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12 January 2024 / Asli Yilmaz
Issue: 8054 / Categories: Features , Procedure & practice
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ADR Construction tools

152797
Asli Yilmaz suggests strategies for maximising client outcomes in construction disputes
  • Reports on dispute resolution and prevention strategies highlighted at the 2023 ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution in Paris.
  • Covers dispute boards, standing dispute boards, complex multi-party and multi-contract claims, prolongation costs, interim measures, emergency relief and EPPs.

On 12-13 October 2023, the International Chamber of Commerce (ICC) and the International Federation of Consulting Engineers (FIDIC) held their annual ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution in Paris. This gathering of the world’s leading construction practitioners highlighted the well-known fact that construction disputes represent a significant part of international arbitration cases, yet the lawyers involved may not always be familiar with the strategies available to them to secure more efficient and favourable outcomes for their clients. The following are such under-utilised strategies.

Effective use of dispute boards

In the dynamic realm of construction disputes, it is crucial to consider early dispute prevention. The strategic implementation of dispute boards is a recognised and effective method in getting

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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