604 results found

In the world of international contracting, when contracting parties enter into an arbitration agreement, they agree on a seat of the arbitration (or should).

In the 2013 case of PGF II SA v OMFS Co & Anr, [2013] EWCA Civ 1537, the Court of Appeal had to consider whether silence in response to a mediation proposal was the equivalent of a refusal to mediate.

The project fell into delay and Grosvenor referred a dispute to adjudication.

The Parties entered into a contract for the removal of asbestos. AIL alleged that AAL's work was defective and sent a formal letter before action to AAL and in copy to its insurance broker.

Following the fire at the Grenfell Tower on 14 June 2017, and the three-year anniversary of the Building Safety Act 2022 ("BSA"), building safety – and particularly fire safety...

A party may apply to the English court to remove an arbitrator on the grounds that circumstances exist that give rise to justifiable doubts as to his impartiality (section 24(1)(a), Arbitration Act 1996 ("the Act")).

If you have obtained a judgment or arbitral award outside England and Wales, you may wish to enforce it in England or Wales because your debtor is located or has assets here.

This article considers some of the key areas of difficulty with the NEC form and makes suggestions as to how NEC3 might be amended to overcome them from the contractor's perspective.

The issue of "taking-over" a construction project on completion in Romania always seems to raise the question of whether the works can be said to be taken-over when the contractor has complied with the contract (in terms of substantially completing the works), or whether the works need to have received the Building Permit from the local authority.

In August 2015 EDF Energy announced its preferred bidders for Hinkley Point C and the press were reporting that ministers are set to give the go ahead to the project once parliament returns in the Autumn. Since then the Government has announced a £2 billion guarantee to try and ensure the project goes ahead.

Back in 2017, the second edition of the FIDIC Rainbow Suite expanded the role of the dispute board, the new name, the Dispute Adjudication and Avoidance Board...

PBS Energo A.S. v Bester Generacion UK Limited is a case with a raft of issues which commonly arise on construction projects.

During the last 12 months, there have been two significant cases in the English courts which considered the issues of bias and conflicts of interest in international arbitration.

A recent TCC decision has confirmed that parties may strategically cherry pick elements of a larger existing dispute and refer to them in a single adjudication without that party...

The International Bar Association (IBA) has updated its Guidelines on Conflicts of Interest in International Arbitration. Key changes include clarifications on arbitrator impartiality, conflict disclosures, and party obligations, while maintaining the structure of prior versions.

In December 2016, at its International Users Conference in London, FIDIC issued a "pre-release" second edition of the Yellow Book (Conditions of Contract for Plant and Design-Build) ...

In our article dated 15 March 2007, headed "Are You Ready for the New Construction Pre-Action Protocol?" we set out the recent changes to the Pre Action Protocol for Construction and Engineering disputes and highlighted why it was important that the protocol was complied with.

This 41st issue of Insight (i) examines what force majeure is, (ii) considers the approach of the domestic standard forms to situations such as the Ebola pandemic and the ISIS threat, and (iii) provides practical tips for those who might be affected by force majeure on how to mitigate the risks that might arise.