“An expensive way to flip a coin”

04 February 2005

Articles and Papers

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Toby Randle in article which appeared in Building sets out why he
advises some construction clients embroiled in complex cases to bypass the adjudication process and initiate court proceedings.

25 February 2016

Victoria Russell provided a case law update paper and talk to the members of the South East branch of the Chartered Institute of Arbitrators discussing the most recent decisions relating to adjudication enforcement and arbitration.

Articles and Papers

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26 September 2019

By Toby Randle, Partner, and Rebecca Penney, Senior Associate, Fenwick Elliott

Articles and Papers

6 min read

12 July 2014

What can you do if a Responding Party in an arbitration refuses to pay its share of the Advance on Costs?

Failure by a party to pay its share of an advance on arbitration costs may amount to a breach of the arbitration agreement, but it will not necessarily be repudiatory. Where the applicable arbitral rules provide mechanisms to allow the arbitration to proceed, non‑payment alone is unlikely to render the arbitration agreement inoperative.

International Quarterly Issue 9

10 min read