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  • Article

    FIDIC, Force Majeure, Exceptional Events And The "But For" Test

    Under the 2017 edition of the FIDIC Rainbow Suite, clause 19 which was headed "force majeure" has been replaced by clause 18, "exceptional events".
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Need For Care When Adding Additional Packages Of Works To A Contract

    Drax engaged Shepherd to carry out works relating to the conversion of four generating units to operate on biomass fuel at a power station in North Yorkshire...
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    State Immunity And Enforcement Of ICSID Arbitration Awards

    The UK Supreme Court has ruled on whether sovereign states can invoke immunity to resist enforcement of adverse ICSID arbitration awards in English courts. Spain and Zimbabwe challenged the registration...
    United KingdomInternational Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    ICC Revised Rules of Arbitration

    The revised Rules of Arbitration of the International Chamber of Commerce (ICC) came into force on 1 March 2017.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    New Amendments To The ICSID Rules

    Those that follow news in the world of ISDS (investor state dispute resolution) will not have missed the recent announcement by the International Centre for Settlement of Investment Disputes ("ICSID")...
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The DIFC-LCIA Arbitration Centre Introduces 2016 Arbitration Rules

    On 1 October 2016 the DIFC-LCIA Arbitration Centre (the "Centre") released its new Arbitration Rules (the "2016 Rules"), which apply to all DIFC-LCIA arbitrations commenced on or after that date.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Contract Flash Points - Part 2 : Amending Standard Contracts – Why Do It

    In the second of a series of 4 articles looking at key issues that arise when drafting and agreeing contracts, Simon Tolson questions why there is a need to amend standard contracts in the first place.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Contract Flash Points - Part 3 : Why Use A Standard Form?

    In the third in a series of 4 articles looking at key issues that arise when drafting and agreeing contracts, Simon Tolson looks at the advantages and disadvantages of using the standard contract forms.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Enforcement Of DAB Decisions: "The Singapore Case"

    A review of typical contracts and clauses.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    FIDIC Second Edition – Proposed New Clause 17. Why Are Contractors Concerned?

    The presentation by FIDIC at the Users conference in London in December 2016 of its pre-release version of the Yellow Book Second Edition 2017 provoked a number of reactions.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Grenfell: Remedying Defects And Establishing Change

    There have been two recent cases which have discussed cladding flammability issues.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Liability For Damage Caused By Fire And Applying The Principles In "Biggin V Permanite" In Considering The Reasonableness Of A Settlement

    The question of who is liable for damage caused by fire is one which crops up more often than you might think. The case of <I>John F Hunt Demolition Ltd v ASME Engineering Ltd</I> [EWHC] 1507 TCC provides a useful recap on questions of responsibility where there is damage is to property, and the contract makes provision for a Joint Names insurance policy.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Penalties For Failing To Comply With The Pre-Action Protocol

    It is now just over 10 years since the Woolf Reforms to the rules and procedures of the civil courts in England & Wales were introduced.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Ps – Changes To The FIDIC Form Of Contract

    Our Annual Review goes to press in October 2016. This is just before FIDIC finally announces what changes it is making to the 1999 Suite of Contracts.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Public Procurement, Take Care If You Qualify Your Tender

    In the case of Turning Point Limited v Norfolk County Council [2012] EWHC 2121 (TCC), Mr Justice Akenhead had to consider issues of limitation as well as qualifications/caveats to tenders in public procurement.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Jurisdiction of the Arbitral Tribunals

    In a multi-party, multi-contract dispute, the English Court of Appeal dismisses an appeal against an order made regarding jurisdiction of the arbitral tribunal
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    When Good Security Is Paramount And The Courts Are Hands Off

    The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Mediation In Construction Disputes - An Interim Report

    The use, and in particular the effectiveness, of mediation in construction disputes is usually based upon anecdotal evidence. In order to address this problem, an evidenced-based survey commenced on 1 June 2006. This funded project is being conducted by King’s College, London. The research is being conducted not only with the support of the Technology and Construction Court ("TCC"), but also with their assistance.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication In Malaysia

    The use of adjudication as a rapid binding dispute resolution procedure for construction contracts has been slowly spreading around the world. Adjudication was first introduced in the UK in May 1998 as a result of the Housing Grants, Construction and Regeneration Act 1996.
    MalaysiaReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Multi-Tiered Dispute Resolution Clauses In The UAE

    As Ahmed Ibrahim discusses, multi-tiered dispute resolution clauses are a common feature of construction contracts.
    United Arab EmiratesLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 301–320 of 604 results

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