2009 Cripps Alerts

Arbitration - July 2009

A reasonable opportunity to put your case?
Under s33(1)(a) Arbitration Act 1996 (the "Act") (broadly equivalent to Article 18 of the Model Law) an arbitral tribunal is under a general duty to give ‘each party a reasonable opportunity of putting his case and dealing with that of his opponent’.

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Construction Law - July 2009

Last week, the House of Lords, in a case called Chartbrook Limited v Persimmon Homes Limited, handed down an important judgment on the interpretation of contract clauses. The judgment has important implications for both developers and others involved in contractual negotiations in the construction industry.

Read more: Construction Law - July 2009

   

Article previously published in Housebuilder magazine - July 2009

Know your site’s planning history
Developers should ensure they are aware of the history of planning applications on a development site or they may encounter delays in the planning process.

Read more: Article previously published in Housebuilder magazine - July 2009

   

Employment Law -  July 2009
Can your workers take holiday whilst they are off on sick leave?

We’ve reached another stage in the long running saga about an employee’s entitlement to holiday pay when they are off work long term through sickness. The House of Lords has finally delivered its decision in HMRC v Stringer.  Unfortunately this much awaited decision will be a disappointment to employers as it fails to answer most of the really important questions, concentrating instead on the technical matter of time limits.

Read more: Employment Law - July 2009

   

Arbitration - June 2009 
When is a Seat not a Seat?

The seat of an arbitration may well be quite independent of the place where the hearings or other parts of the arbitral process occur or take place but it is of vital importance, for it is the courts of the seat that have the supervisory jurisdiction over the arbitral process.

Read more: When is a Seat not a Seat?

   

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