Chris Ennis and Dr Wolfgang Breyer
October 2013
A paper based on a talk given to the Society of Construction Law at a meeting in London on 5th February 2013
Some commentators suggest differences in the way arbitral tribunals (or indeed national courts) will treat claims for delay, disruption and costs arising according to whether there is a civil law or common law flavour or background to the tribunal. This joint paper examines some recent decisions in each tradition in an effort to ascertain whether and to what extent there may be material differences in approach or outcome. These are examined in the context of the comparatively reticent provisions of the FIDIC Red Book 1999 standard form relating to claims, whilst considering particular issues that may arise.
1. Introduction – 2. Recent arbitration decision from Turkey – 3. Claims for EOT and compensation under civil law: the situation under German law – 4. Claims for EOT and compensation under common law: the situation under English law –5. Claims for EOT and compensation under FIDIC Red Book – 6. Conclusions.
The authors: Christopher Ennis is a Chartered Quantity Surveyor and Director of Time | Quantum Expert Forensics Ltd, and practises as adjudicator, mediator, expert witness and arbitrator: chris@tqef.uk.com and Dr Wolfgang Breyer is a German and international lawyer with Breyer Rechtsanwälte; he is also Practice Director of the Masters postgraduate program ‘International Construction: Law and Practice’ at the University of Stuttgart, Germany: info@breyer-rechtsanwaelte.de.
Text 29 pages.