Posts from Fenwick Elliott LLP

FIDIC: the adoption of Silver Book principles in CEE countries

An Employer may be torn between using the FIDIC Yellow Book and FIDIC Silver Book. The Yellow Book, a design-build contract, may give greater flexibility and a lower tender price. The Silver Book, an EPC or turnkey contract, should provide greater cost certainty and risk transfer. That tension may lead to an Employer trying to get the best … Continue reading FIDIC: the adoption of Silver Book principles in CEE countries

The ICC response to arbitration trends: construction and engineering disputes

Last week I looked at some current trends in ICC arbitration. I highlighted some of the parties’ concerns, in particular the time and expense of pursuing arbitration. This week, my focus is on the International Chamber of Commerce’s (ICC) response: in particular, its new arbitration rules (the 2012 ICC Rules).

Trends in ICC arbitration: construction and engineering disputes

Most European international contractors will no doubt have noticed a significant increase in the number of arbitrations that they have had to commence or defend over the past ten years. In fact, over that period, the workload of the Court of the International Chamber of Commerce (ICC) has grown by at least 40%.