Back-to-back clauses are a common feature of large international construction projects, particularly in the infrastructure and energy sectors, where works are delivered through multi-tiered subcontracting structures. In such arrangements, employers and subcontractors have no direct contractual relationship, a separation commonly referred to as the principle of privity of contract.[1] As a result, this contractual structure […]
Liquidated Damages and Penalty Clauses in International Arbitration
In international contracts, parties seek above all predictability and effective control of risk. One of the most powerful contractual mechanisms to achieve both objectives is to include a pre-agreed damages clause, commonly referred to as a liquidated damages or penalty clause. Such provisions fix in advance the sum payable where a party fails to perform […]
International Arbitration in Qatar
Arbitration in Qatar has undergone substantial modernisation in recent years, helping to establish the country as a leading regional centre for commercial dispute resolution. This note explores the following aspects of Qatari arbitration: (1) its modern legal framework; (2) the main arbitration institutions based in Qatar; (3) recent arbitration-related case law from the Qatari courts; […]
Delay Claims in International Arbitration
Delay claims are among the most common and contentious issues in international construction arbitration. Whether the project involves an industrial facility, a power plant, an infrastructure network, a data centre, or a residential complex, the reality is familiar to anyone in the industry: projects often take longer than expected.[1] When delays have significant financial consequences, […]
UNCITRAL Arbitration Costs
The United Nations Commission on International Trade Law (“UNCITRAL”) is the central body within the United Nations system responsible for modernising and harmonising international trade law.[1] Although widely used in investment and commercial disputes, it is not an arbitral institution.[2] Instead, parties use the UNCITRAL Arbitration Rules in ad hoc arbitration proceedings or in proceedings […]