Know your terms

Article Abstract:

A case study of 'Technip-Coflexip & Others v Tube Tec International, Court of Appeal' is presented, indicating that it is particularly useful to avoid agreeing to pay for a service over the Christmas period, at a time when everybody is on vacation. It is a valuable lesson for all that sophisticated commercial organizations can agree detailed written terms that are ambiguous about something as basic as what is being supplied and how it is to be charged.

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Changes are afoot to wake up any napping dispute-busters

Article Abstract:

The Chartered Institute of Arbitrators (CIA) has a new royal charter signed by the Queen, which includes an arbitration clause, requiring the president of the CIA to appoint an arbitrator if the parties are unable to agree on one. The proposed guide of the Technology and Construction Court (TCC) reiterates the role of the pre-action protocol for construction disputes.

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New 100 day procedure may tip up the adjudication bandwagon

Article Abstract:

The 100 Day Arbitration Procedure, an effort under the Arbitration Act since the year 1996, acts as a wake-up call to those who have mesmerised by the lure of adjudication. The Arbitration Act is the result of a private initiative and funded by commercial concerns who wanted a user-friendly code for all commercial arbitrations.

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