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3 August 2026

Knowledge Hub > International Quarterly > Issue 43

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Fenwick Elliott LLP

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Fenwick Elliott is the UK’s largest specialist construction law firm. Since formation, they have always advised solely on construction matters. This makes them a true construction law specialist firm. Fenwick Elliott’s expertise includes procurement strategy; contract documentation and negotiation; risk management and dispute avoidance; project support; and decisive dispute resolution, including litigation, arbitration, mediation and adjudication.
This issue of International Quarterly explores the new ICC Arbitration Rules, jurisdictional and enforcement challenges in disputes involving Russian entities, the FIDIC Gold Book’s whole-life contracting model, state immunity and the enforcement of ICSID awards, the risks of third-party funded arbitration and recent guidance on referring disputes to ad hoc DABs under FIDIC contracts.
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In this issue

Introducing the new International Chamber of Commerce 2026 Arbitration Rules

Sam Thyne provides an overview of the new ICC Arbitration Rules, and covers many of the key changes which together aim to make ICC arbitration faster and therefore more cost-efficient.

Jurisdiction and enforcement: challenges in disputes with parties based in the Russian Federation

Nicholas Gould and Alex Atherton examine the growing jurisdictional and enforcement challenges facing parties in disputes with Russian entities. Focusing on recent decisions from the Russian Supreme Court and the English courts, they consider the practical implications for dispute resolution and enforcement and highlight how parties can mitigate risks when contracting with parties based in the Russian Federation.

The FIDIC Gold Book: a whole life contract?

Mark Pantry explores FIDIC’s Gold Book and its distinctive approach to integrating design, construction, operation and maintenance within a single contractual framework. He examines how the Gold Book allocates long-term risk, the practical challenges of pricing and managing operational obligations over extended periods and why, despite its focus on whole-life asset performance, it has seen only limited adoption compared with the other standard FIDIC forms.e>

State immunity and enforcement of ICSID arbitration awards

Sana Mahmud examines a UK Supreme Court decision confirming that states party to the ICSID Convention cannot rely on adjudicative immunity to resist the recognition of arbitral awards in the UK.

DTH v DTF: an example of the potential issues with third-party funded arbitrations

Jonathan Clarke and Jake Marouane consider a Singapore case highlighting the risks of third-party funding, where substantial funding costs were held to be irrecoverable despite the claimants’ success.

Referring disputes to an ad hoc DAB under the FIDIC form

Jeremy Glover reviews a recent Singapore case which considers the consequences of an ad hoc DAB declining to hear disputes referred under a FIDIC contract. The case provides useful guidance on when parties may proceed directly to arbitration.

International Quarterly is produced quartely by Fenwick Elliott LLP, the leading specialist construction law firm in the UK, working with clients in the building, engineering and energy sectors throughout the world.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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