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Edward Corbett is ranked in Band 1 in Chambers and Partners for Construction: International Arbitration
Edward is described as a distinguished construction disputes lawyer with extensive experience of international arbitration proceedings. He is especially well known for his expertise in matters involving Europe and Africa, and is also adept at handling disputes arising out of construction projects in the Middle East and Asia.
Corbett & Co. Director Joanne Clarke to present MBL Webinar on International Construction & Engineering Disputes – Dispute Resolution Clauses & Boards
Corbett & Co. Director Joanne Clarke is presenting an MBL Webinar on International Construction & Engineering Disputes - Dispute Resolution Clauses & Boards. The webinar will be
Corbett & Co. Counsel Taner Dedezade to speak at Dispute Resolution Board Foundation (DRBF) annual Central and Eastern Europe Conference in Romania
Corbett & Co. Counsel, Taner Dedezade, will be speaking at DRBF's annual Central and Eastern Europe Conference and Workshop in Cluj, Romania 26-28 October.
Corbett & Co. Counsel Taner Dedezade to deliver a FIDIC Claims Workshop following The Official FIDIC International Contract Users’ Conference and Awards.
Taner Dedezade will deliver a FIDIC Claims Workshop on 1 December 2022 (09:00 – 16:30 UK time) in London on behalf of FIDIC following their International Contract Users’ Conference, sharing his knowledge and insights of the claim management and dispute resolution provisions under the FIDIC Conditions of Contract, 2017 Edition.
Worldwide
Experience includes:
- Road projects in Poland, Romania, Gibraltar, Albania, Iceland, Macedonia
- Rail projects in Romania, Bulgaria
- Building projects in Romania, Gibraltar, Ukraine
- Waste and water projects in Bulgaria, Croatia, Turkey, Romania
- Dredging works in Romania, Albania, the Baltic, Southern Europe
- Energy and power projects in UK, Holland, Gibraltar, Iceland, Serbia, Georgia
- Airport in Gibraltar
- Mine project in Spain
- Consultant Agreement in Georgia
England Focus
Experience includes litigation, arbitration and ADR on:
- Residential and commercial property claims
- Energy projects
- Mechanical and electrical claims
- Final Accounts and delay claims
- Advising on professional appointments
- Advising on contamination of land issues
- Drafting of construction contracts
FIDIC’s Emerald Book – A contractor’s charter or optimum risk allocation?
It has been suggested that FIDIC’s new Emerald Book may be “a contractors’ charter for riches”. 1 This article examines whether this new form of contract for underground works by FIDIC and the International Tunnelling and Underground Space Association is too contractor-biased or whether it provides a sensible and pragmatic risk allocation process, in an area of construction and engineering which is well known for claims. If more risks are placed on the Employer in this form of contract, what are the benefits of the contract compared to, for example, an unamended FIDIC Yellow Book?
Experience includes:
- Advising on consultant’s contract in Trinidad
- Advising on contract conditions in St Maarten
- Port project in Trinidad
- Energy projects in Chile & Peru
- Pier project in the Caribbean
Employers Beware
How important is it for an Employer to give a Sub-Clause 2.5 notice of a set-off or cross-claim under the FIDIC Red Book form of contract? Very, according to the Privy Council in NH International (Caribbean) Limited v National Insurance Property Development Company Limited . It found that: o Sub-Clause 2.5 applies to any claims the Employer wishes to make. o The Employer must make such claims promptly and in a particularised form. o Where the Employer fails to raise a claim as required, the back door of set-off or cross-claims is firmly shut. The case also serves as a warning to Employers who take a relaxed view towards their obligation under Sub-Clause 2.4 to provide reasonable evidence of the financial arrangements they have made and are maintaining to pay the Contract Price. It doesn’t matter how wealthy or important the Employer is (it may be a Government, company or individual with very substantial funds) detailed financial information must still be provided.
Experience includes:
- Road projects in Ethiopia, Malawi, Kampala, Uganda
- Building projects in Libya, Egypt, Sudan
- Energy and power projects in Uganda, Tunisia, Kenya, Sudan, Tanzania, Egypt, Ethiopia, Rwanda
- Airport projects in Ethiopia
- Heavy industrial projects in Egypt, West Africa, Uganda
- Advising on the call of bonds in Uganda, Rwanda
- Advising on bonds/guarantee conditions in Zambia, Rwanda
- Advising on contract conditions in Niger, Armenia, Rwanda
- Negotiating contract terms on a windfarm in Kenya
- Port project in Togo
- Water project in Malawi
- ICC arbitration against a contractor in relation to the construction of elements of a port in Morocco
PERSERO 2 – Singapore Court of Appeal rules DAB decisions are enforceable by way of interim award
On 27 May 2015, the 160-page reserved judgement of the Singapore Court of Appeal (“CA”) was handed down in Persero 2 - PT Perusahaan Gas Negara (Persero) TBK (“PGN”) v CRW Joint Operation (“CRW”)[1]. It will be regarded a triumph for contractors wishing to enforce DAB decisions. The CA ruled that the interim award issued by the arbitral tribunal ordering enforcement of the DAB’s decision should stand. Using the concept of an “inherent premise”, the CA made two important findings: 1) it was not necessary for the Contractor to refer the failure to pay (the secondary dispute) back to the DAB; and 2) it was not necessary for him to refer the merits (the primary dispute) in the same single arbitration as his application to enforce.
