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Global Claims Revisited - the Evidential Burden
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 31 2016

The claimant in this case was John Sisk and Son Limited ("Sisk"), who appealed against an arbitrator's award in favour of its sub-contractor Carmel


Defective work: where can an owner recover the cost of demolition and rebuilding? Liquidated damages: what is the consequence of leaving the amount payable blank?
  • Herbert Smith Freehills LLP
  • Australia, United Kingdom
  • May 23 2016

A recent Australian decision allowed the award of damages for the cost of demolishing and rebuilding an entire building because a polished concrete


Australian Construction Dispute Resolution Newsletter - December 2015
  • Herbert Smith Freehills LLP
  • Australia, United Kingdom
  • December 15 2015

In the recent past, parties have often accepted adjudication determinations as ‘the final word’ on the dispute and moved on. Increasingly, parties


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


English High Court orders disclosure of arbitration documents by agent to principal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 28 2015

In its recent judgment AMEC Foster Wheeler Group Limited v Morgan Sindall Professional Services Limited & Ors 2015 EWHC 2012 (TCC) (available here


Enforcement of dispute adjudication board's decision in FIDIC contracts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 24 2015

There have now been four court judgments in Singapore relating to the enforceability of a Dispute Adjudication Board's ("DAB") decision under the


Judicial support for dispute adjudication boards
  • Herbert Smith Freehills LLP
  • Switzerland, United Kingdom
  • January 22 2015

Three separate court decisions in different jurisdictions in recent months have given support to dispute adjudication boards (DABs) as a form of


Appointing adjudicators the limits of objection
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 26 2014

In a landmark decision, the Technology and Construction Court has refused to enforce an adjudicator's decision because the adjudicator had been


General counsel update September 2014
  • Herbert Smith Freehills LLP
  • European Union, Hong Kong, Russia, United Kingdom, USA, Australia, China
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration


UK: latest judgment illustrating the limited scope for challenging an adjudicator’s decision
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 9 2014

It is well established that the courts will not review the merits of an adjudicator's decision and will only set aside such a decision in the