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Article
Collateral warranties and the ability to adjudicate
This article details a highly anticipated Supreme Court judgment for the construction industry, which provides clarity for the use of adjudication under collateral …
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Article
Making mediation work for you
For any mediation to be effective the right people need to attend. Here we explain why good mediation preparation should include considering who should make up your…
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Court of Appeal holds that English courts can compel parties to engage in ADR
Last month, the Court of Appeal confirmed that English courts can order a stay of civil litigation and compel parties to engage in “non-court-based” dispute resolut…
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Article
Counterclaims and ICSID: Are counterclaims by States against investors increasing at ICSID?
The number of counterclaims filed by States in ICSID treaty proceedings has increased markedly in the last five years. We explore what this could mean for internati…
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Frequently-asked questions about mediation in commercial disputes
We answer some of the most common questions concerning mediation and discuss if it is really the best way to avoid costly court proceedings.
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Adjudication enforcement: to challenge, or not to challenge?
The TCC has adopted a robust attitude to the enforcement of adjudicators’ decisions and will generally enforce any decision made by an adjudicator who had jurisdict…
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An adjudication within an adjudication? Jurisdiction or not?
Peter Vinden discusses the recent case of AM Construction Limited and The Darul Amaan Trust and the implications it has for future adjudications.
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TCC reaffirms guidance on effectively challenging an adjudicator’s decision
The recent decision of Metropolitan Borough of Sefton v Allenbuild Limited provides useful guidance upon effectively challenging an adjudicator’s decision.
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Landmark adjudication case has big implications for collateral warranties
Conventional thinking on the rights of beneficiaries seeking redress under collateral warranties has shifted dramatically following a landmark Court of Appeal judge…
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What is the extent of the temporary binding effect of an adjudicator’s decision?
This article provides an insight into part of the judgment of Essential Living (Greenwich) Limited v Elements (Europe) Limited [2022] EWHC 1400 (TCC).