Don't put it off

Article Abstract:

UK courts are beginning to take a tougher stance on last-minute out-of-court settlements, which can be very disruptive to the administration of justice. Judges recognize that the parties to a dispute may be unwilling to negotiate, as this could be interpreted as backing down. However, the courts are now issuing a clear message that both sides in a dispute have a duty to explore a settlement long before the case comes to court. Any company involved in arbitration or litigation should make it clear that it sees it as its duty to discuss settlement.

Management, Compromise and settlement, Settlements (Law)

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Riding to the rescue

Article Abstract:

The present arbitration system in Scotland should be replaced with an 'intervention' or 'interaction' procedure, according to RICS felow Ian Strathdee, in a paper entitled 'A New Scottish Arbitration Procedure.' He believes that the arbitrator should become directly involved in the dispute, visiting the claimant's office and instigating meetings between the claimant and a representative from the opposition respondent. A proactive, interactive arbitrator would play a key role in dispute resolution.

Scotland, Commercial arbitration agreements

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Last chance saloon beckons builders

Article Abstract:

About 291 UK property developers went into receivership during 1991. This has had adverse effects on contractors, subcontractors and suppliers and caused cash flow problems. Legal remedies, such as adjudication procedures seem ineffective for subcontractors. Subcontractors face a double threat of insolvency from the main contractor and the employer. The reasonableness of pay when paid theory needs to be reviewed.

Construction industry, Finance

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