Clyde & Co LLP

Experts

21

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Andrew Lucas
Consultant
Clyde & Co LLP
Dilara Khamitova
Jurist
Clyde & Co LLP
Igor Shershunovych
Associate
Clyde & Co LLP
Ivor Edwards
Partner & European head of the corporate insurance group
Clyde & Co LLP
Jane Williams
Solicitor
Clyde & Co LLP
Lucy Murphy
Solicitor
Clyde & Co LLP
Matthew Terry
Associate
Clyde & Co LLP
Michael Morris
Partner (Solicitor)
Clyde & Co LLP
Nadia Darwazeh
Lawyer
Clyde & Co LLP
Owen Rees
Solicitor
Clyde & Co LLP
Paul Cole
Senior Associate
Clyde & Co LLP
Rachel Henry
Solicitor (Partner)
Clyde & Co LLP
Rebekah Jones
Senior Associate
Clyde & Co LLP
Rémi Sassine
Lawyer
Clyde & Co LLP
Richard Power
Partner
Clyde & Co LLP
Rob Crossingham
Solicitor
Clyde & Co LLP
Sabrina Davenish
Senior Associate
Clyde & Co LLP
Sean Frankland
Associate Lawyer
Clyde & Co LLP
Simon Bosworth
Solicitor
Clyde & Co LLP
Stephen Miller
Solicitor Advocate
Clyde & Co LLP
Yuki Qiu
Solicitor/Barrister
Clyde & Co LLP
Contributions by Clyde & Co LLP

11

Dispute boards—appointment, administration and procedure
Dispute boards—appointment, administration and procedure
Practice Notes

This Practice Note deals with the selection and appointment of the dispute board members, and how they should operate once appointed.

Dispute boards—use in different forms of contract
Dispute boards—use in different forms of contract
Practice Notes

This Practice Note discusses the use of dispute boards in various forms of contract (including FIDIC and NEC4), and considers how dispute boards are used on UK construction projects.

Dispute boards—what are the advantages and disadvantages?
Dispute boards—what are the advantages and disadvantages?
Practice Notes

This Practice Note considers the pros and cons of the use of dispute boards.

Dispute boards—what are they and what are their advantages and disadvantages?
Dispute boards—what are they and what are their advantages and disadvantages?
Practice Notes

This Practice Note looks at what dispute boards are, how they have evolved and where they are used, and what their advantages and disadvantages may be.

EPC contracts—contractor claims
EPC contracts—contractor claims
Practice Notes

The employer's aim in EPC contracts is to pass almost all of the potential risks inherent in the project to its EPC contractor with the contractor pricing the contract accordingly. Nevertheless, the contractor can still make claims under turnkey contracts in specific circumstances. This Practice Note considers the types of claims that EPC contractors can make, the procedure for bringing a claim or resolving a dispute regarding a claim and the points to consider when negotiating the contract in relation to such potential claims.

EPC contracts—employer remedies
EPC contracts—employer remedies
Practice Notes

This Practice Note examines the rights and remedies that are available to an employer when a contractor defaults under an EPC contract. It looks at the situation when there are delays to completion and also when an installation or project does not meet performance standards.

EPC contracts—handover, testing and commissioning
EPC contracts—handover, testing and commissioning
Practice Notes

This Practice Note describes the processes of handover, testing and commissioning on EPC contracts, in what order they occur and what the implications are of each for both the contractor and the employer. It also describes which type of projects require testing and commissioning to take place and how these processes can impact on handover.

EPC contracts—limits of liability
EPC contracts—limits of liability
Practice Notes

This Practice Note describes the types of limitation of liability provisions found in EPC contracts, the rationale for such clauses (particularly on large infrastructure projects), and how they should be drafted.

Introduction to EPC contracts
Introduction to EPC contracts
Practice Notes

This Practice Note provides an introduction to EPC contracts—how they differ from traditional contracts, what the key aspects are, what type of projects they are used on and whether they are used with or without amendments.

