Articles
Battle Of The Forms & The Last Shot Principle
March 6, 2015
Whose terms regulate the parties’ contract is a familiar bone of contention between parties where there have been offers and counter-offers passing between the parties […]
Read moreWhen is an Arbitration Agreement not an Arbitration Agreement
February 25, 2015
Arbitration is a global dispute resolution forum which is diverse in legal, cultural and economic system where the parties range from governments, state owned entities, multinational businesses involved with international commercial transactions.
Read moreAmending Particulars of Claim
August 8, 2014
Amending Particulars of Claim may be tricky at best of times and worse impermissible if the amendment does not arise out of the same or substantially the same facts as are already in issue under the original action.
Read moreFact Masquerading as Law
August 4, 2014
The DAC Report on the Arbitration Bill 1996 (DAC Report) at page 286 provides:
“There have been attempts, both before and after the enactment of the Arbitration Act 1979, to dress up questions of fact as questions of law and by that means to seek an appeal on the Tribunal’s decision on the facts. Generally, these attempts have been resisted by the Courts but to make the position clear, we propose to state expressly that consideration by the Court of the suggested question of law is made on the basis of the finding of fact in the award.”
Expert Immunity – A Bygone Era
June 28, 2011
Experts should be aware that if they have been negligent in the past and/or from now on they may be pursued after the recent decision from the Supreme Court of Justice.
Witness immunity dates back over 400 years, long before the development of the modern law of negligence and the practice of forensic experts to offer services to litigants for reward. So why have the courts decided that it is now time to change that position. The general rule was that every wrong should have a remedy and that any exception to this rule must be justified as being necessary in the public interest. The court decided that it was no longer in the public interest to relieve an expert of its obligation to provide a service to its client with reasonable skill and care.
Read moreReasons in Adjudication
June 2, 2011
Reasons should be sufficient to demonstrate that the issues to be decided have been addressed.
Read moreLiquidated & Ascertained Damages
June 2, 2011
LADS Clauses should be drafted with care.
Read moreHow Effective is LCIA’s Bite on Arbitration in India?
May 20, 2011
1. Arbitration proceedings in India India’s arbitration dispute-resolution forum is renowned for its sluggish procedure. Many practitioners blame the schedules of counsel and arbitrators because […]
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