Contracts

The use of Dispute Boards (DBs) as a variant of the conventional alternative dispute resolution mechanisms of mediation and arbitration is increasing in prevalence in Latin America. This is in response to the criticism that arbitration has adopted the selfsame qualities of judicial disputes that it was created to avoid, becoming very cost- and time-inefficient.

FIDIC Sub-Clause 3.5 [Determinations] Explained : FIDIC forms of contract, which had gone through several evolutions since they first appeared in 1957, were to change radically towards the end of the 20^th Century.

Dispute Adjudication Boards - a preferred mechanism for tunnelling projects ? Tunnelling projects typically go hand-in-hand with uncertainty, as even with a thorough investigation the exact geological conditions are unpredictable and during construction the design has to be adjusted to the actual ground conditions.

The consulting engineering industry has become increasingly global in its nature and in the way it does business.  Best practices and international standards play an increasing role in that business, whether firms operate nationally, or internationally.

 " A contractual standard specifically for the tunnelling industry is fast emerging on the horizon – the New FIDIC ‘Emerald’ Book. Ulrich Helm, Partner, and Fabian Bonke, an Associate, of the international law firm Hogan Lovells International LLP explain : THERE CAN BE NO DOUBT that subsurface construction projects require specialist contractual frameworks.