Release from Performance – FIDIC’s Clause 19.7 and Other Remedies
Is not uncommon to find that an employer attempts to pass almost all risk in a contract to the contractor. However, such an approach may have unforeseen consequences when events later make completion of the works impossible. Here Andrew Tweeddale considers how and when a contractor might be released from further performance.
FIDIC’s Silver Book – Payments due shall not be withheld … really?
There is a substantial difference between the payment provisions of the FIDIC 1999 Red and Yellow Books compared with the Silver Book. This article explores how a court in Queensland (Australia) has dealt with the Silver Book’s provision. Contractors have good cause to be wary.
Experience includes:
- Road projects in Vietnam, India, Kyrgyzstan, Malaysia, Ukraine
- Rail projects in Vietnam
- Bridge construction in Vietnam
- Energy and power projects in Laos, Borneo, Indonesia
- Building projects in Hong Kong, the Seychelles, Malaysia
- Port projects in India
- Dredging works in Australia, Bangladesh
- Advising on a bond in India
- Advising on contract conditions in Australia
- Advising on disputes regarding waste water treatment plant in Uzbekistan
- Hydropower Projects in Pakistan, Nepal
- Airport project in Nepal
- Water tunnel project in Nepal
Middle East Focus
- Energy projects in Abu Dhabi, Saudi Arabia
- Port projects in Iraq
- Rail project in Abu Dhabi
- Heavy industrial projects in Qatar, Jordan
- Building projects in Lebanon
- Advising on construction of a sea wall in Oman
- Advising on a final account claim in Iran
- Waterpark project in Abu Dhabi
- Commercial building projects in Abu Dhabi
Jurisdiction, Admissibility and FIDIC
An issue that often arises in international arbitrations involving the FIDIC forms of contract is whether a claimant's failure to: (a) go through the dispute resolution provisions; or (b) comply with a time-bar clause gives rise to a question of admissibility or jurisdiction. Put another way, if a claimant has failed to issue a notice of claim within 28 days or failed to refer a dispute to a DAB, does the arbitral tribunal have jurisdiction to make an award on the merits or should the arbitral tribunal make an award stating that it lacks jurisdiction?
FIDIC’S Golden Principles – holding back the tide?
FIDIC is concerned about its image. It says that heavily amending the FIDIC forms of contract impacts upon the FIDIC brand and that this is damaging FIDIC’s reputation. It seeks to address this with the introduction of five Golden Principles. But the Golden Principles are merely aspirational; they are not binding and have no contractual effect. Does this render them a pointless gesture ‘trying to hold back the tide’?
Experience includes:
- Road projects in Poland, Romania, Gibraltar, Albania, Iceland, Macedonia
- Rail projects in Romania, Bulgaria
- Building projects in Romania, Gibraltar, Ukraine
- Waste and water projects in Bulgaria, Croatia, Turkey, Romania
- Dredging works in Romania, Albania, the Baltic, Southern Europe
- Energy and power projects in UK, Holland, Gibraltar, Iceland, Serbia, Georgia
- Airport in Gibraltar
- Mine project in Spain
- Consultant Agreement in Georgia
England Focus
Experience includes litigation, arbitration and ADR on:
- Residential and commercial property claims
- Energy projects
- Mechanical and electrical claims
- Final Accounts and delay claims
- Advising on professional appointments
- Advising on contamination of land issues
- Drafting of construction contracts
Experience includes:
- Advising on consultant’s contract in Trinidad
- Advising on contract conditions in St Maarten
- Port project in Trinidad
- Energy projects in Chile & Peru
- Pier project in the Caribbean
Experience includes:
- Road projects in Ethiopia, Malawi, Kampala, Uganda
- Building projects in Libya, Egypt, Sudan
- Energy and power projects in Uganda, Tunisia, Kenya, Sudan, Tanzania, Egypt, Ethiopia, Rwanda
- Airport projects in Ethiopia
- Heavy industrial projects in Egypt, West Africa, Uganda
- Advising on the call of bonds in Uganda, Rwanda
- Advising on bonds/guarantee conditions in Zambia, Rwanda
- Advising on contract conditions in Niger, Armenia, Rwanda
- Negotiating contract terms on a windfarm in Kenya
- Port project in Togo
- Water project in Malawi
- ICC arbitration against a contractor in relation to the construction of elements of a port in Morocco
Experience includes:
- Road projects in Vietnam, India, Kyrgyzstan, Malaysia, Ukraine
- Rail projects in Vietnam
- Bridge construction in Vietnam
- Energy and power projects in Laos, Borneo, Indonesia
- Building projects in Hong Kong, the Seychelles, Malaysia
- Port projects in India
