The judgment dealt with a number of consequential matters that the parties had been unable to agree following a main judgment, where Constable J determined that the balance...

It is well known that, where a claiming party is a limited company, under section 726(1) of the 1985 Companies Act1, if it appears by credible testimony that there is a reasonable belief that the company will be unable to pay the defending party’s costs if its claim fails, then it may be required to provide security for the defending party’s costs.

The US Court of Appeals upheld a $330 million ICSID award enforcement against Romania, rejecting Romania's arguments based on EU law conflicts. This case highlights the pro-arbitration stance of US courts, supporting ICSID award enforcement.

India recorded its first case of COVID-19 on 30 January 2020. On the same day, the WHO declared COVID-19 an international public health emergency.

The Singapore International Arbitration Centre ("SIAC") introduced its seventh edition of the SIAC Rules (the "2025 SIAC Rules"), which features a broad suite of changes aimed at promoting procedural efficiency...

A recent English judgment enforcing a UAE judgment may have paved the way for clarity on the enforcement of UAE judgments in England and Wales.

Many standard form contracts contain provisions limiting the overall liability of the contractor, upon which a contractor unfamiliar with UAE law may place mistaken reliance.

In November, at the 2022 FIDIC Users Conference, reprints of the 2017 Red, Yellow, and Silver Books were announced along with an accompanying updated FIDIC 2017 Contracts Guide.

UNCITRAL and the International Centre for Settlement of Investment Disputes released, in September 2021, their third iteration of a Draft Code of Conduct for Adjudicators in International Investment Disputes.

In Medway v. Dandara, the court affirmed that an expert determination clause (Clause 28) could be separable from the main contract, enforcing the clause's comprehensive dispute resolution scope despite contract termination. Dandara's argument that complex factual disputes were unsuitable for expert determination was rejected, as such clauses routinely cover fact-based disputes in construction contexts.

During December 2016 Aberdeen engaged Dragados to design, manage and construct a harbour extension at Nigg Bay in the Cromarty Firth. Dragados appointed Arup to carry out design services for the project.

There is an old legal principal arising out of the Scottish case of Mackay v Dick & Stevenson (1881) 6 App Cas 251, which says that where a party wrongfully prevented the fulfilment of a condition...

The case of "Pantelli Associates Ltd v Corporate City Developments Number Two Ltd" [2010] EWHC 3189 (TCC), which came before Mr Justice Coulson on 2 December 2010, provides a useful reminder of what the CPR requirement that a claim must consist of "a concise statement of the facts on which the claimant relies" means.

The seat of arbitration is crucial to defining the legal framework for arbitral proceedings.

A joint venture sought an injunction to prevent a beneficiary from calling on a US$484 million performance guarantee, arguing the liquidated damages clause was an unenforceable penalty and the demand was non-compliant. The court examined whether injunctive relief could be granted to suspend a bond call pending arbitration, and what standard of proof applies when challenging such demands on contractual grounds.

Providence applied for summary enforcement of an adjudication decision dated 30 April 2025. Hexagon did not oppose that application but sought a stay of the judgment...

On 17 April 2013, the Council entered into a project agreement with FCCB for the construction and thereafter the operation over a 30-year period of an energy-from-waste plant at Greatmoor Farm near Bicester...

Part 31 of the Civil Procedure Rules concerns the disclosure and inspection of documents in civil litigation. In summary, a party discloses a document by stating that the document exists or has existed. A party to whom a document has been disclosed has a right to inspect that document except where, amongst other things, the party disclosing the document has a right or a duty to withhold inspection of it.

In September 2024 Fenwick Elliott held a lively panel debate on "Constructing the Gold Standard" (the "Review"), Professor David Mosey's independent review of Public Sector Construction Frameworks written in 2021...

The case of Zennstrom & Anr v Fagot & others, [2013] EWHC 288 (TCC), 21 February 2013 looks at whether the owners of a property which had been completely rebuilt some 12 months prior to the sale, were liable to the purchasers who had discovered after their purchase that the building was so unsafe that it needed to be demolished.