When Silence is Just as Loud: The Perils of Missing the Notice of Dissatisfaction

This article examines recent Indian jurisprudence regarding the mandatory nature of Nature of Dissatisfaction (“NoD”) timelines under the International Federation of Consulting Engineers (“FIDIC Contracts”) and similar contracts and reflects on how this has evolved into a threshold issue that must be addressed before any arbitral tribunal can be engaged. The authors will also discuss the possibility of invocation of the Atlantic Shipping clause as a defence in such Indian cases. The piece will end establishing that jurisprudence on the mandatory nature of NoD is well-settled so far in India. The authors will refer to the FIDIC Yellow Book, 1999 edition, primarily because most disputes currently in the Indian legal system still follow the 1999 edition rather than the 2017 edition.