Mayer Brown

Experts

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Jonathan Hosie
Partner, Mayer Brown
Mayer Brown
Mark Compton
Mayer Brown
Meytal McCoy
Mayer Brown
Richard Evans
Mayer Brown
Contributions by Mayer Brown

14

An introduction to arbitration for construction lawyers
An introduction to arbitration for construction lawyers
Practice notes

What is arbitration and how does it differ from other dispute resolution procedures? This Practice Note looks at the general principles behind the arbitration process, including those set out in the Arbitration Act 1996 (AA 1996) and compares it to litigation and adjudication. It also considers the use of arbitration for disputes in the construction industry.

Construction Industry Model Arbitration Rules (CIMAR)
Construction Industry Model Arbitration Rules (CIMAR)
Practice notes

This Practice Note covers the Construction Industry Model Arbitration Rules (CIMAR) giving an overview of the rules and their uses, how the courts have interpreted them and how they work in practice.

Disclosure in arbitration for construction lawyers
Disclosure in arbitration for construction lawyers
Practice notes

This Practice Note provides an introduction for construction practitioners to the disclosure process (sometimes referred to as ‘discovery’) in the context of an arbitration, comparing it with disclosure in litigation and looking at the various procedural rules such as the IBA Rules, the Prague Rules, the CIArb Arbitration Rules and the CIArb Protocol for E-disclosure in Arbitration. The note also sets out some practical considerations regarding disclosure, in particular to assist parties in identifying potential problems before undertaking disclosure and to formulate specific disclosure requests.

FIDIC contracts (pre-2017 editions)—design
FIDIC contracts (pre-2017 editions)—design
Practice notes

This Practice Note looks at the design obligations in the FIDIC contracts (pre-2017 editions) and considers fitness of purpose and responsibility for the employer’s requirements.

FIDIC contracts (pre-2017 editions)—performance and testing requirements
FIDIC contracts (pre-2017 editions)—performance and testing requirements
Practice notes

This Practice Note looks at the performance requirements and testing provisions under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010, including the testing during execution of the works and tests after completion.

FIDIC contracts (pre-2017 editions)—price
FIDIC contracts (pre-2017 editions)—price
Practice notes

This Practice Note explains how the contract price is calculated in the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010, and how it may be adjusted.

FIDIC contracts (pre-2017 editions)—time
FIDIC contracts (pre-2017 editions)—time
Practice notes

This Practice Note explains the contractor’s obligations in relation to commencement, progress and completion under each of the FIDIC forms. The note examines how each of the forms deals with these subjects, together with the procedure which is implemented at completion and the provisions relating to extensions of time and acceleration.

FIDIC contracts (pre-2017 editions)—variations
FIDIC contracts (pre-2017 editions)—variations
Practice notes

This Practice Note looks at variations under the pre-2017 editions of the FIDIC forms of contract including what constitutes a variation (eg a change to the employer’s requirements or other change to the works under clause 13), the process for instructing a variation, the effect of a variation and the contractor’s potential entitlement to additional payments or extensions of time. The forms considered are the Red, Yellow and Silver Books 1999 as well as the Pink and Gold Books.

FIDIC contracts—introduction
FIDIC contracts—introduction
Practice notes

This Practice Note introduces the FIDIC organisation and the suite of contracts it produces for international construction projects. It explains the types of project each FIDIC contract is intended to be used for and highlights the differences between the various FIDIC contracts.

Institutional versus ad hoc arbitration in construction disputes
Institutional versus ad hoc arbitration in construction disputes
Practice notes

This Practice Note considers the differences between arbitration conducted under self-administered ad hoc procedures/rules and under institutional procedures/rules, particularly in the construction industry, and the advantages and disadvantages of each.

International construction arbitration—the arbitration agreement
International construction arbitration—the arbitration agreement
Practice notes

This Practice Notes discusses arbitration agreements used in construction contracts. It sets out the key provisions of the arbitration clause including seat. It discusses the governing law of the contract and the governing rules of the arbitration, institutional or ad-hoc. It also covers other considerations such as the scope of the dispute, provisions for joinder, language, number of arbitrators, disclosure, confidentiality, the award and the importance of the New York Convention.

The issues of consolidation in construction arbitration
The issues of consolidation in construction arbitration
Practice notes

This Practice Note looks at how multiple causes of action can be consolidated and dealt with by means of a single arbitration, focusing on construction disputes.

The pros and cons of arbitration in construction disputes
The pros and cons of arbitration in construction disputes
Practice notes

This Practice Note considers the advantages and disadvantages of selecting arbitration as an alternative means of dispute resolution to litigation, looking at whether arbitration is a more effective and efficient method for resolving a dispute than litigation in construction disputes. In particular, it looks at the myths surrounding arbitration and examines the real benefits it provides in practice. The factors to consider include time and cost, multi-party disputes, neutrality, confidentiality, party autonomy and flexibility, and enforcement of any successful award.

US merger control
US merger control
Practice notes

A conversation with Meytal McCoy, counsel in the Washington DC office of global law firm Mayer Brown, on key issues on merger control in the United States of America. This is part of our collection of over 125 maintained national merger control guides.

Contributions by Mayer Brown Experts

1

Bulk transfers between occupational pension schemes—an introduction
Bulk transfers between occupational pension schemes—an introduction
Practice notes

This Practice Note looks at bulk transfers between occupational pension schemes, including in relation to defined contribution (DC) pension benefits. It considers the circumstances when bulk pension transfers may be made, the main issues for trustees, member consent and whether it is required, the main issue for trustees when considering a bulk transfer, the legislation governing the transfer, tax issues and discharge of trustees following the pension transfer.

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