VII. Things Look Clear, But…: Case Study #5-The Elusive Tree-Cutting Permits
This case relates to a contract for the civil works as part of a fast-tram project…
The contract included the excavation for and construction of a box tunnel in a green…
However, things become more complicated: under local environmental regulations, only…
This would not have been a problem, except that, in the event, the applications for…
The issue was thus: who bears the risks of the municipality’s / the employer’s mismanagement…
In Mr Yamantürk’s survey, the answer was unanimous: 11 out of 11 professionals replied…
So far, so good. And this is precisely what the contractor argued in the ensuing…
However, the arbitral tribunal found otherwise: it mechanically applied the contract…
This case study shows that, no matter how clear certain situations may appear, there…
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