REUTERS | Vasily Fedosenko
July 7, 2010
News from the TCC, summer 2010
REUTERS | Luke MacGregor
Last Monday, TeCSA and TECBAR held their annual joint conference with an excellent line up of speakers, including Ramsey J, who gave an informative “state of the nation” talk on the TCC, and Akenhead J, who gave an entertaining and practical perspective on early neutral evaluation in the TCC. This post summarises the highlights from Akenhead J’s talk.
REUTERS | Eduardo Munoz
Keen followers of adjudication case law will have noticed that there are now a few cases where adjudicators have been held to have breached the rules of natural justice, or tripped-up in the exercise of their jurisdiction, because they have not considered a party’s defence or part of it. I’m thinking of cases like Quartzelec Ltd v Honeywell Control Systems, Thermal Energy v Lentjes and Pilon v Bryer.
The issue has recently come before the Scottish Court of Session. Continue reading
REUTERS | David Bebber
July 5, 2010
January to June 2010, a half-year case review
The first half of 2010 has seen a number of important decisions affecting construction and engineering practitioners. Continue reading
REUTERS | Navesh Chitrakar
July 2, 2010
Yuanda judgment to be appealed?
Adjudication practitioners sat up and took notice of one judgment earlier this year: Edwards-Stuart J’s decision in Yuanda (UK) v WW Gear. (He held that a Tolent clause in the parties’ contract fettered a party’s right to refer a dispute to adjudication “at any time“, which conflicted with section 108 of the Construction Act 1996.) Continue reading
