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  • Article

    Material Breach Of Contract And Practical Completion

    Almost 50 years later, Lord Justice Coulson was asked to consider again the meaning of practical completion. Jesse Way takes up the story.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Taking A Knife To Adjudicators' Decisions

    As readers may be aware, the courts are keen to enforce adjudicators' decisions, even if they contain errors.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
Article

ICC Launches New 2015 Expert Rules

The ICC has launched a new set of expert rules. The ICC's prior set of rules for expertise came into force on 1 January 2003.
United KingdomLitigation, Mediation & Arbitration
Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    Thin Ice – Freezing Assets Across Jurisdictions

    In international arbitration, winning your case is only half the battle. The harder part is often getting the money.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    CPC 2013 - The New CIOB Contract For Use On Complex Projects

    In April 2013, the Chartered Institute of Building (CIOB) published a contract for use with complex projects (known as the Complex Projects Contract or CPC 2013).
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    CR Construction (UK) Company Ltd v Barclays Bank PLC

    The contractor, CR, sought an interim injunction against the bank, which would restrain it from making any payment to the employer, Northern Gateway, pursuant to a demand made by Northern Gateway...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Fitness For Purpose

    As Karen Gidwani explains fitness for purpose is a phrase often used in everyday language in relation to a service or a product that is not working as expected or desired. In construction contracts, however, the concept of fitness for purpose has its own body of case law and analysis, and the effect of including a fitness for purpose clause in a construction contract can be draconian.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Termination By The Employer Under The FIDIC Form Of Contract

    Termination is a serious step and is never one to be taken lightly. It is important that determination provisions are followed precisely.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Increasing Importance Of Mediation In The UK

    The results of the Sixth CEDR Mediation Audit show that the UK mediation market has grown by 9% in the last year. The current size of the civil and commercial mediation market is estimated as being in the order of 9,500 cases per annum.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Arbitration In The Kingdom Of Saudi Arabia: The New Arbitration Law, Shariah Principles And Enforcement Of Awards In The Kingdom

    Arbitration as a means of resolving disputes has deep roots in the Islamic legal traditions.
    Saudi ArabiaLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Parent Company Guarantees - Is There An Alternative?

    Parent company guarantees are a common feature of construction and engineering projects.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    English High Court Sets Aside Fabricated £70 Million Arbitration Award

    The English High Court set aside a fraudulent multimillion-pound Kuwaiti arbitration award and judgment, finding no arbitration agreement existed and the award was fabricated. This underscores the court's diligence in verifying the authenticity of arbitration documents.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Guarantees or On-Demand Bonds?

    The recent Court of Appeal case of Wuhan Guoyu Logistics Group Co Limited & Others v Emporiki Bank of Greece SA [2012] EWCA Civ 1629 confirmed the first instance decision of the Commercial Court in Wuhan Guoyu Logistics Group Co Limited & Others v Emporiki Bank of Greece SA [2012] EWHC 1715 (Comm) that a security document was a guarantee rather than an on-demand bond.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    TTSJV & Ors v BapCo Refining B.S.C.: Drawing The Threads Together On Preventing A Call

    When can a contractor prevent a beneficiary from calling on an On Demand Bond? Recent case law has struggled to reconcile two competing legal principles: the traditional fraud exception and contractual restrictions on making calls. A 2026 judgment clarifies the threshold required to obtain an injunction against bond calls.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication: Was There More Than One Dispute?

    In the case of "Witney Town Council v Beam Construction (Cheltenham) Ltd" [2011] EWHC 2332 (TCC), Mr Justice Akenhead had to consider whether more than one dispute had been referred to adjudication. If that was the position, then the adjudicator’s decision could not be enforced.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Agreement To Agree Or Agreement?

    Side letters are often used by parties (i) in place of formal contracts, (ii) to provide assurance in relation to future contracts and (iii) to document any last-minute changes to contracts.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Guarantees And On Demand Bonds: The Difficulties That Conflicting Governing Law Provisions Can Cause Parties To A Project When Trying To Resolve Disputes. Arbitration? Court?

    The recent case of Autoridad del Canal de Panamá v Sacyr S.A. and others [2017] EWHC 2228 (Comm) demonstrates (i) the importance of consistency in the drafting of surety instruments...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Letters Of Intent: Overcoming The Pitfalls

    No matter how forcefully lawyers may counsel against them, letters of intent have an established position in the commercial and administrative landscape of the construction industry in the United Kingdom.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    N Is For Notices

    Anyone who has ever read a construction contract, or been involved in a construction project, will know that notices play a big part in the success of a project.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    On Demand Bonds: A Strategic Retreat?

    An On Demand Bond is as an unconditional undertaking to pay a specified amount to a named beneficiary, usually on demand and sometimes on the presentation of certain specified documents.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 341–360 of 604 results

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