Construction Law International - November 2019

Tuesday 9 November 2021

Construction Law International is the magazine of the IBA International Construction Projects Committee.

Launched in March 2006 and published quarterly, Construction Law International is a thought-provoking magazine with a balance of substantive and practical articles and news that anyone involved in the international construction industry will wish to receive.

In addition to feature articles, each issue includes latest updates from around the world, case updates and regular columns from experts across the globe. Construction Law International is sent to all members of the International Construction Projects Committee as part of their membership package. Back issues are available online.

If you would like to write for Construction Law International, please contact clint.submissions@int-bar.org. Download Guidelines for submission of articles and news items here. Download the IBA In-House Style Guide here.

Members can download the full PDF issue here.

FEATURE ARTICLES

The Swiss Federal Supreme Court stays arbitration proceedings because the parties skipped mandatory pre-arbitral steps
Juliette Asso and Angela Casey report on the landmark decision on the consequences for arbitration proceedings seated in Switzerland if the parties have skipped mandatory pre-arbitral steps.

Nature and articulated effects of the decisions of dispute adjudication boards

Dimitris Mauro Rubino-Sammartano considers various dispute resolution processes in other jurisdictions in light of the relevant provisions in the FIDIC General Conditions.

Australia: quantum meruit and building contracts clarified
Sam Luttrell, Sean Marriott and Matthew Di Marco argue that based on a recent decision of the Victorian Court of Appeal, subsequently overturned by the Hight Court, Principals and lead Contractors entering into subcontracts should consider the inclusion of either (or both) ‘termination for convenience’ provisions in their contracts or specifying English law as the governing law of their agreements.


	IFRS 15 and its legal implications for Nigerian construction companies Foluke Akinmoladun highlights how the International Financial Reporting Standards No 15 may affect the way in which Nigerian construction companies recognise revenue and possible ways to address the change.

	Corruption in Quebec’s construction industry: cleaning the augean stable Sharon Vogel and Emira Bouhafna provide a brief overview of Canada’s legislative regime in respect of bribery and corruption, summarise some of the key findings of the Charbonneau Commission and analyse the legislation introduced to date to implement the Charbonneau Commission’s recommendations.

	Building diversity: the value of inclusivity in the construction industry Andrea Lee and Kaleigh Duvernet argue that companies need to continue developing and implementing initiatives to attract and retain a diverse workforce or fall behind in economic growth. They discuss initiatives to enable progression in this area, such as diversifying management, working with external organisations committed to fostering diversity, mentoring and addressing pay gap issues.

REGULARS

FROM THE EDITORS

FROM THE CO-CHAIRS

FIDIC AROUND THE WORLD

Chile

Russia

FIDIC COMMENTARIES

FIDIC 2017: a gap in the fully detailed claim procedure?

Claims procedure and dispute resolution under the revised FIDIC Conditions

Provisions of Unforeseeable Physical Conditions under FIDIC (CONS) and under Egyptian civil law: a comparative analysis

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