2016/2017
November 8, 2016
Fenwick Elliott Annual Review 2016/2017
Our Review focuses on the ever-increasing importance of the impact of artificial intelligence and the digital big bang. We look at the continued march forward of BIM and the contractual safeguards that need to be put in place to work with BIM. We review the impact of the Arnold v Britton and Marks & Spencer v BNP Paribas cases and look at the outcome of the Supreme Court’s review about liquidated damages. We reflect on the question of whether or not a prohibition on oral variations can ever be overridden and we remind you of just how easy it is to sign up to personal guarantees, but how hard it is to try and extricate yourself from having done so. To complement our office in Dubai, the Review has an international flavour and we comment on the Dubai courts which have been considering whether or not an Engineer’s Decision under the FIDIC form is a contractual precondition to the right to bring an arbitration claim. We also provide an update on adjudication, take a look at the impartiality of adjudicators and arbitrators, consider guarantees and look at the extent to which the UK courts embrace the principle of good faith.
There are plenty more articles for your consideration, the links to which are below or you can download a PDF of the full Review by completing the “Download our Annual Review” form. If you would like a hard copy of this Annual Review, please contact Jeremy Glover [1].
Annual Review articles
Artificial Intelligence and the law [2]
Recognising your BIM obligations and limitations [3]
The Disclosure Menu in a world of big data [4]
The Jackson Reforms to the litigation process: three years on [5]
Guaranteeing company obligations – don’t let it get personal [6]
Payment provisions in construction contracts: another year on [7]
Is there a general principle of good faith under English law? [8]
Contractual preconditions to arbitration under FIDIC: Dubai 2016 [9]
Formation of subcontracts and time bar clauses [10]
Anti-oral variation clauses: are they enforceable? [11]
Interpreting contracts and implying terms: the approach of the Supreme Court [12]
Liquidated damages following Cavendish [13]
Conflict of interest – apparent bias of arbitrators [14]
Ps – Changes to the FIDIC Form of Contract [16]