Knowledge Hub

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1. FIDIC 1999 Books - Commentary on Clause 19

Written by Andrew Tweeddale | 28/09/2017

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3. Mistake In English Law: Two Recent Cases

Written by Joanne Clarke | 03/08/2017

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5. Penalty Clauses Down Under

Written by Victoria Tyson | 03/08/2017

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6. FIDIC 1999 Books - Commentary on Clause 15

Written by Andrew Tweeddale | 10/05/2017

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7. FIDIC 1999 Books - Commentary on Clause 16

Written by Andrew Tweeddale | 21/02/2017

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8. A Surprise Award of Third Party Funding Costs

Written by Joanne Clarke | 08/02/2017

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?..

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9. The Employer's Agent

Written by Victoria Tyson | 08/02/2017

The Engineer is deemed to act for the Employer and is essentially the Employer’s agent under the FIDIC Red Book 1999. He is not a wholly impartial intermediary, unless such a role is specified in the Particular Conditions, and there is no general obligation under the FIDIC Red Book 1999 for the Engineer to act independently or impartially. However, when he is required to make a determination under Sub-Clause 3.5, he is obliged to make it a fair determination and when he is obliged to issue an Interim Payment Certificate under Sub-Clause 14.6, or a Final Payment Certificate under Sub-Clause 14.13, he must fairly determine the amount due...

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10. Quick Step: Emergency Arbitration v DAB

Written by Sara Ehsani | 08/02/2017

In 2012, the ICC Rules of Arbitration introduced “Emergency Arbitration”, a procedure that parties may follow to seek urgent interim relief before the constitution of an arbitral tribunal. These provisions will remain unchanged in the new ICC Rules of Arbitration which will come into force in 2017. In 2015, 24 applications for Emergency Arbitration were received by the ICC, of which 10 were filed prior to commencement of arbitration1...

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74 results available.

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