Issue 10

Termination is a serious step and is never one to be taken lightly. It is important that determination provisions are followed precisely. If a dispute arises, those procedures will usually be carefully considered and strictly applied.

How do governments ensure that fair payment practices in public sector construction contracts are promoted in a country’s construction industry? The UK and Australia now have in place legislation which shows that governments in common-law jurisdictions are increasingly recognising the importance of parties to construction contracts having access to electronic bank accounts

The Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar case, referred to above, also contained a useful decision about the need to ensure that any contractual notice was validly served. As a general rule, you should always read the contract carefully and ensure that any notice is served in the correct way and on the correct people.

If you have obtained a judgment or arbitral award outside England and Wales, you may wish to enforce it in England or Wales because your debtor is located or has assets here. If so, it is positive to know that English courts do not tread lightly regarding requests to set aside orders enforcing foreign arbitral awards.