The increasing importance of mediation in the UK
Christine Lockwood discusses the increasing important of mediation in the UK and notes 76% of mediations settle on the day.
One of the features of last year’s Review was the impact in the UK of the latest reforms to the court procedural rules or CPR. The changes introduced led to a number of controversial decisions. The Review features two contrasting pieces. We provide an update on what you need to know, about BIM focusing on the legal and contractual implications. In the summer of 2014, Mr Justice Akenhead delivered a very lengthy judgment involving a dispute under the FIDIC yellow book. The Review features three articles arising out of that judgment. Early 2014 saw the publication of new ICC rules on mediation, and our Review this year begins with a look at alternative dispute resolution or ADR. Finally we also look at arbitration agreements.
11 November 2014
Christine Lockwood discusses the increasing important of mediation in the UK and notes 76% of mediations settle on the day.
Annual Review Fenwick Elliott Annual Review 2014/2015
5 min read
11 November 2014
Martin Ewen explains that the courts have been asked again to consider cases where parties have, it was said, unreasonably refused an offer to mediate.
Annual Review Fenwick Elliott Annual Review 2014/2015
8 min read
11 November 2014
James Mullen and Rachel O’Hagan of 39 Essex Street explain what happened when we found ourselves having to apply Mitchell in the midst of an adjudication enforcement.
Annual Review Fenwick Elliott Annual Review 2014/2015
6 min read
11 November 2014
Lisa Kingston explains the new three stage test introduced by the Court of Appeal to deal with applications for relief from sanctions, when court deadlines have been missed.
Annual Review Fenwick Elliott Annual Review 2014/2015
8 min read
11 November 2014
Sarah Buckingham discusses the importance of understanding your design duties and focuses on the distinctions between fitness for purpose and reasonable skill and care.
Annual Review Fenwick Elliott Annual Review 2014/2015
13 min read
11 November 2014
Jatinder Garcha looks at a recent decision where the precise obligations on the party responsible for certifying completion were put under the judicial microscope.
Annual Review Fenwick Elliott Annual Review 2014/2015
5 min read
11 November 2014
The nature of these obligations is usually spelt out in the contract and Stacy Sinclair gives a timely warning of the need for clarity in architect’s appointments.
Annual Review Fenwick Elliott Annual Review 2014/2015
6 min read
11 November 2014
In AB v CD, the Court of Appeal considered how limitation of liability clauses affect the court’s approach to granting interim injunctions, applying the established principles from American Cyanamid Co v Ethicon Ltd, including whether there is a serious issue to be tried and whether damages would be an adequate remedy.
Annual Review Fenwick Elliott Annual Review 2014/2015
10 min read
11 November 2014
Heba Osman reviews performance bonds from a UAE perspective.
Annual Review Fenwick Elliott Annual Review 2014/2015
6 min read
11 November 2014
A case summary of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar.
Annual Review Fenwick Elliott Annual Review 2014/2015
9 min read
11 November 2014
We discuss serving contractual notices under the FIDIC form of contract
Annual Review Fenwick Elliott Annual Review 2014/2015
5 min read
11 November 2014
Jeremy Glover discusses termination by the employer under the FIDIC form of contract
Annual Review Fenwick Elliott Annual Review 2014/2015
9 min read
11 November 2014
Monique Hansen looks at an attempt to prevent the enforcement of a Dubai arbitration award.
Annual Review Fenwick Elliott Annual Review 2014/2015
9 min read
11 November 2014
We look at arbitration agreements, including a clause which provided that the parties were to try to resolve their dispute through “friendly discussion”.
Annual Review Fenwick Elliott Annual Review 2014/2015
6 min read
11 November 2014
Stacy Sinclair provides an update on what we need to know about BIM, focusing on the legal and contractual implications. One of the items Stacy discusses is the Government Soft Landings policy.
Annual Review Fenwick Elliott Annual Review 2014/2015
9 min read