TCC Archives - Corbett & Co.

Aspect v Higgins: The Final Reckoning

Aspect v Higgins: The Final Reckoning

How long do you have to challenge an adjudicator’s decision? Controversially, the English Supreme Court has now ruled as follows: If you were the loser and required to pay monies, you will have the full limitation period, typically six years, to bring your claim to recover those monies starting from when you were required to make payment to the winner; whereas If you were the winner, your right to seek an improvement of the result will come to an end at the same time as the limitation period for the original claim.

By Dominic Helps|September 14th, 2015|English Law, Knowledge Hub|Comments Off

Court of Appeal confirms judgment in Obrascon v Gibraltar

Court of Appeal confirms judgment in Obrascon v Gibraltar

The Judgment of Sir Robert Akenhead has been upheld and OHL’s appeals have been dismissed. The judgment was a rare excursion by the TCC into the FIDIC contract and considered unforeseen ground conditions, termination and notice under cl.20.1. Corbett & Co. acted for the Government of Gibraltar.

By Edward Corbett|July 9th, 2015|Knowledge Hub|Comments Off

Corbett & Co. adds to expertise with hire of senior construction lawyer

Corbett & Co. adds to expertise with hire of senior construction lawyer

Corbett & Co. is delighted to announce the recent arrival of Jo Clarke, an international disputes counsel and advocate with experience in the construction, engineering and power generation sectors.

By Charlotte Noon|May 19th, 2015|Insights|Comments Off

Time Waits for no Man – So you think the Adjudicator got it wrong? How long do you have to challenge the decision?

Time Waits for no Man – So you think the Adjudicator got it wrong? How long do you have to challenge the decision?

How long have you got to challenge the adjudicator’s decision? The English Court of Appeal has decided: 1) the claimant who considers the adjudicator awarded too little must challenge before the original limitation period for his claim expires; and 2) the defendant who considers he paid too much has a new limitation period starting on the day he paid the adjudicator’s decision. Is it unfair that the loser may have years longer than the winner? That question will soon be answered by the Supreme Court of the United Kingdom. Their decision will be of interest to anyone involved with FIDIC DABs anywhere in the world.

By Dominic Helps|March 9th, 2015|Dispute Boards, Knowledge Hub, Litigation|Comments Off

Light at the end of the tunnel? Gibraltar dispute reviews key FIDIC Yellow Book provisions

Light at the end of the tunnel? Gibraltar dispute reviews key FIDIC Yellow Book provisions

As disputes under the FIDIC forms of contract are normally resolved in private Dispute Adjudication Board (“DAB”) proceedings or confidential arbitration proceedings, reported FIDIC cases are rare and often of considerable precdential value either formally or informally. In this article, originally published in The International Construction Law Review, Corbett & Co. Director Victoria Tyson considers one such recent decision which was transferred from the Gibraltar courts.

By Victoria Tyson|September 14th, 2014|Arbitration, Dispute Boards, Knowledge Hub|Comments Off

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