Amber Construction Services Ltd v Ilyrian Construction Ltd
How will the Insolvency Courts approach an application to restrain the advertisement of a winding-up petition?
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Avanton Capital CC Ltd v LUC Construction Ltd
Was LUC entitled to a stay of an adjudicator’s decision on the grounds of Avanton’s financial position and/or, rather more unusually, its own?
Issue 316
October’s Dispatch reviews an attempt to stay enforcement of an adjudicator’s decision and the risks of using winding-up petitions to compel payment.
Coventry & Warwickshire Development Partnership LLP v Avison Young (UK) Ltd
How will the court decide whether or not an adjudicator’s reasons are sufficient?
Entexol Ltd v Sked Construction Ltd
Had the adjudicator gone off on a frolic of their own in deciding that time was at large?
3173 Bidco Ltd & Anor v Roberts & Anor
Could one party claim the costs of an unsuccessful Early Neutral Evaluation?
Issue 315
September’s Dispatch looks at Early Neutral Evaluation and two enforcement cases where the approach of the adjudicator was challenged.
TTSJV WLL & Ors v BapCo Refining BSC
What is the correct legal test for challenging a call made against a bond?
Netomnia Ltd v MJ Quinn Integrated Services Ltd
Did the payment notice comply with the necessary statutory and contractual requirements? If it did not, what was the consequence?
Issue 314
August’s Dispatch looks at when you can challenge calls on bonds and the importance of getting the details of your payment application right.
Referring disputes to an ad hoc DAB under the FIDIC form
Jeremy Glover reviews a recent Singapore case which considers the consequences of an ad hoc DAB declining to hear disputes referred under a FIDIC contract. The case provides useful guidance on when parties may proceed directly to arbitration.
Issue 43
This issue explores the new ICC Arbitration Rules, challenges in disputes involving Russian entities, the FIDIC Gold Book, third-party funded arbitration and recent guidance on referring disputes to ad hoc DABs under FIDIC contracts.