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When is a conflict not a conflict?

Conflicts of interest are a hot topic in adjudication and in international arbitration, says guest editor Shona Frame of MacRoberts, who examines the advice given on what exactly constitutes a conflict. If it looks like a conflict, it probably is, she suggests.

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Court limits enforcement of arbitral awards

The courts have been staunch supporters of enforcing arbitration awards but, as David Owens of Clyde & Co argues in our latest alternative dispute resolution series article, there are limits.

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Contractors’ third party insurance

Insurance expert John D Wright of JD Risk Associates examines the contractor’s third party cover available in the market. Problems can arise with cross-liability clauses and custody and control exclusions, he warns.

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Rail industry – full steam ahead?

Ben Mullard and Jennifer Webb of Beale & Company examine the burgeoning and fast changing railway projects market, where a new stress on collaborative working is bringing alliancing contracts to the fore. The drive towards the use of Building Information Modelling is also having an impact.

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No false starts allowed

Vijay Bange of Trowers & Hamlins examines a decision that shows the courts will support parties’ right to lay down in their contracts how they will resolve their disputes. The decision also provides useful guidance on drafting clauses relating to dispute resolution.

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Execution – and how to survive it

Execution is the one common feature to every transaction and the same issues come up time and time again. Jonathan Bowley and George Fisher of Eversheds provide a useful reminder of the basics and some potential pitfalls.

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Developments in arbitration in Scotland

The Arbitration (Scotland) Act 2010 came into force in June 2010. Shona Frame of MacRoberts looks at the reported cases on arbitration under the new regime that have given insight into the Scottish court’s approach.

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Construction law in 2014 – a review

The courts were again focussed on issues concerning notice provisions and condition precedent clauses in construction contracts last year, as Adam Latner of Pinsent Masons reports in this review of the highlights of 2014.

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No cause to jump for joy

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his analysis of the JCT Management Building Contract 2011, focusing on termination of contracts in the event of employer insolvency, and other possible termination events.

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Reports from the courts: January 2015

In our latest reports from the courts Andrew Croft and Jennifer Webb of Beale & Company focus on a Scottish court ruling with relevance for adjudication in England; and on a rare example of a dispute under FIDIC contracts coming to the courts.

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