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Articles by Kirsti Olson
Adjudication and collateral warranties
In our latest article in the Alternative Dispute Resolution series published by Construction Law, Kirsti Olson considers the implications for ADR arising from a landmark Supreme Court decision. In a standard construction package, it is common for the building contractor to have an obligation to procure collateral warranties in favour of key third parties (typically funders, owners and tenants).
Mediation’s star continues to rise
Work to embed mediation in the dispute resolution (DR) process is picking up pace: The Civil Mediation Council is setting up a new board to advise and develop standards for mediation, trainers and organisations within its remit. The Damages Claims and Online Civil Money Claims services are enabling swifter claims processing. The latter includes an opt-out provision for mediation with mandatory mediation planned.
Time to mandate adjudication pupillage?
The King’s College London and Adjudication Society Report: 2023 on Adjudication is due to be published in November 2023. The 2022 report raised awareness of the lack of diversity within practising adjudicators. This incited positive change. However, more needs to be done. What further reform might be encouraged? One area of possible discussion is the increased need to help aspiring adjudicators bridge the gap between theoretical training and practical experience by the use of pupillage schemes.
Offshore construction disputes: can they be avoided?
By Kirsti Olson, Dentons partner ACCORDING to Offshore Wind Scotland, there are currently seven operational offshore wind farms or demonstration projects in Scottish waters, with a pipeline of up to 42GW to come, all potentially deliverable before 2035. Similarly, in 2022 OEUK reported a rise in offshore decommissioning expenditure, predicting a three-to-four-year surge in operations, with topsides and subsea infrastructure removal forming a significant portion of the activity.
Tackling poor payment practices and raising awareness of ADR tools
In the latest alternative dispute resolution series article for Construction Law, Kirsti Olson looks ahead to the results of the government’s Payment and Cashflow Review. Late payment in the UK construction industry is a perennial problem, particularly so for the many small businesses in our industry. The UK construction industry is now increasingly dependent on the innovative solutions that small businesses offer.
International arbitration in the modern era
In the alternative dispute resolution series article for Construction Law (November edition), Kirsti Olson reported on a modern approach to arbitration as seen in new arbitration rules from Scotland. The 25th Congress of the International Council for Commercial Arbitration (ICCA) recently took place in Edinburgh.
The UK's approach to climate change – and how the construction industry can help achieve net zero targets: an overview | JD Supra
A general overview of the UK's approach to climate change in the run-up to COP26, the measures being put in place to ensure the UK reaches its net zero targets and how construction can play its part in reaching those targets. The international background A body of international agreements lie behind the key climate-related EU and UK laws. For example, The Montreal Protocol in 1987 dealt with how to phase out a large group of "ozone-depleting substances".
Two birds, one gavel: D McLaughlin & Sons Ltd v. East Ayrshire Council | JD Supra
Just before the end of 2020, Lord Clark issued his decision in a case which considered whether or not an action raised to enforce the decision of an adjudicator could also be used to finally determine the dispute between the parties. The circumstances in which this might happen have already been considered by the English courts. Lord Clark was tasked with considering whether the same principles should be extended to Scotland.
Dealing with insolvency in the construction supply chain (UK focus) | Lexology
United Kingdom
November 6 2020 This round-up collates the information, analysis and guidance relating to insolvency issues shared by our Construction and Restructuring, Insolvency and Bankruptcy teams during the COVID-19 pandemic. For further information on any of the issues below, please get in touch with one of the Key Contacts. Few construction projects have been left untouched by the effects of the coronavirus (COVID-19) pandemic.
Adjudicator's Use Of Third Parties
To print this article, all you need is to be registered or login on Mondaq.com. In December 2019, Scottish Construction Now published an article by Kirsti Olson discussing the case of Dickie & Moore Limited v.
Severance Of An Adjudicator's Decision Following A Successful Partial Challenge
To print this article, all you need is to be registered or login on Mondaq.com. The Scottish courts have always taken the view that an adjudicator's decision should be enforced, unless there is good reason not to. Challenges are scrutinised carefully. In the recent case of Dickie & Moore Limited v. The Lauren McLeish Discretionary Trust (12 September 2019 and 8 November 2019), part of an adjudicator's decision was successfully challenged.
Severance of an adjudicator’s decision following a successful partial challenge | Lexology
United Kingdom
February 27 2020 The Scottish courts have always taken the view that an adjudicator’s decision should be enforced, unless there is good reason not to. Challenges are scrutinised carefully. In the recent case of Dickie & Moore Limited v. The Lauren McLeish Discretionary Trust (12 September 2019 and 8 November 2019), part of an adjudicator’s decision was successfully challenged. The judge then had to decide whether the rest of the decision could still be enforced.
Use dispute resolution clauses: prevent aggro and promote settlement | Lexology
United Kingdom
February 26 2020 When disputes arise, it can be difficult for parties to agree on how to resolve them. Human nature being what it is, emotions can prevail. Perversely, whether right or wrong, a party might want to make life as hard as possible for the other party. Or, a defending party with no cash to meet the liability might put its head in the sand rather than find a way forward. Such tactics could be justifiable but are often dubious.
Legal issues for UK construction businesses - July 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Immigration rules after Brexit could disrupt labour supply in the UK construction industry severely. What are you doing to minimise this risk? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Litigation and ADR procedure news for in-house lawyers: UK Construction Focus - Expert evidence | Lexology
LCIA recommendations on how to maximise the use of experts in arbitration proceedings The London Court of International Arbitration (LCIA) has issued a note reviewing the various ways in which experts are used in international arbitration proceedings and the opportunities those methods present for more effective and efficient decision-making. You can read more here: LCIA recommendations on how to maximise the use of experts in arbitration proceedings.
Litigation and ADR procedure news for in-house lawyers: UK Construction Focus - Alternative dispute resolution news | Lexology
In Griffin v. Wainwright and another [2017] EWHC 2122 (Ch), the High Court set aside an expert determination on the grounds of procedural unfairness. After completing her original determination, but before releasing it, the expert had communicated with one of the parties (G) but not informed the other party, W, of those communications. The expert later revised her determination and then released it.
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