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Scottish courts re-examine the scope of adjudicator's decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 31 2011

In the 2010 case of WH Malcolm v AMEC 2010 CSOH152, the Scottish Outer House Court of Session returned to an often-raised subject, namely the scope of an adjudicator's decision

Consideration of adjudicator's jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 22 2010

In the recent case of Aedifice Partnership v Shah 2010 EWHC 2106, Mr Justice Akenhead in the Technology and Construction Court (TCC), had to decide whether a party had adequately reserved its right to object to an adjudicator's jurisdiction

Endorsement of mediation by Court of Appeal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 22 2010

In July of this year Lord Justice Mummery in the Court of Appeal endorsed the use of mediation as a dispute resolution tool in Pennock v Hodgson 2010 EWCA Civ 873