Sarah is one of very few practitioners in the UK with experience across the spectrum of ESG disputes, including crisis management and risk mitigation, with a focus on business and human rights.
The significance of current and swell on performance warranties has been the subject of a number of recent LMAA arbitral awards that has brought to light certain uncertainties in this area.
In this article, we discuss the Commercial Court decision in The Caravos Liberty.
The English Technology and Construction Court has held that the operation of a pain/gain mechanism in an NEC3 Option C (target cost) form of contract was only to be applied once works had completed, and not on an interim basis.
Following a recent decision in the Technology & Construction Court, this article explores the trend towards looking at the substance of an adjudication notice over its form when ascertaining its validity.
