International Construction Law at Large, December 2025

Updated FIDIC Cases Table

We are excited to launch the latest version of our FIDIC Cases Table. We introduce 32 new cases from around the world this year, including Dubai, India, Kenya, Mauritius, Namibia, Russia, South Africa, Tanzania, Trinidad & Tobago, Uganda, and Vietnam. A notable highlight features a long-awaited Court of Appeal judgment in a Russo-Vietnamese power plant dispute, after two years and over 16 post-award decisions. Other noteworthy cases include a Kenyan court affirming that Dispute Board jurisdiction survives termination of the underlying construction contract, a series of Russian cases examining and defining the start of limitation periods for late payments, and a second decision by the Singapore High Court to set aside an arbitration award due to 'copy and pasting' – we reported on the first in our previous newsletter. 

You can access our FIDIC Cases Table here. 

Navigating Design Risk Under FIDIC Contracts

The allocation of design risk is an important consideration for parties to construction contracts. Misunderstanding or misallocation of design risk can lead to significant time and cost overruns and ultimately to expensive disputes. In this article Jo Clarke explores how design risk is allocated under the FIDIC forms of contract and suggests practical strategies by which parties may mitigate design risk. You can read more here. 

Developments in Collaborative Contracting

The construction market is increasingly seeking out new ways to collaborate, to enable the participants to increase value and quality across projects. There are a variety of contract options designed to meet the needs of the contracting parties and FIDIC are developing their own form of collaborative contract which is due to be released in 2026. Read more from James Reader here. 

Cross-Border Collaboration on Construction Disputes in India 

Shreya Upreti discusses how India is cautiously opening its doors to global expertise. The Bar Council of India has announced amendments that allow foreign lawyers and law firms to practice in India within the prescribed scope. These changes have significant implications for international arbitration in the construction sector, where disputes often involve complex contracts and parties from different jurisdictions - learn more here. 

The Prevention Principle and Notice Provisions in FIDIC Contracts

Victoria Tyson explores the tension between the common law prevention principle and contractual notice provisions in FIDIC standard forms. While the prevention principle traditionally bars employers from enforcing obligations where their own actions cause delay, modern contracts require strict compliance with notice and conditions precedent for extension of time claims. Read the full article here. 

Spring FIDIC Contracts Seminar Series 

Howard Kennedy's International Construction team are getting together with Cornerstone Seminars to put on a series of 8 weekly online seminars. Starting on Thursday 12 February, this course will cover:

• The fair and neutral engineer
• Design responsibilities
• Delay claims
• Claim for money
• FIDIC 1999 and 2017/2022

Speakers will include Victoria Tyson, Jo Clarke, Gabriel Mulero Clas, James Reader and Edward Corbett. Each 90-minute session will include a talk, an interactive workshop and lots of time for Q&A and discussion.

Contact the team to learn more. 

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