Construction Law International October 2011

Construction Law International articles are now available online to members of the International Construction Projects Committee. To access the article in this issue, you will need to sign in using your IBA username and password. Access login details.


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Trends – dispute resolution in the credit crunch (FEATURE)
Dr Robert Gaitskell QC

The current credit crunch has made the construction industry focus on those dispute resolution procedures that are most cost-effective. Further, the range of procedures now available means that traditional reliance on arbitration and litigation has been undermined by usage of new techniques. This article surveys the range of options available, and considers how recent events and new methods are changing the resolution landscape.

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‘Binding’ DAB decisions – are they enforceable? (FEATURE)

Taner Dedezade

Are ‘binding’ DAB decisions enforceable? Four say 'YES', three say 'NO'.

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FIDIC Forum (FEATURE)

Christopher R Seppälä

Some arbitral tribunals and courts have inferred from Sub-Clause 20.7 of the FIDIC Red Book’s expressly providing for the enforcement by arbitration of ‘final and binding’ decisions of a Dispute Adjudication Board (DAB) that ‘binding’ decisions of a DAB (that is, those that have been the subject of a notice of dissatisfaction) should not be enforced by arbitration. This article, by a long-time (since the mid-1980s) legal adviser to the FIDIC Contracts Committee, submits that this was not FIDIC’s intention.

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Updates from around the world 

 

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David Thomas QC: Do time bars bite?

Regular column by David Thomas QC.

 

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Insight: Australia’s consumer protection law

Dr Donald Charrett

Since 1974, Australia has had one of themost far-reaching ‘consumer’ laws in the world. The ambit of the Trade Practices Act 1974 (Cth) (TPA) – now, the Competition
and Consumer Act 2010 (Cth) (CCA) – is very broad, encompassing, among other things, operations of the Australian Competition and Consumer Commission and other statutory bodies that promote and monitor competition, restrictive trade practices, unconscionable conduct, consumer protection, liability for defective goods, international liner cargo shipping, a competition code and the telecommunications industry.

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From the construction law campus: Australia

John Barber

The Editors of CLInt are proud to have launched a new regular feature, ‘From the construction law campus’. This column will provide a forum for those who teach construction law to describe ‘academic’ or ‘theoretical’ topics they have encountered as teachers that may be of interest to construction law practitioners. We are fortunate to have assembled a roster of distinguished construction law academics from around the world, including Australia, Austria, England, France, Hong Kong, the Netherlands, Singapore and the United States.

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An expert writes...Reviewing the project programme

Paul Kelly

In this our inaugural feature, Paul Kelly explains the basics of what should be expected of a contractor by way of best practice in the review, updating and reporting of the current status of the project programme and what, disappointingly, he finds all too often to be the case, and the potential consequences.

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Case updates

 

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Book review

 

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