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Article
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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Article
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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Article
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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Article
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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Article
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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Article
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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Article
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).
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Article
Essential Living (Greenwich) Ltd v Elements (Europe) Ltd
In Essential Living (Greenwich) Ltd v Elements (Europe) Ltd it was decided an adjudicator lacks jurisdiction to determine matters which are (substantially) the same…
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Article
FTH Ltd v Varis Developments Ltd
In FTH Ltd v Varis Developments Ltd it was decided a summary judgment should not be ordered to enforce the adjudicator’s decision.