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Results: 1-10 of 30

Construction of contracts: priority of documents

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • February 22 2010

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail

Adjudication and arbitration: set-off

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • September 28 2009

The issue before the court in the following case was whether an entitlement to a sum of money under an adjudication award could be used to offset the payment of a sum of money arising out of an arbitrator’s award

Adjudication: natural justice and the slip rule

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • February 22 2010

The courts have made it clear on many occasions that provided the adjudicator is acting within his jurisdiction, the fact that he has answered the relevant factual or legal questions incorrectly, even if the error is mathematical, does not affect the enforceability of the decision

Adjudication: dispute resolution provisions in GC Works1

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • May 25 2010

In the following case, the court considered the meaning of the dispute resolution clause in the GC Works1 Form of Contract; and the use of Part 8 proceedings during an adjudication to seek a declaration that the adjudicator had no jurisdiction to hear the dispute

Adjudication: mistake in adjudicator’s decision

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • February 22 2010

As noted in our report on Rok Building Limited v Celtic Composting Systems Limited (No 2) 2010 EWHC 66 (TCC), the general position is that the court will enforce adjudicator's decisions even if the adjudicator has made an error, unless the adjudicator had no jurisdiction to decide the dispute or there has been a breach of natural justice

Time to re-draft your arbitration agreements (again)?

  • Norton Rose Australia
  • -
  • India, United Kingdom
  • -
  • September 19 2012

Two significant decisions in India and England are cause to reconsider what needs to go into an arbitration agreement and what can be discarded: Bharat Aluminium Co v Kaiser Aluminium Technical Service Inc (Bharat) and Sulamerica CIA Nacional De Seguros SA v Enesa Engenharia SA 2012 EWCA Civ 638 (Sulamerica

Limitation Act, adjudication and court proceedings

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • September 28 2009

The court in the following case had to consider the date of accrual of a cause of action in proceedings brought by the losing party to challenge the adjudicator’s decision

Adjudication and JCT

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • January 30 2009

Where: an employer terminates a contract (for contractor's default); the contractor has obtained an adjudication award in its favour; and the construction contract provides, in effect, that the employer is not required to make any further payments to the contractor following termination (for contractor's default) until the works have been completed, is the employer entitled not to pay the contractor the amount directed by the adjudicator?

Costs consequences of adopting an unreasonable stance in mediation

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • April 4 2008

In this case the court was required to consider for the first time the situation where a party has agreed to mediate but has then taken an unreasonable position in the mediation

Limitation period

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • April 24 2007

The following case analysed Article 5 of the RIBA Conditions of Engagement for the appointment of an architect

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