605 results found

The Ministry of Justice's guidance on the Bribery Act 2010 (the "Bribery Act") from March 2011 stated the obvious when it wrote "everyone agrees that bribery is wrong…".

One of the key elements of the Jackson Reforms was the effective management of litigation costs through the introduction of costs budgeting.

DABs are used widely in international construction contracts and they can be very effective.

In short, they are a promise to pay money on the occurrence of a specified event.

In a case described as "highly unusual"1 by both parties and the judge, the English High Court ordered limited disclosure of specified documents relating to an arbitration commenced under the rules...

On 9 December 2024 I had the pleasure of attending the launch event of King's College London's report "2024 Dispute Boards International Survey...

Every project needs a clear set of contractual requirements and obligations so that all the participants know where they stand.

In the first in a series of four articles looking at key issues that arise when neogtiating contracts, Simon Tolson begins by reviewing some of the problems that can arise when drafting your contract.

When the Jackson reforms came into force in April 2013, it was proclaimed they would bring about a substantial shift in the way in which litigation was conducted and would improve the culture of litigation for the better.

Retentions have been a common feature in the construction industry for over 100 years, yet over the past two years there has been a growing shift in the construction industry's views on retentions and whether reform ...

The Society of Construction Law's (SCL) Delay and Disruption Protocol1 was first published in 2002. It provides, in short, a scheme whereby delay may be much better controlled and managed during the construction process.

Sub-clause 20.6 of the FIDIC Red Book is a good example of the express incorporation of an arbitration clause.

Conditions precedent serve as critical contractual gateways in construction contracts, yet their identification and enforcement remains complex. This analysis examines when provisions operate as conditions precedent, explores their presence in standard construction forms including FIDIC, NEC, and JCT, and provides practical guidance on drafting enforceable provisions while understanding the circumstances under which they may be challenged or waived.

As Lyndon Smith explains, there have been two noteworthy judgments by the Commercial Court this year on the subject of apparent bias of arbitrators. These decisions potentially have a wider application because, whilst they give guidance as to how the English courts will treat conflicts of interest of an arbitrator, ..

The use of BIM by the construction industry appears to be on a steady upward trend, but the "BIM readiness" survey report which has just been published by the Electrical Contractors' Association suggests that only 16% of firms in the building service sector are fully ready to use BIM

On 1 January 2008, Nicholas Gould became chairman of the Standing Committee of the ICC International Centre for Expertise for a three year period.

Nicholas Gould recently became chairman of the Society of Construction Law. In the article below he reviews key legal developments over the past year and sets out his vision for the next year.

The impact of COVID 19 is changing daily and last week, in England at least, many sites closed whilst others continued working.