“Friendly discussions” could be valid precondition to arbitration
Could a first instance Judge in England, rule that a time-limited obligation in a dispute resolution clause, to seek to resolve a dispute by friendly discussions, is enforceable, or would he or she be...
View ArticleConstruction: Court’s discretion to order stays and cost budgets
Often at a case management conference (“CMC”), one or more of the parties will seek a stay of the proceedings whilst they endeavour to resolve their disputes by way of mediation or some other form of...
View ArticleChallenge to adjudicator’s jurisdiction over “novation” unsuccessful and waived
Where the business of a partnership is incorporated the existing contractual rights and obligations of the partners are seldom novated to the new company. That is because that would involve the...
View ArticleUnfounded opposition to adjudicators invalidated decision
Where one party to an adjudication makes a fraudulent misrepresentation during the appointment process would that invalidate the process of appointment and make the appointment a nullity so that the...
View ArticleBuilding Contracts: Act quickly if you wish to challenge a Final Certificate
JCT Forms of Contract try to ensure that, when works have been completed, outstanding disputes can be rapidly and finally resolved. In part this is by the employer’s agent issuing a Final Certificate,...
View ArticleAgreed adjudication procedure could by agreement make final and binding decision
A Scheme Construction Adjudication under Section 108(3) of the Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”) carries with it an implicit proviso that, unless expressly...
View ArticleNo room for implied trust and confidence condition
A recent case raised whether and in what circumstances a contract may be subject to an implied term or condition that it will only continue in existence for so long as a relationship of mutual trust...
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