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Construction and materials industries

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Court parts twin pilers of Hercules

Article Abstract:

The Commercial Court's decision in the arbitration claim of Herkules Piling against Tilbury Construction illustrates the confusion which can arise when companies are taken over. Before the claim was made, Herkules was taken over by Balken Piling which made an assets purchase agreement, effectively buying all of Herkules' property and assets. Balken changed its name to Hercules Piling. This information led to Tilbury's case that the new company could not claim on behalf of Herkules. The decision of the arbiter was in favour of Hercules but this was reversed on appeal.

Author: Lloyd, Humphrey
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
Cases, Acquisitions and mergers, Commercial law

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Reasons to settle disputes in Scotland

Article Abstract:

Scottish arbitration law has been reformed by the acceptance of international arbitration laws set up by theUnited National Commission on International Trade Law. The new Act focuses on international rather than domestic arbitration. The Scottish Council for International Arbitration is undecided whether England can be counted as a foreign state in international arbitration proceedings. It would be beneficial for UK arbitration parties to use Scotland as the venue for proceedings as legal and technical resources are superior to those in England.

Author: Lloyd, Humphrey
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1993
Negotiation, mediation and arbitration, Scotland

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Commercial Court clears up JCT80

Article Abstract:

The UK Commercial Court made an important decision concerning a joint contracts tribunal 1980 contract for an extension of time in 1992. It decided that extensions of time for relevant events were to be backdated. It is deemed unfair for the employer to lose damages because of the request for a variation for delay which was his fault. A fair extension of time was the main focus of the arbitration.

Author: Lloyd, Humphrey
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1993
Construction, Contracts, Design and construction, Building, Breach of contract

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Subjects list: Laws, regulations and rules, Commercial arbitration
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