Construction Law International - November 2019 - From the Editors
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Dear members of the International Construction Projects (ICP) Committee,
I am glad to introduce this edition of Construction Law International (CLInt), which includes an array of contributions from the global construction and engineering sector.
We continue our ‘FIDIC around the world’ series in this issue with Chile and Russia added to our collection. With thanks to Oscar Aitken, Juan Pablo Stitchkin and Eduardo Morandé for the Chile questionnaire and Nikolay Scherbakov for the update on FIDIC in Russia. These updates provide examples of how FIDIC contracts traverse non-English speaking jurisdictions and civil and common law jurisdictions.
Moving to neutral ground, Juliette Asso and Angela Casey provide a country update from a recent Swiss Federal Supreme Court decision on staying arbitration proceedings because the parties skipped mandatory pre-arbitral steps. Continuing on our global construction journey, this update is complemented by a report from Australia in which Sam Luttrell and his colleagues consider a High Court of Australia decision that overturned a Victorian Court of Appeal decision in relation to whether a contractor may accept an owner’s repudiation and elect to claim on a quantum meruit basis. Returning to FIDIC, Mark Grimes looks at the FIDIC suite of contracts and examines the time-barring criteria to identify a gap in the ‘fully detailed Claim’ time-barring procedures.
Our feature articles continue to traverse the globe, with Dimitris Mauro Rubino-Sammartano considering the various dispute resolution procedures available to parties to construction contract in light of the relevant provisions in the 2017 FIDIC General Conditions. Heading south, Salwa Fawzy, Islam El-adaway, Louis Perreau-Saussine, Mohamed Abdel Wahab and Tarek Hamed set out a comparative analysis of the provisions of the Unforeseeable Physical Conditions under FIDIC and under the Egyptian Civil Law.
Venturing away from a dispute focus, Foluke Akinmoladun provides an update on what construction companies performing construction works in Nigeria can do to prepare for the relatively new International Financial Reporting Standards No 15 in the context of recognising revenue from customers in their financial statements. From Canada, Sharon Vogel and Emira Bouhafna provide an overview of the legislative regime in respect of bribery and corruption in the construction industry.
This issue of CLInt provides another truly international perspective on construction and infrastructure issues. We thank our contributors for their insightful articles and we hope you will enjoy reading this edition.
As always, we invite you all to contribute to CLInt by submitting your articles to CLInt.firstname.lastname@example.org.
ICP Committee Deputy Editor
Corrs Chambers Westgarth, Sydney, New South Wales