End of a long-lasting debate on the legal nature of arbitration agreements in Turkey?

In its recently published decision, numbered 2016/2 E and 2018/4 K and dated 13 April 2018, the General Assembly of Civil Chambers in Turkey decided that an arbitration agreement had a procedural nature. As a result, arbitration awards stemming from arbitration agreements signed before 1 October 2011, the date the new Civil Procedural Code (new CPC), …

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Anti-suit injunctions in international arbitration: the Swiss approach (Part 1/2)

Introductory remarks Anti-suit injunctions may take different forms: for example, a party may seek an injunction from an arbitral tribunal to prevent or restrain another party from commencing or continuing competing proceedings in national courts in breach of an arbitration agreement; a party may also seek an injunction from a court at the seat of …

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Time bars under FIDIC 2017 – are more notices the answer?

Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status …

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I’ve started, so I’ll finish: discontinuing arbitration claims

Enforcing an international arbitration award is a matter of utilising the New York Convention in the domestic courts. Discontinuing arbitration claims, however, is getting complicated. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards celebrated its 60th birthday in June 2018. Through the Convention, signed on 10 June 1958, 159 state …

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Costs budgets and hourly expense rates: the rigmarole returns

Everything sorted: that is what appeared to be the case with solicitor’s hourly expense rates and costs budgets after Jacobs J gave his judgment in Yirenki v Ministry of Defence: “It is clear from [paragraph 7.3 of Practice Direction 3E to CPR 3.15] that the ultimate goal of the costs budgeting exercise is for there …

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Third party funding in arbitration: indirect reforms in Nigeria

Followers of this blog will be aware that third party funding (TPF), by which a commercial fund finances the costs of proceedings in return for a share of any damages awarded, is increasingly widespread with a number of jurisdictions taking the necessary steps to introduce it into their law as they look to increase their attractiveness …

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Using privacy by design to build GDPR resilience in existing business systems

PLC Magazine recently published a thought-provoking article, Data protection: privacy by (re)design, by Sylvain Magdinier and Claire Walsh of Marshall Denning. The piece provides a thorough analysis of one of the most challenging concepts of the EU General Data Protection Regulation (GDPR), privacy by design (PbD) under Article 25. PbD is not new under the …

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The primacy of insolvency law over construction law

With the Court of Appeal’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd just a few weeks old, it is hardly surprising that people are looking again at the relationship between insolvency law and adjudication, noting that in cases of liquidation where parties have a cross claim, construction law defers to insolvency …

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Consequential corrections are covered by adjudicator’s slip rule

The slip rule is an essential part of the adjudicator’s toolbox, for situations when a mistake has crept into our decision or, as I put it back in 2011: “It is a handy implied term for those occasions when adjudicators make a mistake.” It took on statutory form in 2011 with section 108(3A) of the Construction …

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