Rail infrastructure contracts
Rail infrastructure contracts
Practice Notes

This Practice Note looks at rail infrastructure projects. It considers the regulations of the railways and the rail industry, the common procurement routes for rail infrastructure works and significant provisions in rail contracts. It also looks at Network Rail’s alliance agreements.

Waste to energy infrastructure projects—an introduction
Waste to energy infrastructure projects—an introduction
Practice Notes

This Practice Note introduces waste to energy infrastructure projects. It looks at procurement routes (including via waste PFI/PPP projects, where an authority provides the waste, and so called ‘merchant waste’ projects where the waste is sourced from the private sector) and forms of contract commonly used in this sector and also at key areas of risk and negotiation. It includes waste to energy projects using incineration of waste (often referred to as ‘energy from waste’ (or EfW)) and using non-incineration methods like anaerobic digestion or advanced gasification. The Practice Note highlights key points in these contracts that lawyers need to be aware of and some of the issues that funders and investors will take into consideration.

Contributions by Clyde & Co LLP Experts

23

All-Scotland Sheriff Personal Injury Court, ‘ASPIC’
All-Scotland Sheriff Personal Injury Court, ‘ASPIC’
Practice Notes

This Practice Note considers the operation and work of one of Scotland’s sheriff courts. That court is the first sheriff court in Scottish legal history to have jurisdiction for the whole of Scotland and this Practice Note covers ASPIC Rules, directions, Practice Notes and designations, timetable and the importance of the pre-trial meeting, substantive hearings at ASPIC and significant cases to date.

Challenging jurisdiction and stay of proceedings in favour of arbitration in Canada
Challenging jurisdiction and stay of proceedings in favour of arbitration in Canada
Practice Notes

This Practice Note sets out the how a party to arbitration may challenge the jurisdiction of an arbitrator or tribunal in Canada and the position in relation to anti-suit injunctions. It deals with the use of the 1985 UNCITRAL Model Law in Canadian law, and the amended version adopted in 2006, the position in relation to provincial, territorial and federal international arbitration legislation, judicial intervention and the process for making a challenge. It also covers the granting of anti-suit injunctions, the staying of proceedings in Canada, the courts’ approach and the duration, timing and costs of the procedure.

Challenging the jurisdiction of arbitral tribunals and the status of arbitration related anti-suit
Challenging the jurisdiction of arbitral tribunals and the status of arbitration related anti-suit
Practice Notes

This Practice Note sets out the procedure for challenging the jurisdiction of arbitral tribunals in French courts and the French perspective on anti-suit injunctions.

Corruption and Money Laundering in International Arbitration
Corruption and Money Laundering in International Arbitration
Practice Notes

This Practice Note is designed to facilitate identifying and understanding how to deal with corruption and money laundering issues in arbitrations. The step-by-step approach briefly covers the main issues that need to be considered to ensure that an enforceable award is rendered, identifying illicit activities, steps that may need to be taken to address illicit activities as well as consideration of the consequences for awards if corruption and money laundering are established.

Enforcing arbitral awards in Canada
Enforcing arbitral awards in Canada
Practice Notes

This Practice Note considers the enforcement of international arbitral awards in Canada. It sets out the framework for international arbitration at a federal, provincial and territorial level and the incorporation of the 1985 UNCITRAL Model Law and the New York Convention. It also details the process for the recognition and enforcement of foreign awards and the circumstances in which there may be a refusal to recognise an award or the award is set aside. Limitation periods for the enforcement of arbitral awards are also set out and considered.

Enforcing arbitral awards in France
Enforcing arbitral awards in France
Practice Notes

This Practice Note sets out the procedure and conditions to obtain the recognition and enforcement of international arbitration awards (ie, international arbitral awards rendered in France and arbitral awards rendered abroad) in France.

Interim remedies granted by arbitral tribunals seated in France
Interim remedies granted by arbitral tribunals seated in France
Practice Notes

This Practice Note discusses the interim remedies available to arbitral tribunals seated in France.

