INSIGHTS

The Role of the FIDIC Observer in ICC Arbitrations on FIDIC contracts

 05/07/2023

Get in touch

Edward Corbett, Consultant

INSIGHTS

The Role of the FIDIC Observer in ICC Arbitrations on FIDIC contracts

 July 5, 2023

Get in touch

Edward Corbett, Consultant

The ICC informed a recent FIDIC Conference that draft awards dealing with FIDIC Contracts were routinely passed to the ‘FIDIC Observer’ for comment. The stated purpose being to ensure consistency of awards on FIDIC.

In this article, I discuss the role of the FIDIC Observer in reviewing draft awards dealing with FIDIC contracts. I ask whether this complies with the ICC’s Rules or could give grounds for challenge; and whether consistency in the absence of published awards is a desirable objective.

Click the link below to read the full article.

Related

  • Builders consulting plans

    FIDIC 1999 Books – Commentary on Clause 10

    Summary Clause 10 deals with the Taking-Over of the Works, Sections, or parts of the Works. Sub-Clause 10.1 deals with the Taking-Over of the Works and Sections. Taking-Over by the Employer happens when the Works (a) pass the Tests on Completion; (b) are substantially complete; (c) any contractual requirements relating to Taking-Over have been met;

  • People signing document at official meeting

    FIDIC 1999 books – Commentary on Clause 20

    Summary Clause 20 deals with claims, disputes and arbitration. Sub-Clause 20.1 deals with the Contractor’s claims. The Contractor must give notice wherever it considers itself entitled to additional time and money within 28 days. The 28 day notice is a condition precedent to the Contractor’s entitlement to time and money. Thereafter the Contractor must submit

  • FIDIC 1999 Books – Commentary on Clause 10

    Summary Clause 10 deals with the Taking-Over of the Works, Sections, or parts of the Works. Sub-Clause 10.1 deals with the Taking-Over of the Works and Sections. Taking-Over by the Employer happens when the Works

  • FIDIC 1999 books – Commentary on Clause 20

    Summary Clause 20 deals with claims, disputes and arbitration. Sub-Clause 20.1 deals with the Contractor’s claims. The Contractor must give notice wherever it considers itself entitled to additional time and money within 28 days. The

  • As simple as it seems? – an analysis of the prolongation costs clause in the FIDIC Green Book 2021

    This article reflects on the introduction of an automatic contractual mechanism for calculating prolongation costs into the Green Book 2021 and will consider whether it will remove the expense of experts and lawyers from the

  • Risks in the Construction of Hydropower Projects: Unforeseen Ground Conditions under FIDIC

    The construction of hydropower projects is highly dependent on the ground conditions, for both the design and for the construction of dams, tunnels and power stations. But the unique site-specific characteristics of each hydropower project

  • Panther Pounces on Late Notice: Dubai court disagrees with Obrascon on time-bar under Sub-Clause 20.1 of FIDIC 1999

    Contractors who fail to issue their FIDIC 1999 Sub-Clause 20.1 notices on time are easy prey. In a brutal decision for contractors, the Dubai International Financial Centre (DIFC) Court of Appeal has revisited the question

  • The Role of the FIDIC Observer in ICC Arbitrations on FIDIC contracts

    The ICC informed a recent FIDIC Conference that draft awards dealing with FIDIC Contracts were routinely passed to the 'FIDIC Observer' for comment. The stated purpose being to ensure consistency of awards on FIDIC. In