- Dredging works in Australia, Bangladesh
- Advising on a bond in India
- Advising on contract conditions in Australia
- Advising on disputes regarding waste water treatment plant in Uzbekistan
- Hydropower Projects in Pakistan, Nepal
- Airport project in Nepal
- Water tunnel project in Nepal
Middle East Focus
- Energy projects in Abu Dhabi, Saudi Arabia
- Port projects in Iraq
- Rail project in Abu Dhabi
- Heavy industrial projects in Qatar, Jordan
- Building projects in Lebanon
- Advising on construction of a sea wall in Oman
- Advising on a final account claim in Iran
- Waterpark project in Abu Dhabi
- Commercial building projects in Abu Dhabi
Meet the team
Insights
Corbett & Co. launch a new logo and website
Corbett & Co International Construction Lawyers Ltd have revealed refreshed branding, reflecting its growth over the past three decades. Centred on the company’s global reputation and sector knowledge, the new identity reflects Corbett & Co.’s
The Dangers of Employer Set Off in your FIDIC Contract: Suspension and Termination
Unfortunately, under the FIDIC Red and Yellow Books 1999, the right of an Employer to set off from an amount already certified in a Payment Certificate but unpaid is inexplicit. Once the Employer has a Sub-Clause 3.5 determination, it may ask the Engineer to deduct the amount determined from the next Payment Certificate. This is clear. But rather than rely on the Engineer, can the Employer instead, itself, deduct by way of set off from an amount already certified in a Payment Certificate but unpaid? This is not clear.
International Arbitration and Third Party Funding: Time to Rethink Reward and Risk?
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?
FIDIC’s New Green Form: The Missing Link
In December 2021 FIDIC issued its 2nd edition of the Green Book. It is not so much an update to the 1st edition as a new and improved, intermediate form of contract. FIDIC is promoting it as a simpler, user-friendly alternative to the FIDIC 2017 Red and Yellow Books, where significant contract administration and management resources are not needed. The Green Book 2nd edition is recommended to be used by the World Bank for projects up to US$ 10 million. The Green Book 1st edition was originally intended for projects of US $500,000 with no more than a 6-month duration. However, the Green Book 1st was sometimes used for larger projects with a duration of up to two years. The Green Book 2nd therefore takes over from where the Green Book 1st left off. This is to be welcomed. The FIDIC 2017 suite of contracts (Red/Yellow/Silver) is unsuitable for smaller projects where less administration is required. The Green Book 2nd will therefore fill a much-needed gap in the FIDIC rainbow and is likely to be attractive to both Contractors and Employers. This article looks at some of the key features of the Green Book 2nd.
On-Demand Bonds, Injunctions and FIDIC Contracts
Bonds and guarantees will usually be required in any major construction project and they are a requirement within FIDIC standard forms. An on-demand bond is a security that unconditionally requires a Bank or other surety to pay to the beneficiary a sum of money once a demand has been made and, on occasion, on the presentation of certain documents. This can be contrasted with a normal guarantee which will usually require the beneficiary to prove a liability against the obligor/debtor who has the benefit of the guarantee. These normal types of guarantees are commonly referred to as “see to it” guarantees.[1]
FIDIC 2017 – A Practical Legal Guide – Errata
Page Corrigenda 146 For provisions referring to sub-clause 3.7, see sub clauses 1.1.29, 1.1.57, 148 Clause 3 of the FIDIC Emerald Book 2019 … 348 Footnote 1: FIDIC’s Emerald Book 2019 … 353 Delete sentence "
Jurisdiction, Admissibility and FIDIC
An issue that often arises in international arbitrations involving the FIDIC forms of contract is whether a claimant's failure to: (a) go through the dispute resolution provisions; or (b) comply with a time-bar clause gives rise to a question of admissibility or jurisdiction. Put another way, if a claimant has failed to issue a notice of claim within 28 days or failed to refer a dispute to a DAB, does the arbitral tribunal have jurisdiction to make an award on the merits or should the arbitral tribunal make an award stating that it lacks jurisdiction?
Tribunal Secretaries: Tasks, Transparency and Regulation
Background The debate surrounding the use of tribunal secretaries in international arbitration is not new. In 2002, Partasides christened the issue "the Fourth Arbitrator"[1]. Noting concern within the arbitration community at a perceived excessive role