November 11, 2014

Fenwick Elliott Annual Review 2014/2015

One of the features of last year’s Review was the impact in the UK of the latest reforms to the court procedural rules or CPR. The changes introduced led to a number of controversial decisions. The Review features two contrasting pieces. We provide an update on what you need to know, about BIM focusing on the legal and contractual implications. In the summer of 2014, Mr Justice Akenhead delivered a very lengthy judgment involving a dispute under the FIDIC yellow book. The Review features three articles arising out of that judgment. Early 2014 saw the publication of new ICC rules on mediation, and our Review this year begins with a look at alternative dispute resolution or ADR. Finally we also look at arbitration agreements.

There are plenty more articles for your consideration, the links to which are below or you can download a PDF of the full Review by completing the “Download our Annual Review” form. If you would like a hard copy of this Annual Review, please contact Jeremy Glover with your name, company name, address and email.

Annual Review articles

The increasing importance of mediation in the UK

Mediation update

Relief from sanctions in adjudication enforcement proceedings

Denton: the new Mitchell

Understanding your design duty – “reasonable skill and care” vs. “fitness for purpose” – mutually incompatible or comfortably coexistent?

Practical completion: an update

Mind your language: are you sure your bespoke contract is tight enough?

Injunctions, limitation of liability clauses and the meaning of “adequate remedy”

Performance bonds: the UAE Perspective

Conditions precedent: Sub-Clause 20.1 of the FIDIC form of contract

Serving contractual notices under the FIDIC form of contract

Termination by the employer under the FIDIC form of contract

English courts refuse bribery-based application to set aside Dubai arbitration award

Arbitration: was there a binding agreement to arbitrate?

The BIM generation

Other Annual Reviews