Can a party ignore FIDIC’s DAB process and refer its dispute directly to arbitration?

If there is no DAB appointed by parties to a FIDIC 1999 contract, may disputes be referred directly to arbitration under Clause 20.8? This issue has troubled many in the industry – and has now been considered in English and Swiss courts.

Author: Joanne Clarke

Tags: 1999 Red, DAA, DAB, DAB process, FIDIC, FIDIC 1999 contract, Red Book, Silver Book, sub-clause 20.2, sub-clause 20.3, sub-clause 20.8, sub-clauses 20.5 and 20.6, Yellow and Silver Books, Yellow Book

11/17/2014

Indemnity Costs – you’ll be lucky! Interim Payment of Costs – definitely maybe

Even if a claimant has achieved complete success in litigation, it remains exceptionally difficult to recover legal costs on an indemnity basis, as this case demonstrates. Costs will most likely be recovered on the standard basis – at least in the absence of bad conduct during the litigation itself. This case also indicates that the court will generally limit an interim payment of costs to two-thirds of an approved costs budget.

Author: Victoria Tyson

Tags: 1999 Yellow Book, Airports, FIDIC, GoG, indemnity costs, interim payment, Obrascon v Gibraltar, OHL

11/12/2014

Light at the end of the tunnel? Gibraltar dispute reviews key FIDIC Yellow Book provisions

As disputes under the FIDIC forms of contract are normally resolved in private Dispute Adjudication Board (“DAB”) proceedings or confidential arbitration proceedings, reported FIDIC cases are rare and often of considerable precdential value either formally or informally. In this article, originally published in The International Construction Law Review, Victoria Tyson considers one such recent decision which was transferred from the Gibraltar courts.

Author: Victoria Tyson

Tags: 1999 Yellow Book, arbitration, DAB, FIDIC, International Construction Law Review, TCC, Technology and Construction Court, Yellow Book

09/14/2014

Tunnel Vision: The English High Court Considers the FIDIC Yellow Book

The English Court considers termination and notice provisions under the FIDIC Yellow Book 1999.

How are clause 15.1 notices to correct limited?
Do termination events have to be repudiations?
Is it fatal to serve notice of termination on the ’wrong’ address?
When does the 28-day period under clause 20.1 start to run? Mr Justice Akenhead offers guidance to the industry.

Author: Victoria Tyson

Tags: 1999 Yellow Book, address for service of notices, Airports, English High Court, FIDIC, GoG, notice, Obrascon v Gibraltar, OHL, sub-clause 20.2, termination, Yellow Book

09/01/2014

Mind The Gap: Analysis of Cases and Principles Concerning the Ability of ICC Arbitral Tribunals to Enforce Binding DAB Decisions Under the 1999 FIDIC Conditions of Contract

Published in International Arbitration Law Review This article is divided […]

Author: Victoria Tyson

Tags: arbitration, binding but not final DAB decisions, binding DAB decision, Dispute Resolution, Enforcement of DAB awards, enforcing binding DAB awards, FIDIC 1999, final award, ICC arbitration, interim award, Interim relief, partial award, Persero

01/01/2014

Enforcement of DAB decisions – The legal justification for the ‘enforcement’ of a ‘binding’ DAB decision under the FIDIC 1999 Red Book

A previous article proposed that difficult questions arose from recent […]

Author: Joanne Clarke

Tags: damages for breach of sub-clause 20.4, Enforcement of DAB awards, enforcing binding and final DAB awards, FIDIC, FIDIC 1999, final award, ICC rules, interim award, order, partial award, power to grant specific performance, provisional award

03/01/2012

Are you in? Or are you out? An analysis of Section 69 of the English Arbitration Act 1996: Appeals on a question of law

Parties should decide early whether to include court jurisdiction for appeals on legal questions in arbitration. Excluding court jurisdiction ensures finality, cost savings, and speed. Including it addresses concerns about arbitrators’ legal interpretation abilities. The 1996 Act allows this choice.

Author: Victoria Tyson

Tags: arbitration, exclusion of court's jurisdiction, permission to appeal in arbitration, right to appeal on a question of law in arbitration, s69 Arbitration Act 1996

01/01/2006