In this article Corbett & Co. Director Andrew Tweeddale addresses whether sub-clause 20.5 is a condition precedent to the commencement of an arbitration or whether it is an obligation, the breach of which will not affect the jurisdiction of the arbitral tribunal to resolve the dispute.
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.
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.
Rumour reaches us that the Multilateral Development Banks (MDBs) behind the Pink Book, FIDIC’s harmonised version of the 1999 Red Book, will discontinue the experiment. Should we be sorry to see the back of the Pink Book? We think not.
What is the point of a variations clause? It is
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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.
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