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  • Article

    Dallah: The Differing Policy For Enforcement Of An Arbitration Award In England And France

    The reported judgments relating to the Dallah arbitration award have created international interest in the field of commercial arbitration.
    GlobalReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Saudi Board Of Grievances

    The Saudi Board of Grievances (the "Grievance Board"), known in Arabic as Diwan Al Mazalem, was established pursuant to Royal Decree No. M/51, 17 Rajab 1402 [10 May 1982] (the "1982 Decree") as an independent administrative judicial committee responsible directly to the King of Saudi Arabia.
    Saudi ArabiaReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Termination For Construction Contracts: UAE Perspective

    A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract.
    United Arab EmiratesReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Power Projects Sanayi Insaat Ticaret Ltd Sirketi v Star Assurance Company Ltd (Rev1)

    In PP v Glotec Engineering Ltd [2024], the court ruled that an on-demand performance bond could not be contested based on disputes between Glotec and PP, as the bond's obligation was independent of the subcontract. Star's defence was insufficient to show fraud, and the demand was upheld...
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Developing Right To Terminate For Convenience Under FIDIC

    A termination for convenience clause will give one party, usually the employer, the right to terminate an agreement at its discretion.
    United KingdomEmployment and HR
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    'Great British Energy' And The Challenges In Meeting Britain's Ambitious Renewable Energy Targets

    The UK's Labour government aims to transform the country into a clean energy leader by 2030, doubling onshore wind, tripling solar power, and quadrupling offshore wind. This ambitious target, supported by the new 'Great British Energy' initiative with £8.3 billion in funding, faces challenges such as high project costs, financing difficulties, and supply chain issues.
    United KingdomEnergy and Natural Resources
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Clegg Food Projects Ltd v Prestige Car Direct Properties Ltd

    Following practical completion, a dispute arose regarding the valuation of Clegg's application for payment 37. The disputed issues included the valuation of eight variations and Clegg's entitlement...
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    RNJM Ltd v Purpose Social Homes Ltd

    RNJM sought summary enforcement of an adjudicator's decision in the sum of £132k. Relying on the principle in the case of Eurocom v Siemens (Dispatch, Issue 174), Purpose said that RNJM had "deliberately or recklessly...
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Apparent Bias In Adjudication

    In the case of Lanes Group Plc v Galliford Try Infrastructure Ltd [2011] EWHC 1679 (TCC), Galliford Try Infrastructure Ltd ("GTI") engaged Lanes Group Plc ("Lanes") as its subcontractor to re-roof the Network Rail Traction Maintenance Depot in Inverness.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Collateral Attacks Under The Arbitration Act: Lessons Learnt From Deinon v. Reen

    With the Arbitration Act 2025 coming fully into force on 1 August 2025 (the "2025 Act"), this is an opportune moment to take a closer look at a recent arbitral decision...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Complacency Costs When it Comes to Anti-Bribery Legislation

    It may not be at the forefront of most parties' minds when tendering for and negotiating the contractual terms of a construction project, as the more immediate key commercial considerations such as price and allocation of risk etc.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Extensions Of Time: The Impact Of The April 2013 Amendments To The CPR

    The case of Venulum Property Investments Ltd v Space Architecture Ltd & Others [2013] EWHC 1242 (TCC), which came before Mr Justice Edwards-Stuart in May 2013, was one of the first cases in the Technology & Construction Court ("TCC") where the impact of the procedural changes to the Civil Procedural Rules ("CPR") introduced in April 20132 was considered.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Is A Breach Of Contract Material? Will Defects Or Breaches Of Contract Prevent Practical Completion?

    The Court of Appeal recently provided – for the first time in decades – a useful summary on practical completion in the context of construction contracts.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Is There A Remedy For Breaching The Dispute Resolution Provisions Of A Contract?

    The penalties for unreasonably refusing a genuine request to mediate during the course of Court proceedings are well known and as we explained in our article on the DGT v Cubitt case, if a contract has a mandatory adjudication provision, then Court proceedings can be stayed to enable the adjudication to take place.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Net Contribution Clauses: Are They Unreasonable And/Or Unfair?

    In the case of West & West v Ian Finlay & Associates (a firm), [2014] EWCA Civ 316, the Court of Appeal had to review the effect of a net contribution clause.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Part 36 Offers & The Court’s Discretion As To Costs (CPR 44.3)

    In the case of Phi Group Ltd v Robert West Consulting, [2012] EWCA Civ 588, the Court of Appeal considered the requirements of Part 36 offers and overturned a costs decision in the Technology & Construction Court (‘TCC’).
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd

    Pretoria was looking to develop several anaerobic digestion plants in eastern England and during 2013 approached Blankney regarding a derelict factory site in Lincolnshire.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    TeCSA Low Value Dispute Adjudication Service (LVDs)

    For some years there has been strong evidence in the construction industry of a call for a fresh approach to using adjudication as a method for resolving disputes in lower value disputes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Obligation To Procure A Performance Bond

    In the case of Sweett (UK) Ltd (formerly Cyril Sweett Ltd) v Michael Wight Homes Ltd, [2012] EW Misc 3 (CC), HHJ Wildblood QC had to consider whether or not the Consultant had acted in breach of its duty to the Employer in relation to the provision of a performance bond by the Contractor.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Was There a Contract? What Did the Provision That "a Formal Contract Will Then Follow in Due Course" Mean?

    Understanding just when parties have entered into a binding contract is not always straightforward.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP

Showing 141–160 of 602 results

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