International Quarterly archive

Issue 21, 2017

In this edition we discuss how the proposed new edition of the FIDIC Rainbow Suite deals with claims and disputes. We also look at BIM as well as commenting on two recent developments which may affect the conduct of arbitration in the UAE and the revised ICC Rules of Arbitration which came into force on 1 March 2017.

The links to these articles are below

FIDIC and BIM [1]

ICC revised Rules of Arbitration [2]

Changes to the Claims provision in the proposed second edition of the Yellow Book [3]

The new FIDIC Yellow Book dispute resolution procedure: Part 1 - the proposed new dispute resolution mechanism [4]

DIFC: Severe Restriction for DIFC Enforcement [5]

What might changes to the UAE penal code mean for arbitrators and expert witnesses? [6]

PDF logo download (PDF 1.9MB) Issue 21 of International Quarterly [7]

Issue 20, 2016

In this edition we look at the proposed changes to the FIDIC Yellow Book and consider their likely impact. We also review the Modifications to the ICC Practice Note on Conduct of Arbitration and Update to the ICC rules of Arbitration. We then discuss two recent cases where Fenwick Elliott acted involving attempts to refuse to honour letters of credit. Finally, the DIFC-LCIA Arbitration Centre has released its new Arbitration Rules, and we look at the most important changes.

The links to these articles are below

Changes to the FIDIC Form of Contract [8]

Modifications to ICC Practice Note on Conduct of Arbitration and Update to the ICC Rules of Arbitration [9]

When good security is paramount and the courts are hands off [10]

The DIFC-LCIA Arbitration Centre introduces 2016 Arbitration Rules [11]

PDF logo download (PDF 2.78MB) Issue 20 of International Quarterly [12]

Issue 19, 2016

This edition focuses on a number of issues relevant to international arbitration.

The links to these articles are below

Recovery of Third-Party Funding Costs in Arbitration [13]

No general organising principle of good faith in English law: the Court of Appeal’s decision in MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789 [14]

Bribery in International Construction [15]

The Letter of Intent – a binding contract? [16]

Contractual Pre-Conditions to Arbitration in England and the UAE [17]

Enforcement of foreign judgments: location, approbation, reprobation [18]

PDF logo download (PDF 2MB) Issue 19 of International Quarterly [19]

Issue 18, 2016

This edition focuses on a number of issues relevant to international arbitration. SIAC, in Singapore, released its new arbitration rules on 1 July 2016, whilst a recent English case arising out of a contract to paint submarines looks at the incorporation of arbitration agreements. We also focus on an important DIFC decision which makes positive reading for those interested in enforcing foreign judgments in Dubai. Finally we include a timely reminder on the growing emphasis across the globe, on ensuring that corruption and bribery are eliminated.

The links to these articles are below or you can PDF logo click to download (PDF 7.3MB) Issue 18 of International Quarterly [20]

Issue 18 articles

The incorporation of arbitration agreements [21]

The jurisdiction of the arbitral tribunals [22]

SIAC announces updated Arbitration Rules and new Investor-State Arbitration Rules [23]

DNB Bank v Eyadah: jurisdiction of the DIFC courts [24]

Complacency costs when it comes to anti-bribery legislation [25]