An invaluable resource for any professional involved with FIDIC contracts, is case law. Our FIDIC expert team has compiled a table of FIDIC related case law, which includes short case summaries and handy links to cases and publicly available arbitration awards from around the world. This resource, known as the table of FIDIC cases has, over the years, been widely used by practitioners globally.
The table has recently been updated and can be found here, as well as on FIDIC's website.
The latest update includes the 2023 DIFC Court of Appeal judgment of Panther Real Estate Development LLC and Modern Executive Systems Contracting LLC, which revisited the frequently cited interpretation of Mr Justice Akenhead of when the clock starts to run for the purposes of Sub-Clause 20.1 notices. Victoria Tyson has shared her insightful views on this judgment in her recent article, a must read if you are advising on or dealing with this issue.
Another interesting case is a 2022 judgment from my home country, South Africa. In this case the High Court looked at the 2008 FIDIC Gold Book requirements for suspension of works for non-payment of funds already certified.
Your views on any of the cases or awards listed, and also, details of any FIDIC cases and/or arbitral awards that have yet to be included in this table, would be warmly received by our team.
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