There have now been four court judgments in Singapore relating to the enforceability of a Dispute Adjudication Board's ("DAB") decision under the FIDIC Red Book form of contract. The latest judgment is PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation, which was handed down on 27 May 2015. It now appears that the way should be clear for the contractor to enforce the DAB's decision but it has taken him nearly seven years to reach this point. What lessons can be drawn from this saga? In our ebulletin which can be accessed here, Mark Lloyd-Williams, Partner, Ann Levin, Partner, and David Nitek, Partner explore the details of the case and the salient take away points.
For more information, please contact the authors or your usual Herbert Smith Freehills contact.
Key contacts
Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Jojo Fan
Managing Partner, China Offices, Hong Kong
Rachael Shek
Partner, Hong Kong
Disclaimer
Herbert Smith Freehills Kramer LLP and Prolegis LLC have established a Formal Law Alliance licensed by the Legal Services Regulatory Authority of Singapore known as Herbert Smith Freehills Kramer Prolegis Alliance, with Singapore law advice provided by Prolegis LLC. The two firms cooperate closely in Singapore to deliver a complementary and seamless legal service.