Abstract

Contrary to widespread belief, a "binding" but not "final" decision of an Engineer under the FIDIC Conditions is enforceable by an arbitral award, in appropriate circumstances. This has been established for the first time by the interim award in ICC Case No. 10619 commented upon in this article. By analogy, a "binding" but not "final" decision of a FIDIC Dispute Adjudication Board should also be enforceable by an arbitral award in such circumstances. (There should be no issue that a "final and binding" decision of an Engineer or Dispute Adjudication Board is enforceable by an ...