TTSJV WLL & Ors v BapCo Refining BSC
What is the correct legal test for challenging a call made against a bond?
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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.
Oakland Wantage Care Home Ltd v Stepnell Ltd
Was the alleged final account document a draft, or the real thing?
Deerns UK Ltd v VDC LHR11 Ltd
Did the contract provide for a final date for payment? And if it did not, what was the consequence?
Issue 313
July’s Dispatch looks at final dates for payment, final accounts and the meaning of conclusivity.
Clerkenwell Lifestyle (UK) Ltd v HG Construction Ltd
Had the parties agreed an extension of time which the adjudicator failed to take account of?
Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust
Had the adjudicator departed from the parties’ submissions and/or decided the dispute on a basis which they did not have an adequate opportunity to deal with?
Issue 312
June’s Dispatch looks at natural justice, adjudicators departing from submissions and the formalities needed to agree an extension of time (EOT).
RBH Building Contracts Ltd v James & Anor
How will the court determine whether a person “intends to occupy” the property: a key part of the test as to the whether or not the residential occupier exemption will apply to an adjudication?