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ARTICLE · 14 DECEMBER 2011

Case Law Update - December 2011

A round up of recent case law updates.

United KingdomReal Estate and Construction

ADJUDICATION

Lessons of DB for adjudication

'Everybody has won and all must have prizes' How the Dispute Board process could improve UK adjudication by Murray Armes, Construction Law Journal 2011 Vol 27 No 7.

The author examines the use of dispute boards in international contracts, and advocates their increased use in domestic contracts to enable attempts at dispute avoidance to be succeeded by a binding decision.  He concludes that this is desirable because adjudication has become distant from the original Latham intentions.

Tolent Clauses

Outlawing Tolent clauses and the LDEDC Act 2009: the denouement of section 108 by Dominic Helps, Construction Law Journal 2011 Vol. 27 No. 7

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