Bell Scaffolding (Aust) Pty Ltd v Rekon Ltd and Another

06 December 2006

Dispatch

Issue 78

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Did the agreement between the parties give rise to an enforceable obligation or was it merely an agreement to agree? Click to download PDF

01 July 2015

An Overview of the CIArb Dispute Board Rules

This paper seeks to trace briefly the development of dispute board rules and outline some of the key issues in relation to the rules that might be commonly encountered.

Articles and Papers

33 min read

05 April 2017

Changes to the Claims provision in the proposed second edition of the Yellow Book

This article addresses the changes, in relation to the Claims provisions, between the first edition of Conditions of Contracts for Plant and Design Build (“the 1999 Yellow Book”) and the Proposed 2017 Yellow Book.

International Quarterly Issue 21

18 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