Shining a light on solar power disputes

Completion delays are a common source of disputes for power projects; however, solar power projects can present important nuances: They sometimes adopt procurement methods less common on other types of power projects and may not be constructed on a ‘single point EPC’ basis. If the project owner takes on the responsibility of delivering part of … Read more

Restraining bond calls: Singapore Court shows reluctance

Under Singapore law, contractors can seek to restrain calls on on-demand bonds based on “unconscionability”. This is where the call is said to be made in bad faith or involves abusive, unfair or dishonest conduct. Unconscionability is a broader and less stringent standard than the traditional ground of fraud which is applied under English law. … Read more

Constructing Renewables: 2023 Highlights and Lookahead

2023 has been another challenging year for the renewable energy sector, with the construction of renewable energy projects continuing to be impacted by macroeconomic issues including inflation, market disruption, and supply chain constraints. In this post, we look at the key contracting and procurement trends to emerge from 2023, as well as some notable developments … Read more

When “amicable settlement” clauses in FIDIC contracts fail

Construction contracts often provide for settlement discussions to occur before an arbitration is commenced. However, this type of ‘multi-tier’ dispute resolution clause can lead to disputes over whether or not the occurrence of settlement discussions is a compulsory requirement before arbitration can be validly commenced. The recent decision of the Singapore International Commercial Court (SICC) … Read more

General Assembly of the Dubai Court of Cassation has provided needed clarity regarding the validity of arbitration agreements

The General Assembly of the Dubai Court of Cassation has recently issued a judgment in its Decision No. 10 of 2023 (the “2023 Decision“), in which it considered the legal principles regarding the validity of arbitration agreements. The General Assembly has directed that the principle established by the Dubai Court of Cassation in Contestation No. … Read more

Construction arbitration and turnkey projects

In the complex world of construction, ‘turnkey’ projects are those where the contractor assumes the lion’s share of responsibility, from design and engineering to procurement and construction. Read the latest article by James Doe, David Nitek, and Noe Minamikata, which provides a deep dive into the intricacies of construction arbitration within the context of turnkey … Read more