Obstacles to the Appointment of an Arbitrator
Airports Authority of Trinidad and Tobago v Jusamco Pavers Ltd[1] is an under reported FIDIC Yellow Book 1999 case. It considers: (1) delay in commencing arbitration, (2) replacement of the Engineer, and (3) whether an Engineer’s determination is a pre-requisite to commencing arbitration. Background The parties entered into a FIDIC 1999 Yellow Book contract for the £165 million rehabilitation of the airport in Trinidad and Tobago and an upgrade of the Perimeter Road and Fence. The Employer was the Airports Authority of Trinidad and Tobago (AATT) and Jusamco Pavers Limited (JPL), the Contractor. Unusually, the Engineer named in this contract,
Death or Resignation of an Arbitrator
The figures published for the ICC for 2018 show that the average age of arbitrators confirmed or appointed was 56, with 35% below 50. That leaves a substantial number above 56, with quite a few being retired judges or senior legal practitioners. The Secretariat's Guide to ICC Arbitration at 3-597 reports that the ICC is faced with the deaths of several acting arbitrators each year. You may have spent years preparing your case and battled against a recalcitrant opponent. Unexpectedly, you receive news that the arbitrator has passed away. What now? The issues that arise are relevant when an arbitrator
