Searching Content indexed under Arbitration & Dispute Resolution by Jeremy Glover ordered by Published Date Descending.
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Arbitration In The UAE
The Federal Arbitration Act ("FAA") came into effect in the UAE on 16 June 2018.
3 Dec 2018
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.
2 Mar 2018
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.
29 Jan 2018
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.
8 Jan 2018
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
Introducing NEC4
The NEC4 has introduced a new option of referral to senior representatives of the parties to the project.
7 Aug 2017
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
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.
8 May 2017
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
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.
27 Oct 2016
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.
4 Oct 2016
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.
11 Jul 2016
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.
27 Jun 2016
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.
23 May 2016
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.
14 Aug 2015
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.
7 May 2015
Mediation: Is It Ever Reasonable To Decline A Request To Mediate?
In light of recent court cases many might agree that the answer to this question is "no". That said, Sir Alan Ward in the case of Wright v Michael Wright Supplies Ltd1 commented that: ..
2 Mar 2015
FIDIC Dispute Adjudication Boards
Of all the provisions to be found in the FIDIC form, those of clause 20 have attracted by far the most comment. One of the potential hurdles that need to be overcome with clause 20 is the appointment of the Dispute Adjudication Board or DAB itself.
12 Jan 2015
What Can You Do If A Responding Party In An Arbitration Refuses To Pay Its Share Of The Advance On Costs?
A not uncommon problem in international arbitration is where a party declines to pay its share of the advance on costs. This can be particularly frustrating for a claiming party where the parties have agreed that arbitration is to be the default procedure for resolving disputes.
4 Jun 2014
ICC Mediation Rules 2014
On 1 January 2014, the new ICC Rules of Mediation came into force. In the UK, there was a formal launch on 3 March 2014. These replaced the ICC ADR Rules which had been used for amicable dispute resolution worldwide since 2001. The change in title reflects that the majority of cases dealt with by the ICC ADR body are referred to mediation and not some other form of ADR.
22 May 2014
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