International Quarterly archive

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 [1]

Modifications to ICC Practice Note on Conduct of Arbitration and Update to the ICC Rules of Arbitration [2]

When good security is paramount and the courts are hands off [3]

The DIFC-LCIA Arbitration Centre introduces 2016 Arbitration Rules [4]

PDF logo download (PDF 2.78MB) Issue 20 of International Quarterly [5]

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 [6]

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 [7]

Bribery in International Construction [8]

The Letter of Intent – a binding contract? [9]

Contractual Pre-Conditions to Arbitration in England and the UAE [10]

Enforcement of foreign judgments: location, approbation, reprobation [11]

PDF logo download (PDF 2MB) Issue 19 of International Quarterly [12]

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 [13]

Issue 18 articles

The incorporation of arbitration agreements [14]

The jurisdiction of the arbitral tribunals [15]

SIAC announces updated Arbitration Rules and new Investor-State Arbitration Rules [16]

DNB Bank v Eyadah: jurisdiction of the DIFC courts [17]

Complacency costs when it comes to anti-bribery legislation [18]

Issue 17, 2016

This edition updates us on a recent legal case that has been important for international arbitration, as it is the common law test for apparent bias and highlights the weaknesses of the 2014 edition of the IBA Guidelines. Jeremy Glover poses the question of whether notice clauses are always fair and reasonable, Sana Mahmud discusses LCIA Costs and duration data and Philip Barnes looks at a recent case concerning the secretive nature of “offshore companies” and the opaque nature of the financial position of one BVI incorporated company that came before the English Court of Appeal.

The links to these articles are below or you can PDF logo click to download (PDF 450KB) Issue 17 of International Quarterly [19]

Issue 17 articles

Are notice clauses always fair and reasonable? [20]

LCIA Costs and duration data [21]

Conflict of interest – apparent bias of arbitrator – IBA Guidelines [22]

Security for costs and off-shore companies [23]