Where a contract contains an arbitration clause in sufficiently wide terms, the decisions of the certifier may be reviewed by the arbitrator1. The extent of the arbitrator's powers will depend on the wording of the arbitration clause. However, the arbitrator is commonly given an express power to open up, review or revise the decisions of the certifier.
In certain cases, despite an arbitration clause, on the proper construction of the contract some decisions of the certifier will not be subject to review2. Thus where matters left by the contract to the decision or determination of the engineer were excepted from
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Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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