Winter issue 2014

In this, the last issue of 2014, we look at one of the most talked about cases in 2014, Eurocom Ltd v. Siemens Plc, dealing with a previously unseen challenge to an adjudicator’s decision based upon defects in the nomination process caused by a practice whereby referring parties will seek to influence the adjudicator nominating body by ‘inventing’ conflicts of interest. The ‘fall out’ from this case is significant, and is likely to lead to changes in the way that nominating bodies now nominate adjudicators. We take a close look at the concept of certification under PFI contracts – which has not ordinarily been considered to be different from orthodox construction contracts, but a recent High Court case has made it clear that an independent certifier is actually restricted to the procedure set out in the contract and limited by what the contract actually requires as ‘pre-conditions’ to completion. In terms of issues that arise in international contracts, we report on a case that looked at the unamended FID...