Expert determination

Article Abstract:

UK construction industry disputes can be resolved by arbitration or expert opinion, although courts are less inclined to disagree where an expert has made up a report. Courts will challenge expert opinion if it has been proved the expert did not follow specific instructions laid down by both parties or if evidence of collusion or fraud has been found to take place. Expert opinion is usually of more benefit if both parties have total confidence in an appointed expert and will agree to abide by the submissions reported by the expert.

United Kingdom, Evidence, Expert, Expert evidence

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Did we have a deal?

Article Abstract:

Two recent Court of Appeal cases, Birse Construction vs St David and Ahmad Al-Naimi vs Islamic Press Agency Inc, highlight the fact that serious legal problems can arise when there is a dispute between a contractor and an employer about whether a contract was actually made. It is vital to ensure that a contract is clear if future disputes are to be avoided. If no contract exists, there will be no binding arbitration clause to give an arbitrator jurisdiction.

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Rough and tumble

Article Abstract:

Issues are presented concerning the differentiation between the normal pressures of commercial bargaining and illegitimate pressures which cause economic duress. The renegotiation of contracts is discussed.

Duress (Law), Coercion (Law)

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