Articles - Arbitration and litigation

  • "Dispute avoidance and resolution"

    20 May 2009

    Simon Tolson in a paper given at the Butterworths Conference in London titled "Construction Law: Strategies, challenges and solutions to weather the economic storm" discusses how to tell if your project is heading for a dispute, how to avoid that dispute coming to a head and, if the worst happens, how to effectively manage that dispute, utilising the various dispute resolution alternatives which may be available.

  • "Experts in International Disputes"

    September 2008

    Nicholas Gould, the Chairman of the Standing Committee of the ICC Centre for Expertise discusses the appointment of experts in international commercial arbitration. In doing so he looks at some of the applicable rules and offers tips and practical advice for when working with experts.

  • "Time bars in construction and global claims"

    25 April 2008

    Simon Tolson and Jeremy Glover in a paper prepared for Video TEN (The Einstein Network) discuss the increasing importance of timebars in construction contracts, with particular reference to the FIDIC, NEC3 and JCT forms. They also review the approach of the courts to global claims following the Scottish case of City Inn v Shepherd Construction.

  • "FIDIC: an overview - The latest developments, comparisons, claims and force majeure"

    11 September 2007      

    Jeremy Glover, in a paper given at the Construction Law Summer School 2007, held at Queen's College Cambridge, provides an over-view on the history and development of the FIDIC form of contract. The paper then goes on the review the different ways in which the employer and contractor are treated when it comes to making claims. This section includes a brief discussion on the different approaches under the civil codes and common law jurisdictions, which leads to a short comment about the treatment of force majeure.

  • "Are you ready for the new construction pre-action protocol?"

    6 April 2007

    On 6 April 2007, a revised pre-action protocol for construction and engineering disputes came into force. Jeremy Glover highlights the changes and discusses their likely impact.

  • "The Technology and Construction Court today – A TeCSA solicitor's view"

    January 2007

    Simon Tolson, in a paper given at a joint TeCSA/TECBAR conference in Birmingham, sets out a number of practical tips learnt over the years in his dealings with the Technology and Construction Court. Amongst the topics covered are the construction and engineering pre-action protocol, case management conferences and fast-track cases. The paper ends with a case study which demonstrates the adaptability of the Technology and Construction Courts and the need for adaptability on the part of those using them.