LCIA transparency drive welcomed as anonymised challenge decisions published – OUT-LAW.com

Posted February 15th, 2018 in anonymity, arbitration, judgments, news, publishing by sally

‘The recent publication of an online database of anonymised arbitrator challenge decisions by the London Court of International Arbitration (LCIA) is a “significant development in regards to transparency”, an expert has said.’

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OUT-LAW.com, 14th February 2018

Source: www.out-law.com

Has the “rough justice” principle of adjudication been extended too far? – Practical Law: Construction Blog

Posted February 6th, 2018 in arbitration, construction industry, news by tracey

‘I haven’t blogged about alleged breaches of natural justice for a while, so here goes with the first reported judgment from Joanna Smith QC, who was sitting as a deputy High Court judge in the TCC. In my view, the judgment in Victory House General Partner Ltd v RGB P&C Ltd is very well written: it is clear, concise and very readable. Before diving into the natural justice issues, I should just mention the warning about using Part 8, a warning that Jefford J first gave last year in Merit Holdings Ltd v Michael J Lonsdale Ltd. I looked at that judgment at the time and note Victory House is another example of a case where the TCC is trying to crack down on what the judges perceive to be an abuse of the Part 8 process.’

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Practical Law: Construction Blog, 6th February 2018

Source: constructionblog.practicallaw.com

What does family mediation involve? – Family Law

Posted January 22nd, 2018 in arbitration, divorce, families, news by sally

‘This month thousands of couples across the country discovered that the Christmas holiday had been the last straw for their failing relationship, and decided to call time on their marriage. But what do they do next? Family Mediation Week runs from 22-26 January, aiming to highlight exactly what family mediation entails.’

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Family Law, 19th January 2018

Source: www.familylaw.co.uk

How we can cut the cost of divorce – Family Law Week

Posted January 16th, 2018 in arbitration, costs, divorce, news by tracey

‘Hazel Wright, Partner and Accredited Mediator with Hunters Solicitors considers the cost benefits of a “no fault” divorce regime.#

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Family Law Week, 12th January 2018

Source: www.familylawweek.co.uk

Dangers of using email to serve arbitration (or adjudication) notices – Practical Law: Construction Blog

Posted January 12th, 2018 in arbitration, electronic mail, news, service, setting aside by tracey

‘This week I’m discussing Glencore Agriculture BV v Conqueror Holdings Ltd, which is a case arising out of a voyage charterparty for the transportation of corn from the Ukraine to Egypt.’

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Practical Law: Construction Blog, 9th January 2018

Source: constructionblog.practicallaw.com

Mediation: a better route to a good settlement? – Family Law

‘The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:
– Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
– Is it possible to draft a consent order without giving advice on its terms?
– Is it appropriate to draft a consent order without giving parties advice on its terms?’

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Family Law, 22nd December 2017

Source: www.familylaw.co.uk

Burnley Hall LLP v Domicilium Limited (Chancery Division, 14 November 2017) – Falcon Chambers

Posted December 8th, 2017 in arbitration, capital allowances, leases, news by sally

‘Burnley Hall brought a claim for specific performance of a put option agreement. The agreement was part of a broader transaction by which the claimant, a limited liability partnership, entered into a joint venture for the development of student accommodation. The venture was entered into on condition that Business Premises Renovation Allowances (under Part 3A of the Capital Allowances Act 2001) would be available and in the event that they were not, Burnley Hall secured the right to extricate itself from the transaction by exercising a put option to require the defendants to take back the leases they had granted and to repay the sums invested by the individuals behind the LLP.’

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Falcon Chambers, 14th November 2017

Source: www.falcon-chambers.com

Arbitration notices: are you being served? – Hardwicke Chambers

Posted December 8th, 2017 in arbitration, electronic mail, news, notification, service by sally

‘In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings Ltd, is that serving the notice of arbitration on the person whom the serving party has previously dealt with may not be effective service at all.’

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Hardwicke Chambers, 1st December 2017

Source: www.hardwicke.co.uk

Court throws out arbitration award over email error – Law Society’s Gazette

Posted November 22nd, 2017 in arbitration, documents, electronic mail, news, service, setting aside by sally

‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’

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Law Society's Gazette, 21st November 2017

Source: www.lawgazette.co.uk

MIAMs: a worthy idea, failing in delivery – Family Law Week

Posted November 2nd, 2017 in arbitration, dispute resolution, divorce, families, financial provision, news by tracey

‘Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.’

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Family Law Week, 31st October 2017

Source: www.familylawweek.co.uk

Construction: Adjudication – unilateral withdrawal – Law Society’s Gazette

Posted October 23rd, 2017 in arbitration, construction industry, dispute resolution, news by sally

‘Introduced by the Housing Grants Construction and Regeneration Act 1996, the statutory adjudication scheme is a well-established dispute resolution mechanism within the UK construction industry. The scheme is often referred to as a ‘pay now, argue later’ mechanism which seeks to maintain cashflow during construction projects by providing a cost-effective and swift means of determining disputes. Although an adjudication award is binding, it is not final. However, in practice an adjudication award is often the final resolution of a dispute.’

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Law Society's Gazette, 23rd October 2017

Source: www.lawgazette.co.uk

Commercial Court Shrinks Scope to Challenge Arbitrations – Hailsham Chambers

Posted October 20th, 2017 in arbitration, choice of forum, Commercial Court, evidence, news by sally

‘In the internationally competitive market for arbitrations, there is much talk about which Courts are most “arbitration-friendly”. In a recent judgment Teare J, in the Commercial Court, has crushed speculation that the English Courts might be increasingly sympathetic to challenges to factual findings.’

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Hailsham Chambers, 12th October 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by tracey

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by tracey

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Litigant-in-person figures expose family courts crisis – Law Society’s Gazette

Posted October 3rd, 2017 in arbitration, family courts, litigants in person, news, statistics by sally

‘Latest government figures highlighting the rising number of private law cases and litigants in person have prompted calls for the government to heed recent warnings about the family justice system.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

Third party arbitration funding here to stay, says expert, as major report published – OUT-LAW.com

Posted September 21st, 2017 in arbitration, dispute resolution, international law, news, reports, third parties by sally

‘Dispute resolution bodies must develop an understanding of the issues raised by third party funding as the role it plays in international arbitration continues to grow.’

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OUT-LAW.com, 21st September 2017

Source: www.out-law.com

Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

Fail to engage in adr at your peril – Zenith PI

Posted September 7th, 2017 in arbitration, news, part 36 offers, personal injuries by tracey

‘Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims.’

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Zenith PI, 5th September 2017

Source: zenithpi.wordpress.com

Arbitration: ‘Non-existent’ respondents – Law Society’s Gazette

Posted September 4th, 2017 in arbitration, jurisdiction, news, ships, statutory interpretation, succession by sally

‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’

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Law Society's Gazette, 4th September 2017

Source: www.lawgazette.co.uk

The Court of Appeal speaks again: Gore v Naheed – Garden Court Chambers

Posted July 6th, 2017 in appeals, arbitration, costs, news by sally

‘In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal]. In that case the Court found that mediation was “obviously appropriate” and did not occur because of lack of co-operation by the defendant. I commented then that “no two cases are the same”. Now along comes the case of Gore v Naheed [2017] EWCA Civ 369.’

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Garden Court Chambers, 26th June 2017

Source: gardencourtmediation.co.uk