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The Chartered Institute of Arbitrators (CIArb) is a not-for-profit, UK registered charity working in the public interest through an international network of branches. It has a global membership of around 12,500 individuals who have professional training or experience in alternative dispute resolution (ADR).

In this issue, we take a look at two cases considering security of payment legislation. One illustrates how the legislation can unexpectedly apply and the other highlights what contractors and principals need to be wary of when faced with an adjudication.

THE ENFORCEABILITY OF DISPUTE BOARD DECISIONS. Many standard form international contracts – specifically, the FIDIC suite of contracts, NEC3 and ICE Contracts – each contemplate the resolution of disputes through submissions made to a Dispute Board.

commercial arbitration in Australia, and, in particular, a recent case illustrating how the courts are applying the provisions of the domestic arbitration regime which have been designed to remove the discretion of the courts

whether a decision in Queensland that security of payment legislation does not apply to construction work on mining leases will also apply in Western Australia;

Under a contract which was based upon the FIDIC Conditions of Contract for Construction (1st Edition, 1999) ("1999

FIDIC, as is well known, is currently finalising a new revised and updated version of the Yellow Book. As Jeremy Glover explains, in a taste of what is to come, on 1 April 2013 the FIDIC Contracts Committee issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (“DAB”) decisions.

During the performance of the contract, CRW had submitted thirteen “Variation Order Proposals” (“VOPs”) to PGN but the parties could not agree on their valuation. Accordingly, the parties referred their dispute to a single-person Dispute Adjudication Board (“DAB”) which, on

In India, the Indian Council of Arbitration established in 1965 is the apex arbitral organisation In most of the industrialised countries, central or national arbitral organisations have been established which provide facilities for arbitration of commercial disputes.