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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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 >
IChemE publishes new Silver Book professional services contract to complete its set of standard forms
April 2017Tom Pemberton and Nadir Hasan highlight key points which those considering entering into a Silver Book appointment should consider. To read the full article, please click on the link below.
New UK Payment Reporting Regulations in Force
April 2017New regulations came into force on 6 April 2017 requiring large LLPs and companies to report on their payment practices and performance. Whilst compliance with the reporting obligations will be seen as an additional administrative burden, they could help improve the pan-industry issue of late payment. In a Beale & Company first, Associate, Andrew Croft,… Read More >
Formal borders? Landscaping the Duty of Care in the absence of contract
April 2017The Court of Appeal in Lejonvarn v Burgess recently considered the circumstances in which a duty of care in tort can arise in the complete absence of a contract or, indeed, any intent to form a contract. Giles Tagg discusses this case and how a duty of care can arise in tort between parties in… Read More >