Dear readers,
Firstly, I want to thank Virginie Colaiuta for her leadership of the editorial team during the past two years. We have had diverse contributions largely due to Virginie’s hard work. We are, however, fortunate that Virginie’s expertise will stay with Construction Law International (CLInt) as she transitions to Chair of the Editorial Board.
In that regard, we extend our gratitude to Roger ter Haar QC for his experienced oversight of the Editorial Board for the past years, always ensuring the ship steered in the right direction.
We also welcome our new editors to CLInt:
• Ana Carolina Horta Barretto, Veirano Advogados, Sao Paulo;
• Jinlin Nan, Zhong Lun, Shanghai;
• Sung Hyun Hwang, GS Engineering & Construction Corporation, Seoul;
• Nnenna Eze, FHN 26 Limited and First Hydrocarbon Nigeria Company Limited, Lagos; and
• Sharon Vuillet, Systra Korea, Seoul.
In this first edition of CLInt for 2020, we are pleased to continue our ‘FIDIC around the world’ series with insights from Poland and China. Further on FIDIC, Gordon Jaynes addresses a series of question that highlight the pitfalls of a party having to provide security in respect of a Dispute Avoidance Board decision.
We have a number of feature articles ranging from considerations of dispute boards in Austria by Thomas Frad, to rethinking the resolution of construction disputes by John Hinchey.
From Australia, Matthew Muir and James Arklay consider a Supreme Court case which gives cautionary guidance on delay analysis lore. Roberta Downey discusses winning delay claims, based on the paper presented at the ICP Working Weekend in Athens in 2019, and Alexandre Arlota and Marc-Henrik Werner consider delays in construction projects in Brazil.
In Asia, Sung Hyun Hwang discusses preventative legal measures under Korean law against unjust bond calls.
We have two book reviews in this edition: Bill Barton has reviewed Richard Davis’ Construction Insolvency: Security, Risk and Renewal in Construction Contracts, and Thayananthan Baskaran has reviewed Eckart J Brodermann’s book UNIDROIT Principles of International Commercial Contracts, An Article-by-Article Commentary.
This issue of CLInt certainly provides diverse perspectives on international construction issues. We thank our contributors for their insightful articles and we hope you will enjoy reading this edition.
From country updates to feature articles, we invite you all to contribute your thoughts and insights to CLInt by submitting your articles to CLInt.submissions@int-bar.org.
Thomas Denehy
Managing Editor, ICP Committee
Corrs Chambers Westgarth, Sydney
thomas.denehy@corrs.com.au
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