I was very interested to see that the ICC has now decided to publish the identity of Arbitral panels on its website. Absent request or agreement of the parties there will be nothing more. No case name or number A thought provoking development. At … [Continue reading]
My webcast on Termination in Construction Contracts
Thomson Reuters have just published a webcast that I recorded recently Here is a trailer for it. … [Continue reading]
A Happy Christmas to all my readers
I hope that those who looked at this blog have found it interesting and helpful. In the New Year I am planning to update it weekly and add a new post per week. In parallel and in response to some suggestions that I have received I am planning to … [Continue reading]
THE NEW LAW ON PENALTIES – The effect on sectional completion and partial possession
Much has been written about the new law of penalties following the decision of the Supreme Court in Cavendish v Makdessi. The new test appears to be whether the clause is a secondary one “which imposes a detriment on the contract breaker out of all … [Continue reading]
Procedural conditions precedent to liquidated damages
In Henia Investments v Beck Interiors [2015 ] EWHC 2433 (TCC), Akenhead J. decided that under the JCT Form failure on the part of the Contract Administrator to make a decision in respect of a contractually compliant application for an … [Continue reading]