Interim remedies in support of arbitration in Canada
Interim remedies in support of arbitration in Canada
Practice Notes

This Practice Note considers interim measures that are available in Canada from arbitral tribunals and the courts. It details the incorporation of the 1985 UNCITRAL Model Law, and the amended 2006 version, into Canadian law, the International Commercial Arbitration Act 2017, civil court procedure, the courts’ approach and practical considerations when seeking interim relief.

Professional indemnity insurance—accountants and auditors (ICAEW)
Professional indemnity insurance—accountants and auditors (ICAEW)
Practice Notes

This Practice Note sets out the professional indemnity insurance requirements for accountants and auditors including detailed guidance on the Institute of Chartered Accountants in England and Wales Minimum Terms and Conditions.

Professional indemnity insurance—architects
Professional indemnity insurance—architects
Practice Notes

This Practice Note sets out the professional indemnity insurance requirements for architects, including detailed guidance on the Architects Registration Boards minimum requirements.

Professional indemnity insurance—FCA-regulated professionals (including IFAs and brokers)
Professional indemnity insurance—FCA-regulated professionals (including IFAs and brokers)
Practice Notes

This Practice Note describes the professional indemnity insurance requirements for FCA-regulated professionals, including all financial services firms, insurance firms, consumer credit firms and investment firms, including individuals who are providing services in the sector.

Professional indemnity insurance—solicitors
Professional indemnity insurance—solicitors
Practice Notes

This Practice Note sets out the professional indemnity insurance requirements for solicitors, including detailed guidance on the Solicitors Regulation Authority’s Minimum Terms and Conditions of Professional Indemnity Insurance.

Professional indemnity insurance—surveyors and valuation professionals (RICS)
Professional indemnity insurance—surveyors and valuation professionals (RICS)
Practice Notes

This Practice Note sets out the professional indemnity insurance requirements for surveyors and valuation professionals, including detailed guidance on the Royal Institute of Chartered Surveyors Minimum Terms and Conditions.

Prudential requirements for UK insurers—introduction
Prudential requirements for UK insurers—introduction
Practice Notes

This Practice Note is one of three that provide an overview of the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the UK’s Solvency II framework which derived from the Solvency II Directive (Directive 2009/138/EC). The Practice Note provides an introduction to the UK’s Solvency II framework, including the three Pillars of Solvency II.

Prudential requirements for UK insurers—Pillar 1 requirements
Prudential requirements for UK insurers—Pillar 1 requirements
Practice Notes

This Practice Note is one of three that considers the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the UK’s Solvency II framework which derived from the Solvency II Directive (Directive 2009/138/EC). The Practice Note focuses on the Pillar 1 quantitative requirements.

Prudential requirements for UK insurers—Pillar 2 and Pillar 3 requirements
Prudential requirements for UK insurers—Pillar 2 and Pillar 3 requirements
Practice Notes

This Practice Note is one of three that provides an overview of the prudential regulatory framework applicable to UK life and general insurers and reinsurers that fall within the scope of the UK’s Solvency II framework which derived from the Solvency II Directive (Directive 2009/138/EC).. This Practice Note focuses on the Pillar 2 and Pillar 3 requirements applicable to insurers.

State immunity and arbitration in Canada
State immunity and arbitration in Canada
Practice Notes

This Practice Note discusses the background to state immunity in Canada, the legislative background, being the federal State Immunity Act RSC 1985, c. S-18 (SIA), the exceptions to the SIA, enforcement against a foreign state and the relationship between arbitration proceedings and state immunity.

State immunity and arbitration in France
State immunity and arbitration in France
Practice Notes

This Practice Note discusses the role and impact of state immunity on arbitration proceedings seated in France.

Trade credit insurance—essentials
Trade credit insurance—essentials
Practice Notes

This Practice Note considers the types of risks insured under a trade credit insurance policy and notification of trade credit insurance claims and common exclusions.

A commercial lease ends before its contractual expiry date and the lease provisions are unclear as to how
A commercial lease ends before its contractual expiry date and the lease provisions are unclear as to how
Q&A

This Q&A considers whether the RICS Professional Statement on Service Charges in Commercial Property (1st edition) offers guidance as to the apportionment of a service charge following early termination of a lease.

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