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On 12 - 13 October 2017 the European International Contractors ("EIC") met in Paris to discuss the Global Infrastructure Funding Gap.

This British Virgin Islands ("BVI") Commercial Court case confirms that a state's written undertaking in a BIT to enforce arbitral awards may be understood as agreeing not only to the recognition of such awards...

Under the FIDIC form, whether it is the 1999 Rainbow suite or the 1987 Fourth Edition, which is still used fairly widely in the Middle East today, obtaining a decision from either the Engineer (4th Edition) or a DAB (1999 suite) is generally a precondition to a party being entitled to commence arbitration.

In May of last year, the Nigerian Senate passed the Arbitration and Mediation Bill 2022, representing the most significant reform of its arbitration law in over thirty years.

The second edition of the FIDIC Green Book (or Short Form of Contract) was formally released at the FIDIC International Contract Users' Conference on 7-9 December 2021.

It would be fair to say that a party wishing to challenge an arbitration award, under the 1996 Arbitration Act, in England and Wales will as a general rule face an uphill struggle.

This fifteenth issue of Insight focuses on the new Court of Appeal Mediation Scheme and the effect the Scheme might have on the future of mediation and alternative dispute resolution in the English courts.

In this issue we take a look at developments to BIM since our last issue on the subject in January 2012.

Lord Justice Jackson’s cost reforms came into force on 1 April 2013. Though primarily aimed at personal injury litigation, the reforms will affect construction and engineering litigation.

It is not often that the FIDIC form of contract comes before the English courts.

It seemed as if there might never be a reported case on BIM: perhaps because of the apparent transparency and/or collaboration inherent in BIM? In any event, here it is.

In June 2018, the Technology and Construction Court (likely) brought an end to what Fraser J could only describe as "some long running, and bitterly fought, litigation" with his decision in Imperial Chemical Industries Limited v Merit Merrell Technology Limited.

The procedural or "curial law" which governs an international arbitration can have a tremendous impact on the proceedings as the arbitral tribunal will turn to it in order to decide any number of key matters ranging from whether or not the dispute is actually capable of being referred to arbitration to whether or not to order interim measures to the final judgment itself.

If a final certificate has been issued, under most contracts there is a short period before it becomes conclusive; under most JCT contracts that period is 28 days. If a party wants to challenge that certificate it must take action within that window of opportunity.

Artificial intelligence ("AI") and technological advances are already reshaping the landscape of the UK construction industry.

In this case, the claimant sought continuation of an injunction restraining the defendant from acting as experts for a third party in an ICC arbitration against the claimant.

Countries including the US, China, India, South Korea, Saudi Arabia and Qatar are now signatories.