10 November 2006

Jeremy Glover, in a paper given at the IBA Construction Conference, Construction Projects From Conception to Completion, held in Brussels, discusses the different approaches to the concepts of good faith and force majeure to be found under Common Law Jurisdictions and under the Civil Codes. This highlights one of the potential difficulties with international projects, namely that contracts are entered into or governed by laws which may be unfamiliar to one or other of the contracting parties. Therefore, it is important that assumptions are not made as to what particular clauses mean and as to which legal principles can be implied into a particular contract.

31 May 2006

Yann Guermonprez discusses how the arbitral tribunal should determine procedural law and looks at the question as to how one determines the seat of an arbitration in the absence of agreement. 

11 March 2005

In an article appearing in Building Magazine, Jeremy Glover sets out some of the key implications for those advising construction managers arising out of the case of Great Eastern Hotel v Laing. The article also confirms just how important it is that every expert instructed in litigation (or arbitration) proceedings understands and complies with the primary duties that they owe to the Court or tribunal.

17 September 2003

In a paper prepared for the south-east branch of the Chartered Institute of Arbitrators, Jeremy Glover discusses ADR, the role of the expert witness, costs and case management - four key issues for anyone dealing with disputes.

Technology & Construction Court and the Civil Procedure Rules practice today
24 February 2003

Simon Tolson considers some of the main changes to construction litigation practice since the implementation of the Woolf reforms, in a paper given at the Central Law Training Construction Law Conference. The paper focuses on the pre-action protocol for construction and engineering disputes, adjudication enforcement and Technology & Construction Court practice, the case management conference and the role of the expert witnesses.
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Arbitration: Down but not out
April 2003

In a construction programme for Video TEN (The Einstein Network), Ted Lowery looks at the question of whether or not there has been a decline in the number of domestic construction arbitrations. He also summarises the objectives and principles behind the Arbitration Act of 1996.
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