The Elephant Test is a very important legal test, or, if it isn’t it should be. It goes like this; I can’t describe an elephant, but I know one if I see one. It is much easier than a written description. All you need is a picture or a visit to the zoo.
Articles
Articles in the 2018/March Newsletter
Displaying 4 itemsThe year 2017 saw the release of new editions of the FIDIC and NEC forms of contract. When the NEC announced at the beginning of March 2017 that they were releasing the new NEC4, they outlined the three core drafting principles. The underlying philosophy behind the FIDIC update was similar.
When I first got involved in adjudication, way back in 1998, I was aware of at least 20 organisations that claimed to perform the role of Adjudicator Nominating Body (ANB). Some of those ANBs have fallen by the wayside and no longer offer nomination services. Today, most parties seeking independent nominations of adjudicators apply to only a handful of ANBs.