In the Winter 2008 issue...

Focus on Construction Arbitration

By Christopher Seppälä, Elizabeth Lefebvre-Gross, Nicolas Bouchardie, Gaëlle Goudet, Marily Paralika (Paris), Frank Panopoulos, Epaminontas E. Triantafilou (Washington, DC) Anthony Lavers (London)

Focus on Construction Arbitration
In this issue, we focus on Construction Arbitration, a core area of White & Case's International Arbitration Practice.

• Introduction: Focus on Construction Arbitration
  Whether you are new to this area of arbitration or wish to catch up on developments in the field, click here for an overview of all things construction arbitration Winter 2008. ... Full Article
  
  
• FIDIC to Issue New Design, Build and Operate Form of Contract
  The new 2008 Conditions of Contract for Design, Build and Operate Projects has been circulated for comment and in its current form, will be suitable for projects awarded to a single contractor and which combine design, construction, and long-term operation and maintenance of a facility. ... Full Article
  
  
• Physical Inspections, When Planned and Conducted Properly, Can Prove Beneficial in International Construction Arbitration
  To get to the crux of a dispute, parties and tribunals may opt to conduct on-site structure inspections, but there are several key considerations in doing so. ... Full Article
  
  
• Radical Adverse Change in Circumstance: Can a Contractor Obtain Compensation when a Construction Contract Contains No Price Escalation Clause?
  Even when a contract does not contain a price escalation clause, contractors may be able to invoke certain civil law remedies to obtain an adjustment to the contract price, despite a lack of common law solutions. ... Full Article
  
  
• Defects in Construction and the Temporary Disconformity Principle
  The principle of 'temporary disconformity' is capable, in certain circumstances, of balancing an owner's need for a remedy without waiting for completion of a project, with a contractor's right to complete and correct work without being liable for pre-completion remedies. ... Full Article
  
  
• The Eurotunnel Decision: France and the UK Held Liable
  In a longstanding dispute over the operation of the Channel Tunnel, an arbitral tribunal has held both France and the United Kingdom liable for damages to the tunnel's operators - representing the first time public funds have been paid for the project. ... Full Article
  
  
• PPP Law Brings Positive Change to Public, Private Sectors in Greece
  A 2005 Greek law paved the way for simplified structuring and implementation of public-private partnerships and it has since proven to stimulate sustained growth of these partnerships in the public sector. ... Full Article

Regular Features

Client Alerts: Recent Developments in International Arbitration

• UNCITRAL Arbitration Rules: Progress of the Working Group
  By Alexander Lütgendorf (London)
  The process of updating the UNCITRAL Rules continues with substantial progress being made at the last Working Group meeting in Vienna. ... Full Article
  
  
• ICSID: Prospects for Canadian Investors and Foreign Investors in Canada
  By Pierre Olivier-Savoie (New York)
  Canada has moved further towards final ratification of the ICSID Convention and looks set to join the 143 other members of the World Bank's investment dispute mechanism. ... Full Article
  
  
• The Role of Arbitration in EU Merger Control
  By Luisa Cetina (New York)
  The competition regulator in Europe has published a draft Notice indicating arbitration will play an increasingly important role in ensuring competition in the European marketplace. ... Full Article
  
  
• English Courts Strongly Back Arbitration: The Fiona Trust Case
  By Alexander Lütgendorf (London)
  A recent decision by the House of Lords is strongly supportive of arbitration and signals a fresh start by looking to the commercial purpose of arbitration clauses. ... Full Article
  

Practice Tips

• Tips for Making "Sealed Offers" in International Arbitration to Cap Liability for Costs
  By Poupak Anjomshoaa (London)
  The "sealed offer" provides a mechanism for capping potential cost awards in international arbitration. ... FULL ARTICLE

What Our Practitioners Are Saying

• Kim Rooney (Hong Kong): "Some argue that umbrella clauses cause investment protection treaties to intrude into the private commercial dealings of sovereign States, an area for which they were not designed, while others argue that investment treaties should regulate States in their private commercial dealings as a State's behavior in private commercial transactions may affect its attractiveness to foreign investors."... FULL SUMMARY

Please forward comments or questions to idq@whitecase.com.

Editors:

Sophie East
Associate
1 212 819 2536
seast@whitecase.com

Rafael E. Llano Oddone
Associate
1 212 819 8538
rllano@whitecase.com

The White & Case International Disputes Quarterly is prepared for the general information of our clients and other interested persons. It should not be acted upon in any specific situation without appropriate legal advice.

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