Articles
Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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Professional Services Contracts – what is the new consensus? Summary of key points made during the panel discussion 6 April 2017
June 2017Beale & Company and Griffiths & Armour hosted a panel led discussion earlier this year entitled ‘Professional Services Contracts – what is the new consensus?’. We were honoured to have Rosemary Jackson QC of Keating Chambers chair the panel of speakers. They consisted of Derek Turner, former Deputy Chief Executive and Director of Network Delivery… Read More >
A new arbitration law for the United Arab Emirates – third time lucky?
June 2017Recently, it was announced that a new draft arbitration law has been submitted to His Highness Sheikh Khalifa bin Zayed bin Sultan Al Nahyan for his approval and that the law is likely to come into effect before the end of 2017. The draft law is said to be based on the UNCITRAL Model Law… Read More >
Beale & Company advises on sale of Sinclair Johnston & Partners to Byrne Looby
June 2017Beale & Company acted for the shareholders of structural consultant Sinclair Johnston & Partners, on its acquisition by global civil engineering consultant Byrne Looby. James Hutchinson, a corporate Partner at Beale & Company, led the team advising the shareholders, and comments on this successful case. To read the full article, please click on the link… Read More >
Dubai International Arbitration Centre’s Default Seat of Arbitration
May 2017Last year, DIAC released a draft set of new rules, the DIAC Arbitration and Conciliation Rules 2016 (the “DIAC Rules 2016”) for public consultation and it has recently indicated that the revisions to its rules will include a change to the default seat of arbitration from the ‘onshore’ Dubai to the ‘offshore’ Dubai International Financial… Read More >
Expert conflicts – the importance of an expert disclosing their history of dealing with the person on whose behalf they are acting
May 2017Recent case law has highlighted that a failure to elicit early disclosure of any conflict of interest between an expert and the party instructing it may influence the judge’s assessment of what weight to give to the expert evidence. As confidence in the independence and impartiality of experts plays an important role when evaluating the… Read More >
Reports from the Courts
May 2017Our regular review of the cases of most interest to construction from Andrew Croft and Simii Sivapalan focuses on a ruling that highlights the importance of keeping an eye on limitation periods when counterclaims may be likely; and one that underlines the importance of issuing payment and/or pay less notices in time. To read the… Read More >
Consultants’ Roundtable – Opportunities and Challenges for Consultants in the UAE
May 2017In March 2017, Beale & Company (Middle East) hosted its first in a series of industry focused roundtables for our consultant clients and friends. The roundtable was held under the Chatham House Rule and provided an opportunity for consultants to share opportunities in the UAE and wider region and to debate the challenges they face… Read More >
FIDIC Suite of Contracts: Updates to the Red, Yellow & Silver books
May 2017At the International Contract Users Conference held in London from 6 to 7 December 2016, FIDIC unveiled its proposed revisions to the 1999 Rainbow Suite of standard form contracts including the issuance of a pre-release version of the second edition of the Yellow Book, the contract used for the provision of electrical and/or mechanical plant… Read More >
CPR Part 36 beware – enhanced interest on damages and indemnity costs
April 2017In the case of OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195, the Court of Appeal considered the rate of interest on damages and indemnity costs that it should award under CPR 36.14 when a defendant does not accept a claimant’s Part 36 offer and the claimant beats this offer at trial.… Read More >
Enforcement proceedings – guidance on challenging an adjudicator’s decision
April 2017According to section 108(3) of the Housing Grants, Construction and Regeneration Act 1996, an adjudicator’s decision is binding until finally determined by litigation, arbitration or agreement between the parties. Giles Tagg and Melissa Evans discuss this and how it impacts cases such as Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517. To… Read More >