2013 was also an exciting year for legal developments. We have further case law on the age-old topics of termination clauses, caps on liability and exclusion clauses, which continue to provide fertile grounds for dispute. We have further scrutiny of calls on performance securities and the continuing trend of softening the traditionally robust practice taken by English law in relation to on-demand bonds. We have consideration of the interlinked issues of waiver, estoppel and representation clauses and 'entire agreement' clauses, and some further judicial thought given to the 'temporary disconformity principle. We also have some consideration of dispute resolution clauses and the operation of Dispute Adjudication Board provisions under FIDIC contracts.
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