Firm foundations year in review_19-01-16_FB

Key trends in global infrastructure dispute resolution

The impact of experts By the time a major dispute arises, most of the key drivers to the outcome of the dispute have been set in stone. The contract has been agreed, the location and jurisdiction of the project have been determined and the key events impacting on the dispute have occurred. Of the matters that are left to be influenced or controlled, the most important is the selection of experts to assist the preparation and presentation

of the case. A lack of availability of qualified experts is a key stumbling block when going through a dispute in most regions – both in finding someone who is suitably qualified and then securing their services . Whether you need a process engineer or a delay analyst, there is inevitably a select club of the world’s best experts. Choosing the wrong one (or being too late to choose the best candidate) can have major impacts on your prospects of success.

Payment terms - the hot issue

Under which forms of construction contracts do disputes arise?

In an industry where payment can be the difference between completion of a project and possible insolvency, payment terms are key and continue to be a major source of disputes . Jurisdictions are responding to this trend in order to resolve payment disputes quickly. For example, the Qatar Financial Centre is considering implementation of ‘Q Construct’ (an adjudication type regime); likewise, in Hong Kong there is draft legislation for the proposed adoption of statutory adjudication.

FIDIC

Regional standard form Australia North America

Asia Pacific Europe Middle East Africa

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