October 2011
Articles - Arbitration and litigation archive
Click to download PDF"Dispute avoidance and resolution"
20 May 2009
Simon Tolson in a paper given at the Butterworths Conference in London titled "Construction Law: Strategies, challenges and solutions to weather the economic storm" discusses how to tell if your project is heading for a dispute, how to avoid that dispute coming to a head and, if the worst happens, how to effectively manage that dispute, utilising the various dispute resolution alternatives which may be available.
"How do you determine the procedural law governing an international arbitration"
31 May 2006
Yann Guermonprez discusses how the arbitral tribunal should determine procedural law and looks at the question as to how one determines the seat of an arbitration in the absence of agreement.
"Liability of expert witnesses post Jones v Kaney"
November 2011
As Stefan Cucos discusses, prior to March 2011 expert professionals enjoyed a partial immunity from negligence actions in circumstances where they were acting as expert witnesses. The case of Jones v Kaney means that if an expert provides negligent expert evidence that expert can be sued those instructing him. Whilst time will tell as to the full impact of this change, Stefan considers the implications of this decision not only for established experts but also the litigants on whose behalf they act.
"FIDIC: an overview - The latest developments, comparisons, claims and force majeure"
11 September 2007
Jeremy Glover, in a paper given at the Construction Law Summer School 2007, held at Queen's College Cambridge, provides an over-view on the history and development of the FIDIC form of contract. The paper then goes on the review the different ways in which the employer and contractor are treated when it comes to making claims. This section includes a brief discussion on the different approaches under the civil codes and common law jurisdictions, which leads to a short comment about the treatment of force majeure.
Earlier articles - in HTML format
Technology & Construction Court and the Civil Procedure Rules practice today
24 February 2003
"Recent trends in dispute resolution"
22 April 2010
Toby Randle in a paper given at the latest Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London reviews the alternatives to adjudication, in particular the use of Part 8 Proceedings. In doing so, he discusses the recent cases of Geoffrey Osbourne Ltd v Atkins Rail Ltd, Yuanda (UK) Co Ltd v Gear Construction Ltd and Banner Holdings Ltd v Colchester Borough Council.
"The Civil Codes and Common Law Jurisdiction compared; Good Faith and Force Majeure"
10 November 2006
"Time bars in construction and global claims"
25 April 2008
Simon Tolson and Jeremy Glover in a paper prepared for Video TEN (The Einstein Network) discuss the increasing importance of timebars in construction contracts, with particular reference to the FIDIC, NEC3 and JCT forms. They also review the approach of the courts to global claims following the Scottish case of City Inn v Shepherd Construction.
"Civil Procedure Rules update - Are the courts trying to do themselves out of business?"
17 September 2003
In a paper prepared for the south-east branch of the Chartered Institute of Arbitrators, Jeremy Glover discusses ADR, the role of the expert witness, costs and case management - four key issues for anyone dealing with disputes.