Determination of preliminary points of law by courts in arbitration and adjudication – Practical Law: Construction Blog

Posted June 5th, 2018 in arbitration, construction industry, news, ships by tracey

‘The Palladium is a mighty fine looking “superyacht”. It is an impressive 95 metres long and has all the features one would expect on such a luxury craft, including a helicopter landing pad and swimming pool. A Google search suggests that the yacht is worth circa $200 million, so one can see that a defect in the paint finish would be costly to rectify. It is this defect that ultimately led the parties to an arbitration, for which a five-week hearing was set.

The case ended up before the court because, during the arbitration, an issue arose as to whether the yacht builder’s without prejudice settlement offer had been accepted by the purchaser in correspondence. The purchaser contended that a binding settlement had been reached, which the builder denied.’

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Practical Law: Construction Blog, 29th May 2018

Source: constructionblog.practicallaw.com

Speech by Lord Justice Gross: Courts and Arbitration – Courts and Tribunals Judiciary

Posted May 3rd, 2018 in arbitration, civil justice, courts, judges, speeches by tracey

‘Speech by Lord Justice Gross: Courts and Arbitration .’

Full speech

Courts and Tribunals Judiciary, 2nd May 2018

Court of appeal finds arbitrator in Deepwater Horizon case not biased – Practical Law: Construction Blog

Posted May 2nd, 2018 in appeals, arbitration, bias, news by tracey

‘Section 33 of the Arbitration Act 1996 imposes a duty on arbitrators to “act fairly and impartially as between the parties” and section 24(1)(a) provides that the court has the power to remove an arbitrator if circumstances exist that “give rise to justifiable doubts as to his impartiality”. This week I’m looking at the Court of Appeal’s decision in Halliburton Company v Chubb Bermuda Insurance Ltd and others, where the court had to decide whether an arbitrator should be removed under section 24 in circumstances where he had accepted multiple appointments in overlapping cases without telling the parties’

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Practical Law: Construction Blog, 1st May 2018

Source: constructionblog.practicallaw.com

Arbitrator appointed on multiple related cases was not biased, court finds – OUT-LAW.com

Posted April 25th, 2018 in arbitration, bias, news by sally

‘The English and Welsh Court of Appeal (CoA) has dismissed a claim that an arbitrator who accepted multiple appointments from one party in an arbitration would be biased as a result.’

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OUT-LAW.com, 24th April 2018

Source: www.out-law.com

High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures

Posted April 13th, 2018 in arbitration, costs, enforcement, news by tracey

‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’

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Litigation Futures, 12th April 2018

Source: www.litigationfutures.com

Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square

Posted March 20th, 2018 in appeals, arbitration, insurance, news by sally

‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’

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4 New Square, 14th March 2018

Source: www.insurancelaw.london

Reminder that adjudicator’s appointment lapses if no decision – Practical Law: Construction Blog

Posted March 15th, 2018 in arbitration, construction industry, contracts, fees, news, remuneration by tracey

‘Some judgments seem destined to be blogged about (at least by me) and Baldwin v J Pickstock Ltd is one such judgment. It’s all about the adjudicator’s decision (or lack of), whether there was an extension of time for reaching that decision and whether the adjudicator had properly resigned and should be paid for the work he did (even though he did not reach a decision). It’s not quite Cubitt Building & Interiors v Fleetglade, but it does demonstrate how adjudicators need to be alive to banana skin tactics, even those coming from the referring party!’

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Practical Law: Construction Blog, 13th March 2018

Source: constructionblog.practicallaw.com

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com

Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

Posted March 8th, 2018 in arbitration, construction industry, contracts, news, notification, remuneration by tracey

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

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Practical Law: Construction Blog, 6th March 2018

Source: constructionblog.practicallaw.com

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