From the Editors – Construction Law International – March 2022

Thomas Denehy, China Irwin and Thayananthan BaskaranThursday 7 April 2022

Dear readers,

It is with great pleasure that we introduce to you the March 2022 issue of Construction Law International.

Before we turn to the articles that comprise this issue of CLInt, we would like to welcome our new editors to the editorial board:

• Donald Charrett, Expert Determination Chambers, Melbourne, Australia (senior editor)

• Phillip Greenham, Melbourne, Australia (senior editor)

• Thaís Fernandes Chebatt, Pinheiro Neto, São Paulo, Brazil

• Ngo-Martins Okonmah, Aluko & Oyebode, Lagos, Nigeria

• Katherine Bell, Schellenberg Wittmer, Zurich, Switzerland

We would also like to congratulate Thayananthan Baskaran on taking on the ICP Deputy Committee Editor role. Thaya has been involved with CLInt for a number of years and will be a steady hand managing the publication with ICP Committee Editor China Irwin.

We start this edition with the final Co-Chairs’ column in which Shona Frame and Ricardo Barreiro hand over reigns to Jean-Pierre van Eijck and Joe Moore. We wish Jean-Pierre and Joe all the best for their term as Co-Chairs of the International Construction Projects Committee.

Following the Co-Chairs’ column, we also include a short update from the SEERIL Committee on the Biennial Conference to be held in Milan, on 16–18 May 2022.

In this issue, we kick off with a FIDIC Around the World update from Australia, in which Clive Luck provides his insights on the FIDIC forms and their use in Australia.

For our country updates, Javier González Guimaraes-da Silva considers a recent judgment of the Spanish Supreme Court on the liability of a signatory of the final work certificate. Aarta Alkarimi, Member, IBA Diversity and Inclusion Council, takes a look at the recent changes to Dubai’s legislation on arbitration centres, noting a recent decree from the Government of Dubai that the DIFC-LCIA Arbitration Centre and the Emirates Maritime Arbitration Centre be merged with the Dubai International Arbitration Centre.

Moving to our feature articles, Nick Thomas, Lina Fischer and Jason Hooper look at how Australia’s infrastructure sector can ensure that assets are resilient during the current infrastructure boom. Katrina van Houtte and Ariana Stuart provide their insights into the best contracting model to deliver renewable energy projects in New Zealand. Eoin Moynihan considers procedural creativity in international construction arbitration and provides a comparative analysis of institutional innovations in the United States, Singapore and France. Lastly, we welcome a contribution from Ezra Jampole, Samuel Amoroso, Troy Morgan and Brian McDonald concerning themes in design/build disputes, from the perspective of a technical expert witness.

We thank our contributors for their insightful articles and we hope you will enjoy reading this edition.

From our diversity and inclusion series, FIDIC around the world, or country updates and 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
Chair of Editorial Board, IBA International Construction Projects Committee
Corrs Chambers Westgarth, Sydney

China Irwin
Committee Editor, IBA International Construction Projects Committee
LALIVE, Geneva

Thayananthan Baskaran
Deputy Committee Editor, IBA International Construction Projects Committee
Basakran, Kuala Lumpur