+ 44 (0)20 8614 6200
info@corbett.co.uk
+ 44 (0)20 8614 6200
info@corbett.co.uk
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FIDIC
Knowledge Hub
+ 44 (0)20 8614 6200
info@corbett.co.uk

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

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.

By |September 14th, 2015|Dispute Boards, Knowledge Hub|Comments Off on FIDIC’S procedures for the appointment of a DAB need improvement

Can a party ignore FIDIC’s DAB process and refer its dispute directly to arbitration?

If there is no DAB appointed by the parties to a FIDIC 1999 contract, may disputes be referred directly to arbitration under clause 20.8? This issue has troubled many in the industry – and has now been considered in English and Swiss courts.

By |November 17th, 2014|Adjudication / Dispute Boards / ADR, Dispute Boards, Knowledge Hub|Comments Off on Can a party ignore FIDIC’s DAB process and refer its dispute directly to arbitration?

Tunnel Vision: The English High Court Considers the FIDIC Yellow Book

The English Court considers termination and notice provisions under the FIDIC Yellow Book 1999. How are clause 15.1 notices to correct limited? Do termination events have to be repudiations? Is it fatal to serve notice of termination on the ’wrong’ address? When does the 28-day period under clause 20.1 start to run? Mr Justice Akenhead offers guidance to the industry.

By |September 1st, 2014|English Law, Knowledge Hub, Litigation|Comments Off on Tunnel Vision: The English High Court Considers the FIDIC Yellow Book
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