The latest edition of Outlook, from the 39 Essex Chambers Commercial and Construction Group is now available. It covers the following:
The proper law of an arbitration agreement, following the handing down of the Supreme Court’s judgment in Enka v Chubb. Steven Lim, Ben Olbourne, Niraj Modha and Philippe Kuhn consider in detail what the Supreme Court decided and what it may have left open for another day.
Alexandra Bodnar and James Bradford explore the High Court’s recent decision in Yuanda (UK) Company Limited v Multiplex Construction Europe Limited. The dispute has the potential to shake up the UK construction performance bonds market.
Examination of the substantial cooperation between provider and customer necessary to implement enterprise resource planning (“ERP”) software. Systems such as SAP or Oracle, make such projects ripe for disputes. Karishma Vora considers the common pitfalls which arise when companies enter into contracts for such products.
The full edition of Outlook is available here.