I am very pleased to see that my lecture in London for the Society of Construction Law (well, half-lecture) is fully booked out for next week.
Questions will hopefully be easy. I should be able simply to tell them that it is all in my book Extra-Contractual Recoveries for Construction and Engineering Work, available from London Publishing Partnership.
In any event, it will be good to see Continue reading
For a long time, the Society of Construction Law has run lectures which have been delivered at the National Liberal Club in London. I have been to many of them, usually listening but sometimes speaking.
And so it will be a happy return to an old haunt when I will be on my hind legs again for the Society in a couple of weeks.
The topic is Claims Outside the Contract from a Common and a Civil Law Perspective; I will be doing the common law half and Chris Seppälä from White & Case in Paris will be doing the civil law half. It will be chaired by Mrs Justice Joanna Smith, who sometimes sits in the TCC.
I like this notion of Continue reading
The South Australian Magistrates Court has invited me to prepare a one-page flyer to be handed out to parties in cases which may be suitable for pendulum arbitration, and now approved that document. The Word version is thus: MC Flier
The text is as follows:
A Faster and Less Expensive Alternative to Litigation or Conventional Arbitration
Pendulum arbitration (also known as baseball arbitration) is a type of arbitration that has been extensively and successfully used in the United States to resolve disputes more quickly and with less cost than litigation or conventional arbitration. It is also now available in South Australia for appropriate cases.
What is pendulum arbitration?
In this form of pendulum arbitration, the parties attend a one-day hearing in which they each put their case. At the end of the day, each party hands the arbitrator a proposed draft award, and the arbitrator chooses one of these drafts as the final award, without modification.
How does it work in practice?
Prior to the hearing, each party puts in a written statement of its case, including any material on which it wishes to rely. There is no discovery of documents. Continue reading
I have put up a model pendulum arbitration agreement: see https://feconslaw.com/pendulum-arbitration-2/model-pendulum-arbitration-agreement/.
Clearly, this model is just a template, and will need finetuning for each case. So it is there on a “no responsibility” basis!
My breakfast briefing proceeded as planned yesterday, and went OK.
I understand that DRBF members will be able to get the Powerpoint. And it was recorded, so they can even watch it again, if really keen.
Or watch it for the first time, if still asleep yesterday morning.