In Costain v Tarmac, the TCC set out useful guidance on the application of the duty of good faith and clause 10.1 of the NEC3 conditions. The court found that Costain had not made out its case on estoppel in relation to Tarmac’s limitation defence, but it went on discuss whether the existence of a mutual … Continue reading What does the duty to act “in the spirit of mutual trust and co-operation” really mean?
If you are unaware of the recent decision in Grove Developments Ltd v Balfour Beatty Regional Construction Ltd then take note. This is a decision that could have a significant impact on the construction industry.
Adjudication‘s key selling point is that it is relatively quick and low-cost compared to other forms of dispute resolution, such as High Court litigation. However, the costs are not inconsiderable, and with adjudicators rarely given the power to award parties their own costs, successful parties in adjudication rarely recover those costs. This year we have … Continue reading Adjudication: Late Payments Act no route to recovering costs
DNB Bank ASA v Gulf Eyadah Corporation and another has provided further clarity on the recognition and ratification of foreign awards and has, for now, drawn a line between the recognition and enforcement of arbitral awards and the recognition and enforcement of foreign judgments in the DIFC court.
It seems that barely a week goes by without another high profile cyber breach (Ebay, JP Morgan Chase, Home Depot and Sony, twice, spring to mind). However, for every high-profile cyber-attack, there will be tens or hundreds of unreported phishing scams, malware intrusions and data losses stemming from employees (whether inadvertent of malicious). Cyber security … Continue reading It is not a matter of “if” but “when” – cyber security in the construction industry
Arbitration is an investment and, like any investment, one must assess the risks against the benefits. Such an evaluation often focuses upon the merits of the legal and commercial issues in dispute. A recent case heard by the Court of Appeal in Dubai (Case No. 371-203) provides a reminder that on top of the over-arching … Continue reading The simple things – enforcement of arbitration awards in the UAE