Changes at the TCC
The TCC, as part of the revised court guide, specifically recognises the possibility of introducing the expert hot tub to trials.
Fenwick Elliott Annual Review 2010/2011
Annual Review 2010/2011
Download this issueWith the rise in international arbitration work, we examine developments such as the growing use of “expert hot tubs” and consider whether this approach may gain traction in the UK courts. The updated TCC Guide is reviewed, highlighting its emphasis on mediation and evolving case management practices, alongside a summary of recent research into the effectiveness of mediation in construction disputes.
Adjudication and alternative dispute resolution remain central themes, with discussion of enforcement challenges in the context of insolvency and consideration of the Part 8 procedure as a potential alternative route. Looking ahead, we also explore the implications of the forthcoming Bribery Act and its significance for businesses operating in the construction sector.
The Review addresses developments in standard forms and contractual practice, including commentary on FIDIC contracts, the revised RIBA Agreements 2010, and judicial treatment of the NEC3 form. Practical guidance on tendering and the increasing number of procurement challenges is also included, with analysis of key issues such as disclosure obligations.
International arbitration case law continues to evolve, particularly following the aftermath of the West Tankers decision, and this edition tracks those developments. We also revisit the long-running Scottish dispute between City Inn and Shepherd Construction, examining the court’s findings on time bars and the wider implications for extension of time claims.
Finally, the Review reflects our wider engagement with the industry and community, including international development work and pro bono initiatives supporting charitable construction projects.
