Publications archive

Andrew Croft & Simii Sivapalan

Publication: Construction Law

Our regular round up of the court cases of most interest to construction, by Simii Sivapalan and Andrew Croft looks at a decision shedding light on how the courts interpret the NEC3 'mutual trust and cooperation' obligations; and another highlighting the perils of lengthy and document heavy contracts.

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Will Buckby

Publication: CIHT’s Transportation Consultants Directory 2017

Beale & Company appear in the CIHT Transportation Consultants Directory 2017 - our Partner Will Buckby discusses technology and transport projects and the need for legal contracts to fully consider the important role which technology plays.

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Beale & Company and Griffiths & Armour

Beale & 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 & Development at Highways Agency, Steve Bamforth of Griffiths & Armour, Keith Broughton of Hochtief and Tom Pemberton of Beale & Company.

Here we provide a summary of the key points made during the panel discussion.

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Sadaff Habib

Recently, 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 - which no doubt will be welcome news for many.

Sadaff Habib, a Solicitor in our Dubai office, discusses the draft and how it may effect arbitration law in the United Arab Emirates going forward.

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James Hutchinson

Beale & 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.

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Claire Miller and Komal Fayyaz

Last 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 Centre (DIFC). Here Claire Miller and Komal Fayyaz discuss the impact of the proposed change.

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Ian Masser and Sophie-Rose Bowen

Recent 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 competing and finely balanced judgements of rival experts, it is scrupulous that any potential or existing conflicts between an expert and the party instructing it are disclosed as early as possible.

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Andrew Croft & Simii Sivapalan

Publication: Construction Law

Our 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.

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