CBBG Group Construction Expert Services - A Vertex Company’s Post

📰 NEWS: 𝐂𝐨𝐧𝐰𝐚𝐲, 𝐃𝐨𝐧𝐨𝐯𝐚𝐧 & 𝐌𝐚𝐧𝐥𝐞𝐲, 𝐏𝐋𝐋𝐂 𝐖𝐞𝐥𝐜𝐨𝐦𝐞𝐬 𝐭𝐡𝐞 𝐇𝐨𝐧𝐨𝐫𝐚𝐛𝐥𝐞 𝐂𝐡𝐫𝐢𝐬𝐭𝐢𝐚𝐧 𝐅. 𝐇𝐮𝐦𝐦𝐞𝐥 𝐀𝐬 𝐅𝐢𝐫𝐦 𝐋𝐚𝐮𝐧𝐜𝐡𝐞𝐬 𝐍𝐞𝐰 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞. Hummel, newly-retired U.S. Magistrate Judge, will focus on the firm’s new mediation and arbitration practice. Read Full Press Release Here ➡️ https://lnkd.in/epBPfhiZ

📰 𝗝𝗲𝗻𝗻𝗶𝗳𝗲𝗿 𝗛𝗮𝘆𝘄𝗼𝗼𝗱 𝘄𝗿𝗶𝘁𝗲𝘀 𝗳𝗼𝗿 𝗟𝗲𝘅𝗶𝘀𝗡𝗲𝘅𝗶𝘀 📰 In her latest analysis for LexisNexis UK, Jennifer Haywood writes, "𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯 𝘰𝘳 𝘯𝘰𝘵 𝘢𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯?" and explores the practical implications of 𝘉𝘶𝘨𝘴𝘣𝘺 𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘓𝘓𝘊 𝘷 𝘖𝘮𝘯𝘪 𝘉𝘳𝘪𝘥𝘨𝘦𝘸𝘢𝘺 (𝘍𝘶𝘯𝘥 5) 𝘊𝘢𝘺𝘮𝘢𝘯 𝘐𝘯𝘷𝘵 𝘓𝘵𝘥. An agreement varying a litigation funding agreement contained a clause providing that any party shall be entitled to resolve a dispute by referring it to a KC who would be instructed to provide a final and binding opinion. The court held that the claimant did not have a good arguable case that the clause was an arbitration agreement, and the court could not, therefore, appoint an arbitrator pursuant to section 18 of the Arbitration Act 1996. Click here and register for one week of free access to read Jennifer’s article: https://lnkd.in/gEFSNFaK 💻️ https://lnkd.in/gcs8jx5a

Happy to share that my article 'Non-compliance of Security for Costs Orders' has been published in the Journal of International Arbitration. For all of my arbitration friends, I would be interested to hear your thoughts! And for those not in arbitration, I would not recommend... 🤣 (article can be found at this link soon https://lnkd.in/eJwBD4A7).

Earlier this week the London Court of International Arbitration (LCIA) published the third tranche of decisions on challenge applications under the LCIA and UNCITRAL Rules. The decisions offer parties, counsel, and arbitrators useful insights into the reasoning and procedure likely to be adopted by the LCIA in determining future applications. Our full thoughts on the key takeaways are available here: https://lnkd.in/d3VzU6BT

In this year's issue of The Stockholm Arbitration Yearbook, Christopher Stridh has authored a chapter titled "The Authority to Interpret Awards Without Support in Statutory Provisions or Arbitration Rules: Where Does the Tribunal’s Jurisdiction End, and the Court’s Begin?" Obtain your full copy and read the chapter via the link: https://hubs.li/Q02YSSvJ0

I am delighted to announce that my article on "A New Conceptual and Applicable Proposal on the Independence and Impartiality of the Arbitrator", has now been published in the latest issue of the Journal of International Arbitration. In this article I analyze the current state of affairs regarding the independence and impartiality of the arbitrator. In addition, I formulate some new conceptual proposals on the subject, pointing out that it is a hybrid concept, which -using Dworkin's distinction- functions more as a principle than as a rule. I also put forward a couple of applicable proposals on this topic. First, the use of a multi-step model that allows us to analyse a specific case. Second, when the principle of independence and impartiality collides with another principle, I advocate the use of balancing. You can consult the aforementioned article at the following address. https://lnkd.in/e_2TPUfd

Arbitration clause in a deed provided that arbitration shall be optional and arbitrator will be appointed by the parties with mutual consent. Does it mean that arbitration will be optional? Supreme Court has held: NO. SC vide judgement dated 6.12.2024 has held that once arbitration clause is provided, it cannot be made optional. If parties are not able to arrive at consensus for appointment of arbitrator, court can appoint an arbitrator under Arbitration and Conciliation Act 1996.

ARE ASYMMETRICAL ARBITRATION AGREEMENTS VALID? There is no universal approach, and it will highly depend on the jurisdiction where enforcement is sought. Accordingly, whether or not an asymmetrical arbitration agreement will be upheld depends on which court is to rule on the validity. Hence, a key takeaway is to carefully consider the courts' approaches to such agreements in all relevant jurisdictions, writes Sophia Cai from Accura Advokatpartnerselskab. https://lnkd.in/den3-QsA

📢 𝗣𝗮𝗻𝗲𝗹 𝗔𝗻𝗻𝗼𝘂𝗻𝗰𝗲𝗺𝗲𝗻𝘁: 𝗦𝘄𝗲𝗱𝗶𝘀𝗵 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗗𝗮𝘆𝘀 𝟮𝟬𝟮𝟱 📢 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗼𝗿’𝘀 𝗣𝗿𝗶𝘃𝗮𝘁𝗲 𝗞𝗻𝗼𝘄𝗹𝗲𝗱𝗴𝗲 𝗼𝗳 𝗜𝗻𝗱𝘂𝘀𝘁𝗿𝘆 𝗮𝗻𝗱 𝗟𝗮𝘄: 𝗧𝗼 𝗪𝗵𝗮𝘁 𝗘𝘅𝘁𝗲𝗻𝘁 𝗖𝗮𝗻 𝗜𝘁 𝗕𝗲 𝗨𝘀𝗲𝗱? Arbitrators are valued for their expertise, but where is the line between leveraging private knowledge and ensuring impartiality? This panel will discuss: • The appropriate use of arbitrators’ prior knowledge in decision-making. • Challenges in maintaining neutrality while relying on industry or legal expertise. • Perspectives on best practices and transparency in arbitration. Featuring: 🎙️ Moderator: Daniel Vargö 🎙️ Speakers: Eric M. Runesson, Kirsi Kannaste, Domitille Baizeau and Amund Bjøranger Tørum Join us for an engaging conversation on the balance between private knowledge and impartiality in arbitration. 💡 Register here: https://lnkd.in/dTCF2dkD 📅 Stay tuned for more updates on the #SwedishArbitrationDays2024

Article | During Paris Arbitration Week (PAW), HKA's Toby Hunt Partner & Business Development Lead, EMEA, joined an esteemed panel of lawyers and dispute resolvers to discuss “Le Mouton à cinq pattes: How to find the perfect expert to win your case.” The panel explored a range of topics, including the process of selecting an expert witness in arbitration proceedings, the qualities of a good expert, and other considerations to bear in mind when selecting experts. "The role of an expert witness is to provide impartial, expert opinions to the court on specific matters within their field of expertise. Their duty is to assist the court or tribunal by offering objective opinions that override any obligation to the instructing party," said Toby. Read the full article: https://lnkd.in/eqGtWGZa #HKAExperts #PAW #ExpertWitness