensure that they do not enter into a binding agreement before they are ready to do so. This can be particularly important in English law when a binding agreement can be reached (with a few exceptions) without any particular formalities. However, the label is not unassailable and whether it has the required effect will always depend on the circumstances.
The recent English case Sumitomo Mitsui Banking Corporation Europe Limited v Euler Hermes Europe SA (NV)  EWHC 2250 (Comm) highlights that where an on demand bond is assigned and a demand then made under that bond, the beneficiary will need to be sure not only that the demand is compliant with the terms of the bond but also that the assignment was effective in the first place.
In all construction contracts, one of the central principles is the Employer’s obligation to pay the contract price. The Contractor will be wary about the Employer’s financial standing and ability to pay and concerned to ensure that payments are made on time and that effective remedies are available in case of late or non-payment. The FIDIC standard forms of contract contain provisions dealing with these aspects.
Third party funding is increasingly used by claimants in international arbitration even though the cost can be significant. To the surprise of many, the English Commercial Court recently held in Essar v. Norscot that a winning claimant could recover from the losing respondent the cost of obtaining third party funding as a cost in the arbitration. So, what exactly is third party funding and what are the implications of Essar v. Norscot for parties involved in international arbitration.
FIDIC is arguably the most widely used standard form of international construction contract but reported FIDIC cases are rare. Is it time for an increased publication of FIDIC cases?
There are three categories of decisions arising out of FIDIC dispute resolution provisions:
1. Decisions of the Engineer or the Dispute Adjudication Board (DAB), which will generally not be published or reported to anyone other than the parties involved in the dispute.
2. Decisions of arbitral tribunals, which are not usually made public although this is subject to certain exceptions.
3. Decisions of national courts, which are a relatively rare occurrence for the reasons discussed below.
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Founded and run by Corbett & Co., Cornerstone Seminars addresses the FIDIC international standard forms of contracts.
Corbett & Co International Construction Lawyers Ltd is a limited liability company registered in England and Wales with registered Company No: 6306227. It is authorised and regulated by the Solicitors Regulation Authority (SRA No. 471935). All references on this website to “Corbett & Co.”, or “the company”, should be read as referring to Corbett & Co International Construction Lawyers Ltd. A list of the directors and their qualifications is available under the heading “Our Team” or on request.