Ardmore Construction Ltd v Taylor Woodrow Construction Ltd

Catherine Simpson has written about what happens when without prejudice documents appear in an adjudication, looking at the legal position in Scotland and the UAE.

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.