As a thought leader in our space, we are pleased to share a recap of our most popular articles for quarter three, 2023. Our experts cover topics from a deep-dive into unforeseeable ground conditions, to how to be more attractive (to your clients, of course!).

Below you will find links to our top five articles, as well as the authors’ details. Please feel free to reach out to any of our authors to discuss any of the topics covered in their work.

5. Enforceability of multi-tiered dispute resolutions clauses revisited in the court of appeal

“Difficulties may arise […] where the parties do not take sufficient care in drafting bespoke clauses. This can lead to a provision that is found to be unenforceable and, ultimately, having the opposite effect of what might have been subjectively intended by increasing the time and cost incurred in resolving a dispute.”

4. How to be more attractive (to suppliers)

This article is republished with permission from the Chartered Institute of Procurement and Supply – Supply Management.

“All business leaders want their organisation to be well-positioned in the market and known as a ‘client of choice’ or good to do business with. Because if you are considered a good client or customer, suppliers are more likely to value working with you, tender competitively with the best prices and resources, and commit to delivering on desired outcomes.”

3. India-CRUX Construction Dispute Causation Series Part V: Late Approvals

This article is co-authored in collaboration with Payel Chatterjee, Aman Singhania, and Shuchita Choudhry of Trilegal.

“This Part V of the ten-part series focuses on ‘Late Approvals’ as HKA’s CRUX Report identifies this to be a main cause of claims and disputes on projects and covers potential triggers for Late Approvals, guidance on how to manage these challenges and legal stance/position under Indian law.”

2. A clear view – how ‘skylines’ show the domino effects of delay

“Having used this approach in a recent arbitration where the client achieved an award in its favour, I found the simplicity of the skyline presentation was well received by the tribunal. The large Gantt charts produced by modern software can be just too difficult to understand in some situations, and off-putting to tribunals.”

1. Unforeseeable Ground Conditions in Construction Claims

“Whether the actual ground conditions found at the site constitute something different from what should have been foreseen (i.e., foreseeable) can be a simple question of fact, but more often is open to interpretation and therefore can be fertile grounds for dispute between the parties. “