The Disadvantages of Nonperforming Assets

Sources: www.chron.com By: Raul Avenir Nonperforming assets typically refer to loans that have problems getting paid on time or getting paid at all. It is a classification commonly used by financial institutions to designate loans that are unpaid for at least 90 days, have more than 90 days’ worth of interest delayed or refinanced or have […]

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International Quarterly – Issue 12, 2014

Published by: Fenwick Elliott Inside this issue: FIDIC Dispute Adjudication Boards (By Jeremy Glover) Of all the provisions to be found in the FIDIC form, those of clause 20 have attracted by far the most comment. One of the potential hurdles that need to be overcome with clause 20 is the appointment of the Dispute Adjudication Board or DAB […]

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FIDIC Issue Guidance on DAB Decisions

The FIDIC Contracts Committee has issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions. The purpose of the Guidance Note is to clarify clause 20 of the General Conditions in the 1999 Conditions of Contract. Clause 20 deals with claims, disputes of the DAB […]

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Termination by the Employer Under the Red and Yellow Books

FIDIC: Termination by the Employer under the Red and Yellow Books by Rebecca Saunders This note considers termination by the Employer under the 1999 FIDIC Red and Yellow Books (the termination provisions of both forms of contract are identical). Termination by the Employer must be distinguished from termination by the Contractor; the rights and obligations of a terminating Contractor differ […]

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A DAB Decision between the Notice of Dissatisfaction and the Enforcement in ICC Arbitration

By Oana Soimulescu A lot has been said about the issue of enforcement of DAB Decisions that have not become final and binding under the FIDIC 1999 suite of contracts. In debating the issue certain commentators referred Sub-Clause 20.7 [Failure to Comply with Dispute Adjudication Board’s Decision], which they said, offered support to the idea that a binding but not […]

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A Comparative Analysis of the Claim & Dispute Resolution Provisions of FIDIC’s 1999 Major Forms of Contract Against its Earlier Forms

by Nael G. Bunni, BSc, MSc, PhD, CEng, FICE, FIEI, FIStructE, FCIArb, FIAE, MConsEI. Chartered Engineer, Conciliator & Registered Chartered Arbitrator Visiting Professor in Construction Law & Contract Administration at Trinity College Dublin. 1 . Introduction 1.1 – The construction contract is unique in that it seeks to provide for a specific remedy in the […]

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