Knowledge Hub Archive - September 2015

Aspect v Higgins: The Final Reckoning

Written by Dominic Helps | 14/09/2015

How long do you have to challenge an adjudicator’s decision? Controversially, the English Supreme Court has now ruled as follows: If you were the loser and required to pay monies, you will have the full limitation period, typically six years, to bring your claim to recover those monies starting from when you were required to make payment to the winner; whereas If you were the winner, your right to seek an improvement of the result will come to an end at the same time as the limitation period for the original claim....

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PERSERO 2 – Singapore Court of Appeal rules DAB decisions are enforceable by way of interim award

Written by Taner Dedezade | 14/09/2015

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....

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FIDIC’S procedures for the appointment of a DAB need improvement

Written by Steve Mangan | 14/09/2015

If the parties to a FIDIC contract cannot agree on a suitable DAB member and they have selected FIDIC as their appointing entity, they may request FIDIC to appoint that DAB member. FIDIC’s present procedures however seem less than ideal. They increase the prospect of rejection of the candidate nominated by FIDIC in the first instance and so also the need to repeat the exercise. They could also result in an appointment unacceptable to one or both parties. In my view they need to be revised....

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Release from Performance - FIDIC's Clause 19.7 and Other Remedies

Written by Andrew Tweeddale | 04/09/2015

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....

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