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CONCURRENT ANALYSIS OF CONCURRENT DELAY: THE APPROACH IN ENGLAND, THE UAE, GERMANY AND BRAZIL

International Construction Law Review

CONCURRENT ANALYSIS OF CONCURRENT DELAY: THE APPROACH IN ENGLAND, THE UAE, GERMANY AND BRAZIL RAID ABU-MANNEH Partner in the Construction & Engineer group and Global Co-Head of the International Arbitration group of Mayer Brown International LLP, London (rabu-manneh@mayerbrown.com) ULRICH HELM Partner in the Construction & Engineering group and Head of Disputes practice in Germany of Mayer Brown International LLP, Frankfurt (uhelm@mayerbrown.com) JONATHAN STONE Partner in the Construction & Engineering and International Arbitration practices of Mayer Brown International LLP, London (jstone@mayerbrown.com) MARCELO RICHTER Global International Arbitration Legal Assistant of Mayer Brown International LLP, London (m.richter@mayerbrown.com) 1. ABSTRACT 1 Concurrent delay is not an easy subject, let alone considering how it is applied and considered in different jurisdictions. It has proven to be a challenge for those who have to prove it, or argue against it, and for the courts and worldwide tribunals who have to decide if a claim should succeed. The 2017 FIDIC Books offer a DIY approach, and it is certainly advisable to cater for it expressly in contracts. But how do other standard forms of contracts and different jurisdictions deal with this tricky issue? The article looks at how concurrent delay is considered in England, the UAE, Germany and Brazil. 1 The opinions and views expressed in this article do not reflect in any way those of Mayer Brown International LLP and are not intended to convey legal advice on any general principles of law. Pt 2] Concurrent Analysis of Concurrent Delay 107

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