International Quarterly archive

Issue 40, 2025

This issue focuses on recent developments in international arbitration and project disputes. We begin with a Privy Council decision offering rare guidance on interpreting standard FIDIC terms in Water and Sewerage Authority of Trinidad and Tobago v Waterworks Ltd. We then look to the UAE, where Dubai’s local onshore courts have for the first time recognised the “without prejudice” principle. This is followed by a review of the Singapore International Arbitration Centre’s 2025 Rules, which introduce new procedures and updates to existing processes. The issue concludes with an analysis of Destin Trading Inc v Saipem SA, a case highlighting risks at the intersection of settlement and arbitration agreements.

The links to these articles are below

FIDIC termination for convenience payment did not cover cancellation charges payable under subcontracts [1]

Recognition of “without prejudice” in the UAE [2]

SIAC introduces Seventh Edition of Rules [3]

Destin v Saipem: a cautionary tale on the interplay of settlement agreements and arbitration agreements [4]

PDF logo download (PDF 1.85MB) Issue 40 of International Quarterly [5]

Issue 39, 2024

This issue focuses on updates and reforms across the global legal landscape, looking first at the latest update to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration. We then look at a recent judgment which demonstrated the US Courts’ pro-arbitration and pro-enforcement stance, followed by reviewing an English High Court ruling that set aside a fabricated £70 million award where no arbitration agreement existed and no arbitration had taken place. The issue concludes with a consideration of a recent UK Supreme Court judgment which looked at the compensatory principle and the principle of mitigation.

The links to these articles are below

Update: the IBA Rules on Conflicts of Interest in International Arbitration 2024 [6]

US Court of Appeals upholds decision of the District Court to enforce Micula award against Romania [7]

English High Court sets aside fabricated £70 million arbitration award [8]

Mitigation, the compensatory principle and the law of damages: Sharp Corp Ltd v Viterra BV [2024] UKSC 14 [9]

PDF logo download (PDF 4MB) Issue 39 of International Quarterly [10]

Issue 38, 2024

This issue focuses on updates and reforms across the global legal landscape, looking first at parallel building safety approaches in the UK and New Zealand as well as the respective stances on the recovery of costs and losses. We then turn to a review of full disclosure in arbitration, followed by a closer look at apparent bias and applications to remove arbitrators, with both articles referring to Halliburton v Chubb from 2020. The issue concludes with a summary of this year’s Vis Moot simulated court proceedings, which took place this March in Vienna.

The links to these articles are below

A Tale of Two Countries: reflections on cladding and fire safety issues in the United Kingdom and “leaky building” issues in New Zealand [11]

Full disclosure – what do we really need to know? [12]

Apparent bias and applications to remove arbitrators [13]

The Procedural Issues of the Vis Moot: addition of a new claim and consolidation under the ICC Rules [14]

PDF logo download (PDF 3MB) Issue 38 of International Quarterly [15]

Issue 37, 2024

In this issue of IQ, we take a detailed look at the development of the right to terminate for convenience under the FIDIC Red, Yellow and Silver Books. We also review a judgment in which the court rejected claims of forum non conveniens, setting a precedent for future disputes containing DIFC-LCIA clauses. Our final two articles both look at different sections of the Arbitration Act 1996. The first considers a recent ruling that demonstrated the high standard that challenges under the Act’s section 68 must meet in order to succeed. The second covers the Law Commission’s recent decision not to recommend any reform of section 69 of the Act and compares this to the position in Italy.