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Searching Content indexed under Litigation, Mediation & Arbitration by Jeremy Glover ordered by Published Date Descending.
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1
Adjudication & Fraud: PBS Energo AS v Bester Generacion UK Ltd
PBS sought the summary enforcement of an adjudication decision in the sum of £1.8 million. Bester resisted on the basis that the decision had been procured by fraud.
UK
7 May 2019
2
Arbitration In The UAE
The Federal Arbitration Act ("FAA") came into effect in the UAE on 16 June 2018.
UK
3 Dec 2018
3
Mr Justice Coulson and the Smash and Grab Adjudication
The case of Grove Developments Ltd v S&T, [2018] EWHC 123 (TCC), is likely to be Mr Justice Coulson's last case at the TCC before his elevation to the Court of Appeal.
UK
2 Mar 2018
4
The Second Edition of the FIDIC Rainbow Suite has arrived
At a packed International Contract Users' Conference held in London on 5-6 December 2017, FIDIC finally unveiled the Second Edition of the 1999 Rainbow Suite, Red, Yellow and Silver Books.
UK
29 Jan 2018
5
The Importance Of Serving Your Notice On The Right Person
The case of Glencore Agriculture BV (formerly Glencore Grain BV) v Conqueror Holdings Ltd provides a helpful illustration of the importance of reviewing the Notice requirements of the Contract strictly.
UK
8 Jan 2018
6
Recent Developments in the UAE: Arbitration
With our office in Dubai flourishing, we have been keeping a careful eye on the latest developments in arbitration in the UAE region.
United Arab Emirates
21 Dec 2017
7
Notices
Under most formal contracts it is necessary for the Contractor to give notice of various matters as part of the process of seeking extensions of time and/or loss and expense.
UK
19 Dec 2017
8
Responsibility For Concurrent Delay
Claims revolving around concurrent delay are a frequently encountered problem in construction contracts. As Jeremy Glover explains, the problem of concurrency typically arises when...
UK
14 Dec 2017
9
Introducing NEC4
The NEC4 has introduced a new option of referral to senior representatives of the parties to the project.
UK
7 Aug 2017
10
What Might Changes to the UAE Penal Code Mean for Arbitrators and Expert Witnesses?
There is no doubt that the UAE has been steadily establishing itself as a global arbitration centre by developing the Dubai International Arbitration Centre ("DIAC") , Dubai International Financial Centre–London Court of International Arbitration ("DIFC–LCIA") and the Abu Dhabi Commercial Conciliation and Arbitration Centre amongst others.
United Arab Emirates
15 May 2017
11
What Constitutes An Unreasonable Failure To Mediate?
In the 2013 case of PGF II SA v OMFS Co & Anr, [2013] EWCA Civ 1537, the Court of Appeal had to consider whether silence in response to a mediation proposal was the equivalent of a refusal to mediate.
UK
8 May 2017
12
Interpreting Contracts And Implying Terms: The Approach Of The Supreme Court
In the preceding article, Reyhan Yilmaz looked at anti-oral variation clauses, which are designed to limit the ability of parties to make subsequent changes to their agreement. Lord Justice Beatson had said in the Globe Motors1 case highlighted by Reyhan that
United Arab Emirates
19 Dec 2016
13
The Jackson Reforms To The Litigation Process: Three Years On
One of the key elements of the Jackson Reforms was the effective management of litigation costs through the introduction of cost budgeting.
UK
22 Nov 2016
14
Contractual Pre-Conditions To Arbitration In England And The UAE
Under the FIDIC form, whether it is the 1999 Rainbow suite or the 1987 Fourth Edition, which is still used fairly widely in the Middle East today, obtaining a decision from either the Engineer (4th Edition) or a DAB (1999 suite) is generally a precondition to a party being entitled to commence arbitration.
Worldwide
27 Oct 2016
15
Recovery Of Third-Party Funding Costs In Arbitration
The right of a successful party to his costs in arbitrations governed by the UK 1996 Arbitration Act is provided by sections 59–65.
UK
4 Oct 2016
16
The Incorporation of Arbitration Agreements
Sub-clause 20.6 of the FIDIC Red Book is a good example of the express incorporation of an arbitration clause.
UK
11 Jul 2016
17
Contract Pactice Points Over The Past Nine Months
The key to resolving most disputes often lies in establishing what the contract between the parties means.
UK
27 Jun 2016
18
The Jackson Reforms To The Litigation Process: Three Years On
One of the key elements of the Jackson Reforms was the effective management of litigation costs through the introduction of costs budgeting.
UK
23 May 2016
19
Unforeseeable Ground Conditions: The Obrascon Case Reaches The Court Of Appeal
The decision of Mr Justice Akenhead in the Obrascon case featured in Issue 10 of IQ last year, where we reviewed the implications of the judgment in relation to termination by the Employer and serving contractual notices.
UK
14 Aug 2015
20
Challenging An Arbitration Decision: Serious Irregularity
It would be fair to say that a party wishing to challenge an arbitration award, under the 1996 Arbitration Act, in England and Wales will as a general rule face an uphill struggle.
UK
7 May 2015
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