This article examines the decision Toppan Holdings Limited and another v Simply Construct (UK) LLP where the UK’s TCC has provided guidance on whether collateral warranties given on construction projects are "construction contracts" and whether an adjudication can be brought under collateral warranties.
We resolve complex, high value disputes around the globe.
Our dispute resolution lawyers are world leaders in the firm’s specialist sectors of Transport (maritime and aviation), Energy and Real Estate. We have a global reputation in construction and engineering disputes and are equally renowned for our mining and commodities disputes experience. We frequently advise on ongoing projects to proactively mitigate and manage dispute risk.
We regularly act for banks, PE funds and other financial institutions. From advice on contentious aspects of asset finance and project finance through to restructuring and insolvency, our clients benefit from our pragmatic and responsive support. Our skills and experience in maritime finance enforcement are second to none.
We have substantial experience representing clients in high value international arbitrations conducted in various institutions across the world, including ADCCAC, DIAC, DIFC-LCIA, HKIAC, ICC, ICSID, LCIA, LMAA, QICCA, SCC and SIAC. We regularly advise on disputes ranging from sector specific matters in front of specialist tribunals through to investment treaty arbitrations. A number of our partners accept appointments as arbitrators.
Each of our offices has expertise in commercial litigation in front of its own national courts, and globally we work together to conduct high value, complex multi-jurisdictional disputes. In addition, we have expertise in competition, regulatory and investigative matters.
We work hard to avoid disputes where possible and regularly advise on alternative dispute resolution, including mediation. We firmly believe that the successful resolution of a dispute need not always involve formal proceedings. Our deep sector understanding and practical, commercial advice means that we consistently secure effective solutions for our clients, co-ordinating across jurisdictions to ensure that we can assist our clients wherever they do business.
In this week’s Commercial Disputes Weekly, reminders from the Court of Appeal of the importance of the open justice principle and the consensual nature of arbitration, as well as an interesting decision on the interaction between insolvency regimes and jurisdiction clauses.
In this week’s Commercial Disputes Weekly, Supreme Court success on liquidated damages clauses, three cases from the Court of Appeal on privilege issues, and an interesting update on the rules regarding trial witness statements.