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Results: 1-10 of 59

Japan dispute avoidance newsletter - (number 158)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 7 2015

In a recent decision handed down on 4 November 2015 (concerning two appeals heard together) the UK Supreme Court has in effect re-written the rule on


Privy Council rules on FIDIC clauses
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 2 2015

In this newsletter we report on the recent case of NH International v National Insurance where the Privy Council ruled on the operation of certain


枢密院FIDIC 条項について判断
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 2 2015

今回のニュースレターでは先般NH International v National Insurance 事件で下された枢密院の判断について取り上げ ますこれはFIDICレッドブック にある幾つかの条項の作用に


Construction of inconsistent contract documents
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 30 2015

A construction contract typically comprises a set of contract conditions which are accompanied by technical documents such as the employer's


Construction newsletter - (number 78)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 31 2015

An employer cannot rely upon a contractor's failure to comply with a condition precedent for commencing arbitration, if the employer's action caused


The new LCIA rules
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 6 2014

The London Court of International Arbitration (LCIA) has formally adopted new Arbitration Rules which came into effect on 1 October 2014, and will


English Court of Appeal: The valuation of omitted works should not account for any breach of contract
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 29 2014

This is the second case between MT Hojgaard AS ("MTH") and E.ON concerning the construction of the Robin Rigg East offshore wind farm in the Solway


Nominated subcontractors
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 30 2014

International construction contracts often contain provisions which oblige the main contractor to engage a subcontractor that has been pre-selected or is subsequently nominated by or on behalf of the client


Fitness for purpose obligations take precedence over specification
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 30 2014

In the recent case in the English High Court of MT Hojgaard v E. ON1, it was held that a fitness for purpose obligation in a construction contract


English High Court affirms basis upon which it will prevent a call being made under an on-demand bond
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 3 2014

In our March 2013 newsletter we explained, amongst other things, the characteristics of an "on-demand" (as opposed to a "conditional") bond provided