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International Construction Law at Large, June 2026

The team have had a busy year so far with highlights including: 

  • Following the success of our sold-out Autumn 2025 series, we teamed up with Cornerstone Seminars for an equally popular 8-week Spring series on FIDIC contracts.
  • In April we hosted an Internal Construction Arbitrators Association (ICAA) training course led by Professors Doug Jones AO and Janet Walker CM, which was very well attended and enjoyed by all.
  • Associate Anzélle Ford passed her ICTA (International Construction Tribunal Assistant) training and received her ICAA (International Construction Arbitrators Association) accreditation. Anzélle has also been appointed as the ICTA Representative for ICAA.
  • Our book FIDIC 2017: A Practical Legal Guide, co-authored by our expert team, is now available to buy in both hard copy (Wildy & Sons Ltd) and e-book (Amazon, Kobo or Apple) formats. 

Updated FIDIC Cases Table

We are pleased to present the latest update to our FIDIC Cases Table. This year, we introduce 13 new decisions from a wide range of jurisdictions, including Kenya, Seychelles, Malta, India, Singapore, South Africa, Trinidad & Tobago, and the UK Privy Council.

A notable highlight is the Privy Council’s decision in Uniform Building Contractors v The Water and Sewerage Authority of Trinidad and Tobago, which concerns the strict operation of Sub-Clause 20.1 as a condition precedent for the financial consequences of variations. Also of significance is the Singapore High Court’s judgment in DSR v DSQ, clarifying that compliance with FIDIC pre-arbitral procedures generally concerns admissibility rather than jurisdiction.

You can access our FIDIC Cases Table here

Retention in FIDIC contracts: Is it time for a rethink?

In March 2026, the UK Government announced plans to ban retention in construction contracts to tackle late payment and improve supply chain cashflow. While details remain subject to consultation and implementation, this is a useful prompt for FIDIC users on international projects to consider whether retention is needed or whether there are better ways to achieve the same purpose. You can read more here

Zeroing In: FIDIC’s Carbon Management Guide

FIDIC’s new Carbon Management Guide and accompanying guidance seek to embed sustainability into infrastructure contracts by introducing clear carbon management principles, emissions budgets, and monitoring requirements. The framework aims to translate climate commitments into measurable, enforceable outcomes, though it may increase complexity and administrative demands for project stakeholders. Read more here

Variations Claims Under FIDIC: No Notice, No Payment? Lessons from UBC v WASA [2026] UKPC 2

The Privy Council’s decision in Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2 has reignited debate on one of the most contentious issues in FIDIC contracts: whether entitlement to additional money for variations depends on strict compliance with the claims procedure in Sub-Clause 20.1. The decision will surprise many FIDIC users - learn more here

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Tags

dispute resolution, commercial dispute resolution, international construction