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Posted June 9, 2022 | Published in Dispute resolution

Van Oord v Dragados: To frolic is to fail … if you’re an adjudicator. Adjudicator’s decision not enforced due to a breach of natural justice [1]

Adele Parsons considers the Scottish case of Van Oord UK Limited v Dragados UK Limited, the circumstances when an adjudicator’s actions amount to a breach of natural justice, and the practical implications for adjudicators.

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Adele Parsons [2] | 0 comments [1]
Posted May 16, 2022 | Published in Dispute resolution

Bexheat v ESG: a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication [3]

Matthew Simson considers the case of Bexheat Limited v Essex Services Group Limited and whether a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication. 

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Matthew Simson [4] | 0 comments [3]
Posted April 22, 2022 | Published in Dispute resolution

Money for nothing? An adjudicator’s right to fees if they resign [5]

Laura Bowler considers the recent Court of Appeal case Steve Ward Services (UK) Limited v Davies & Davies Associates Limited and an adjudicator’s right to fees if they resign.

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Laura Bowler [6] | 0 comments [5]
Posted April 6, 2022 | Published in Dispute resolution

Outer Space Law, Legal Policy and Practice [7]

With space activities continuing to gather interest and serious business activity, much has happened since the first edition in 2017 of Outer Space Law: Legal Policy and Practice.  In this blog, Nicholas Gould considers what’s new in the second edition, due for publication in April 2022, including a review of his chapter which deals with dispute resolution in relation to outer space activities.

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Nicholas Gould [8] | 0 comments [7]
Posted March 24, 2022 | Published in Contracts & documentation

Material Prices and Availability: The Latest Construction Battlefield [9]

With the battleground set for disputes over inflated prices and delays, Lucinda Robinson considers what parties can do to defend their positions under existing contracts and how to arm themselves for future conflict in contracts being negotiated now.

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Lucinda Robinson [10] | 2 comments [9]
Posted February 28, 2022 | Published in Dispute resolution

The Building Safety Bill: residential developers beware! [11]

Roma Patel considers proposed changes and the latest developments in the Building Safety Bill which affect developers who work in the residential development sector.

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[12] | 0 comments [11]
Posted February 11, 2022 | Published in Dispute resolution

New Amendments to the ICSID Rules [13]

Sana Mahmud discusses the proposed, upcoming changes to the ICSID rules. 

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Sana Mahmud [14] | 0 comments [13]
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Links
[1] https://www.fenwickelliott.com/blog/dispute-resolution/van-oord-dragados [2] https://www.fenwickelliott.com/team/parsons [3] https://www.fenwickelliott.com/blog/dispute-resolution/bexheat-esg [4] https://www.fenwickelliott.com/team/simson [5] https://www.fenwickelliott.com/blog/dispute-resolution/adjudicator-right-fees-if-resign [6] https://www.fenwickelliott.com/team/bowler [7] https://www.fenwickelliott.com/blog/dispute-resolution/outer-space-law [8] https://www.fenwickelliott.com/team/gould [9] https://www.fenwickelliott.com/blog/dispute-resolution/material-prices-availability [10] https://www.fenwickelliott.com/team/robinson [11] https://www.fenwickelliott.com/blog/dispute-resolution/building-safety-bill-residential-developers [12] https://www.fenwickelliott.com/node [13] https://www.fenwickelliott.com/blog/dispute-resolution/new-amendments-icsid-rules [14] https://www.fenwickelliott.com/team/mahmud [15] https://www.fenwickelliott.com/print/blog?page=5