Recent developments in procurement law

01 November 2011

Articles and Papers

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Jeremy Glover, in a paper given at the last Fenwick Elliott Construction Law Update Seminar, considers the impact of recent court decisions on pre-procurement planning and strategy. In particular he analyses the impact of the Remedies Directive and automatic suspension both in practice and before the courts. Finally with reference to the resolution of the European Parliament on 25 October 2011, he looks at the extent to which the procurement regulations may change in the future.

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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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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.

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