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FIDIC 2017: A definitive guide to claims and disputes

Author(s): Nicholas Alexander Brown

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Publication date: 15 November 2021
Digital version: Buy this eBook
FIDIC 2017: A definitive guide to claims and disputes is a practical legal guide for managing the procedures for claims and disputes within the 2017 FIDIC suite of contracts. It is the first book to present a comprehensive treatment of the multi-tiered dispute avoidance and resolution process within the 2017 FIDIC suite of contracts. Focused prima

FIDIC 2017: A definitive guide to claims and disputes is a practical legal guide for managing the procedures for claims and disputes within the 2017 FIDIC suite of contracts. It is the first book to present a comprehensive treatment of the multi-tiered dispute avoidance and resolution process within the 2017 FIDIC suite of contracts. Focused primarily on the 2017 Red, Yellow and Silver Forms, the book offers a step-by-step explanation of each stage of the process, with numerous flowcharts and diagrams to aid the understanding of more complex topic areas. Coverage in the book includes:

  • the distinct functions and powers of the Dispute Adjudication/Avoidance Board (DAAB) to avoid disputes 
  • techniques to achieve amicable resolution of claims and disputes 
  • full coverage of typical court enforcement powers and FIDIC’s preferred arbitral procedure  
  • the operation of FIDIC contract provisions under a variety of civil, common law and mixed legal systems, drawing on court decisions and arbitral awards worldwide. 

FIDIC 2017: A definitive guide to claims and disputes is an essential companion for professional users of the FIDIC books including engineers, surveyors, architects, consultants, and contractors, and it will also be a useful reference for legal professionals including lawyers, adjudicators and chartered arbitrators in this area.

Book Reviews

In FIDIC 2017: A definitive guide to claims and disputes, Nicholas Brown has produced a magisterial discussion of the claims and dispute process under the FIDIC second editions of Contract. The quality and usefulness of this book is hard to overemphasise. Covering as it does the processes of claim, entitlement, Dispute Board determinations and enforcement, and arbitration under the ICC Arbitration Rules, it will serve as a handbook for owners, contractors, project administrators, lawyers and arbitrators, for which all will be grateful.
There is no doubt that it will be used as the “go to” reference work for those involved in, or considering the use of, the FIDIC suite of contracts.

Professor Doug Jones AO, Australia

Anyone considering making a Claim under FIDIC 2017 faces a difficult task of navigating a path to success. This book masterfully maps that path and provides a guide to the necessary steps in the multi-tiered process to be followed in establishing the Claim. It explains the difference between the provisions in the Red, Yellow and Silver forms and uses figures to explain some of the complexities involved in navigating the various processes.

Sir Vivian Ramsey QC FREng

FIDIC 2017: A Definitive Guide to Claims and Disputes is certainly a welcome addition to the existing texts on the FIDIC Second Edition. The book is brilliantly crafted with a clear objective – to provide a detailed and procedurally focused account of the FIDIC 2017 dispute avoidance and resolution process. Focused primarily on the FIDIC 2017 Red, Yellow and Silver Forms, the book offers a step-by-step explanation of the multi-tiered process concerning Claims and Disputes.

Thayananthan Baskaran and Clement Ling, Baskaran, Kuala Lumpur

Where Nicholas Brown’s FIDIC 2017: A Definitive Guide to Claims and Disputes stands apart from the field is in its detailed treatment of the provisions that deal with claims and disputes that may arise under [the FIDIC suite of contracts]. The book is peppered with flow-charts of how, for example, timelines work for certain kinds of claims or how various clauses interact. These are all illustrations of a very methodical approach that Nicholas Brown has taken to analyse the clauses and their implications in practice. To those who may be involved in such disputes, FIDIC 2017: A Definitive Guide to Claims and Disputes is a must-have addition for the bookshelf.

Shourav Lahiri, Barrister, Atkin Chambers, UK

Nicholas Brown’s stage-by-stage, step-by-step approach delivers very practical guidance that project team members will find invaluable. Indeed, the guide is so full of case law examples and other useful references, and in explaining what FIDIC intends, that it will cover most of the circumstances that practitioners on-site will be faced with.

Dr Tony Farrow, Ankura Consulting, UK

The author has brilliantly brought out the wide and in-depth application and implications of the FIDIC 2017 claims and dispute resolution provisions. These provisions are explained in detail in each step, from the root cause of the claim until it is resolved. The author has aptly corelated the past case histories to the relevant provisions which gives the reader a crystal-clear understanding. Well-structured and the substance flows without any disconnect.  This guide is a must for every practicing Contract / Claim management professional, Adjudicator, Arbitrator and Techno-Legal expert.

Rajarathnam Karthikeyan and Venkatraman Mahadevan, ZEUS Project Consultants Private Limited, India and Sri Lanka

Nicholas Alexander Brown LL.B & LL.M, DipICArb, FCIArb, FSIA is a Partner at Pinsent Masons in Singapore, a qualified lawyer in Australia, England & Wales and Hong Kong and a panellist of several arbitral centres. Nicholas has over twenty-five years of dedicated experience in advising and representing project participants in the resolution of disputes arising on some of the world’s largest infrastructure projects in the energy, transportation and building sectors.  He sits as an arbitrator and dispute board member from time to time. 
Format: Hardback
ISBN: 9780727765314
Number of pages: 528
Product code: 9780727765314
Page size: 243 x 170mm
Publication status: Published
Publisher: ICE Publishing

Foreword - Sir Vivian Ramsey QC FREng
01. The Dispute Avoidance/Adjudication Board
02. The Sources of a Claim
03. The Formal Inception of a Claim
04. The Amicable Resolution of a Claim
05. The Implementation of an Agreed Claim
06. The Formal Determination of a Claim
07. The Implementation of a Determined Claim
08. The Concept of a Dispute
09. The Formal Inception of an Adjudication
10. The Interim Deciding of a Dispute
11. The Implementation of the DAAB’s Decision
12. The Amicable Settlement of a Dispute
13. The Final Deciding of a Dispute
14. The Implementation of Final Awards on Dispute
List of authorities
Online Appendices

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