‘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.’
OUT-LAW.com, 24th April 2018
Source: www.out-law.com
‘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.’
Litigation Futures, 12th April 2018
Source: www.litigationfutures.com
‘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.’
4 New Square, 14th March 2018
Source: www.insurancelaw.london
‘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!’
Practical Law: Construction Blog, 13th March 2018
‘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.’
OUT-LAW.com, 12th March 2018
Source: www.out-law.com
‘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.’
Practical Law: Construction Blog, 6th March 2018
‘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.’
OUT-LAW.com, 14th February 2018
Source: www.out-law.com
‘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.’
Practical Law: Construction Blog, 6th February 2018
‘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.’
Family Law, 19th January 2018
Source: www.familylaw.co.uk
‘Hazel Wright, Partner and Accredited Mediator with Hunters Solicitors considers the cost benefits of a “no fault” divorce regime.#
Family Law Week, 12th January 2018
Source: www.familylawweek.co.uk
‘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.’
Practical Law: Construction Blog, 9th January 2018
‘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.’
Falcon Chambers, 14th November 2017
Source: www.falcon-chambers.com
‘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.’
Hardwicke Chambers, 1st December 2017
Source: www.hardwicke.co.uk
‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’
Law Society's Gazette, 21st November 2017
Source: www.lawgazette.co.uk
‘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.’
Family Law Week, 31st October 2017
Source: www.familylawweek.co.uk
‘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.’
Law Society's Gazette, 23rd October 2017
Source: www.lawgazette.co.uk
‘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.’
Hailsham Chambers, 12th October 2017
‘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.’
Litigation Futures, 17th October 2017
Source: www.litigationfutures.com
‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’
Practical Law: Construction Blog, 2nd October 2017
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