From the Editors – Construction Law International – December 2022

Dear readers,

We are pleased to introduce the December 2022 issue of Construction Law International.

In this issue, we continue CLInt’s series of diversity and inclusion questionnaires with a contribution from Hojung Jun, a senior associate in the Finance & Projects Group of Baker McKenzie, Singapore.

We also continue our ‘FIDIC Around the World’ series, with Sharon Vogel sharing her knowledge of the use of FIDIC contracts in Canada and Dr Götz-Sebastian Hök considering their use in Germany.

This issue also includes a look at recent cases and legislative development around the globe: Scott Stiegler, Rupert Coldwell and Rebecca Hilton examine the English Commercial Court’s 2022 decision in Union of India v Reliance Industries Limited; Nuanporn Wechsuwanarux, David Beckstead and Phalintip Ueprapeepun consider a proposed law in Thailand that would introduce a regime of statutory adjudication proceedings for payment disputes under construction contracts; Shona Frame discusses the United Kingdom’s Building Safety Act 2022, a very significant piece of legislation with wide-ranging implications for the construction industry; and Silvia Lazzeretti explains the Italian Court of Cassation’s Decision No 17244 of May 2022, in which the court equated lack of appearance to waiver of the arbitration clause.

Moving to our feature articles, Sarah-Jane Fick and Jon Gilbert examine risk in energy transition projects, Scott Stiegler and Yasmin Bailey consider the effect of inflation on construction projects and Wala Al-Daraji provides a study of performance bonds and risk transfer in South African and English case law.

Finally, Bill Godwin KC provides a review of FIDIC Contracts in Europe (Charrett, ed).

We thank our contributors for their efforts and hope this edition provides enjoyable and informative reading. As always, we encourage all International Construction Projects (ICP) members to share your experiences and insights by submitting your articles to CLInt.submissions@int-bar.org.

We also take the opportunity to extend our best wishes for the holiday season.

China Irwin
Committee Editor, IBA International Construction Projects Committee
LALIVE, Geneva
cirwin@lalive.law

Thayananthan Baskaran
Deputy Committee Editor, IBA International Construction Projects Committee
Baskaran, Kuala Lumpur
​​​​​​​thaya@baskaranlaw.com