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  • Article

    Interpreting Indemnity Clauses: How Many Caps And What Size?

    Limitation of liability clauses are intended to provide certainty as to a party's potential exposure following a breach of contract.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    No Oral Variation Clauses

    The uncertainty surrounding the effectiveness of NOM clauses was due to a number of factors.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
Article

Parental Controls: Supreme Court Holds That Claims Can Be Brought Against A Parent Company Domiciled In England, In Respect Of The Activities Of Its Overseas Subsidiaries

The Supreme Court handed down a much-anticipated judgment on 10 April 2019, holding that parent companies domiciled in England can be sued in the English courts for alleged torts committed overseas ...
United KingdomCorporate/Commercial Law
Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    The New [BIM] Information Protocol

    In Issue 27, I wrote about the application of BIM under the FIDIC Form of Contract. I noted that I thought it likely that any "BIM definitions" that are adopted by FIDIC will be based on international
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    What Makes A Good Adjudicator?

    TeCSA keeps these issues under regular review as the law and practice is ever moving.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Concurrent Delay: Allocating The Risk

    Concurrent Delay: Allocating the Risk
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    M Is For Mediation

    Mediation, a form of assisted negotiation, is increasingly mandated in UK civil claims under £10,000 from May 2024. Contracts and courts are promoting mediation to resolve disputes. The process, facilitated by a neutral third party, offers flexibility and can prevent costly litigation.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication Practice Points Over The Past Eight Months

    There have been a fair few interesting adjudication decisions over the past eight months, but probably the most important and noteworthy have been those concerning the adjudicator nomination process, ..
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Are Milestone Payments A Sufficient Mechanism For Payment In Construction Contracts?

    Bennett contracted to Verbus the design, supply and installation of 78 prefabricated modular bedroom units for a new hotel in London.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Are Notice Clauses Always Fair And Reasonable?

    As we have discussed in previous issues of IQ and our Annual Review, under the FIDIC form there is a requirement on both the Contractor and Employer to submit notices about claims ..
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Dispatch – 313 – July 2026

    July’s Dispatch looks at final dates for payment, final accounts and the meaning of conclusivity.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Dispatch - Issue 310

    April's Dispatch examines the legal implications of personal guarantees in construction contracts and explores how preliminary "subject to contract" correspondence can evolve into binding contractual agreements. These issues present significant risks and opportunities for parties in construction disputes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Ebola & Isis: Force Majeure Under The Standard Forms

    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.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Is Arbitration Confidential?

    It is generally assumed as a matter of commercial dealings that arbitration proceedings will be both private and confidential.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    New Court of Appeal Guidance on Failure to Serve Payment and Payless Notices

    Over the course of the past year, three cases have come before Mr Justice Edwards-Stuart presenting the all too familiar scenario whereby the contractor notified the sum due in a payment notice, and the employer failed to serve either a payment notice of its own, or a payless notice
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Project Management: The Liability and Standards Expected of a Project Manager

    The services offered by Project Managers ("PMs") vary considerably, as do the qualifications and experience of the people putting themselves forward for this role.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The SCL Delay And Disruption Protocol: A Second Edition

    The Society of Construction Law's (SCL) Delay and Disruption Protocol was first published in 2002.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Referring Disputes To An Ad Hoc DAB Under The FIDIC Form

    When a Dispute Adjudication Board declines jurisdiction over referred disputes under FIDIC contracts, can parties proceed directly to arbitration? This Singapore High Court case examines the mechanics of ad hoc DAB appointments and explores whether pre-arbitral procedural objections constitute matters of jurisdiction or admissibility in international construction arbitration.
    SingaporeLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The UNCITRAL Expedited Arbitration Rules Enter Into Force

    On 19 September 2021, the UNCITRAL Expedited Arbitration Rules entered into force. As Thomas Young explains, the introduction of these expedited rules reflects the increased use of expedited...
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    All You Need To Know About The New CDM Regulations

    This 45th issue of Insight (i) considers the application of the new CDM Regulations and the transitional arrangements that will be in place; (ii) reviews the key changes that are expected to be introduced; ..
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 441–460 of 604 results

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