Case Law Update Issue 5 (2010)

ADJUDICATION

Construction Law Journal Vol. 26 Issue 4 2010

contains the following articles:

Construction Act Review by Peter Sheridan, Sheridan Gold comprises a Slip Rule Update, reviewing recent case law, notably YCMS v Grabiner (Gaynor Chambers) and O'Donnell Development v Build Ability (Stephen Furst QC).

Adjudication at the crossroads: The Construction Act – one size fits all? by Mark Atherton, Knowles a revised and updated version of the article which appeared in the previous edition of Con LJ.

Construction Law Vol 21 Issue 6 July 2010

contains the following articles:

The GC/Works/1 adjudication provisions by Andrew Shelling, Pinsent Masons.

A new era for enforcement by Ann Levin and William Glynn, Herbert Smith.

Dispute Review Boards in UK construction by Jameel Tarmohamed, Clyde & Co.

See Speymill Contracts v Baskind under Keating Chambers Reported Cases on evidence of fraud or deceit as grounds for resisting adjudication enforcement.

See Cleveland Bridge v Whessoe-Volter Stevins under Keating Chambers Reported Cases on the effect of s.105(2) HGCR Act on a LNG terminal steel and pipework subcontract.

See Yuanda (UK) v WW Gear under Keating Chambers Reported Cases on disapproval of Tolent clauses under s.108 HGCR Act.

ARBITRATION AND DISPUTE RESOLUTION

International Arbitration Law Review Vol. 13 Issue

contains the following articles:

International Investment Treaties and Arbitration as imbalanced instruments: a revisit by Tra Pham, Catholic University of Leuven.

Revision of the UNCITRAL Arbitration Rules: further steps by Guidiffa Cordero Moss, University of Oslo.

Comparing institutional arbitration rules: differences and similarities in a developing international practice by Benedetto Coppo, Milan Arbitration Chamber.

Trends in documentary evidence and consequences for pre-arbitration document management by Lukas Wyss, Bratschi Widerkehr & Buob, Berne.

Construction Law Vol 21 Issue 7 August 2010

contains the following articles:

Paying the price for pre-action expert shopping by Hamish Lal and Katherine Robinson, Jones Day.

The severability of adjudicator's decisions by Jane Fender-Alison, Dundas & Wilson.

Using statutory demands By Jane Hughes, Collyer Bristow.

Insurance contracts and the rights of third parties by John Wright, JD Risk Associates.

Time Bar Provisions

Anglian Water Services Ltd v Laing O'Rourke Utilities Ltd [2010] CILL 2873 TCC Laing O'Rourke's solicitors had confirmed safe receipt of a faxed notice of dissatisfaction and Notice of Intention to Refer to Arbitration from Anglian. They then sought to argue that these were not validly served and therefore Anglian were time-barred in pursuing the arbitration. The court held that the service was valid but confirmed that Anglian would have been time-barred if this were not so. They could, however, have then sought an extension of time under s.12 Arbitration Act, since it would have been unjust to apply the time bar inflexibly when Anglian had been led to believe that the service was validly made.

Construction Law Journal 2010 Vol 26 No 5

contains the following articles:

Growth of dispute avoidance procedure in the construction industry: a revisit and new perspectives by MS Mohd Danuri, SM Shaik Mohd Hussain, NE Mustaffa and MS Jaafar.

The proposed new Arbitration Law of Hong Kong by Stephen Mau, Hong Kong Polytechnic University.

Arbitration Vol 76 No 3 August 2010

The first 10 articles are papers from the London Maritime Arbitration Association 2010 Conference.

The issue also contains the following articles:

Court intervention in arbitration: support or interference? by John Laurie, Dechert.

The circumstances in which an adjudicator's decision is unenforceable or inappropriate in construction disputes by Daniel Brawn, Kuit Steinart Levy, Manchester.

To order specific performance by Robert Gemmell, MCMS, Birmingham.

The without-prejudice rule in England by David Altaras, 36 Bedford Row.

Cultural nuances in mediating commercial disputes in Nigeria by Funmi Roberts, Nigeria.

Can separability save Competenz-Competenz when there is a challenge to the existence of a contract? by Kristy Haining, Freehills, Melbourne and Bruno Zeller, Victoria University.

Styles and effectiveness of negotiation by James Savory, Rapproche.

The revised IBA Rules of Evidence by Peter Rees, Debevoise & Plimpton.

How effective is LCIA's bite on arbitration in India? by Anthony Edwards, Chancery House, Chambers Leeds.

Dispute resolution developments in Bahrain: creation of a new arbitral institution and introduction of a form of statutory arbitration by Adam Vause and Henry Quinlan, Norton Rose, Dubai.

Global initiatives to promote efficiency by Michael McIllwraith, GE Oil & Gas, Florence.

Arbitration Law Monthly Vol 10 No 7 August 2010

contains the following articles:

Appeal against award on Papas Olio v Grains & Fourrages in the CA on the FOSFA time bar provisions.

Serious irregularity on Double K Oil Products v Neste Oil Oyj on allegations of fraud and suppression of evidence.

Jurisdiction on Lidl v Just Fitness on whether unresolved issues can be reopened after award.

Jurisdiction on Habas Sinai v Sometal on whether an arbitration clause can be...