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PRACTICE NOTES
In many jurisdictions, there are relatively few substantive differences between pursuing international arbitration or domestic arbitration proceedings. This Practice Note identifies when differences may arise and considers the impact of such differences on the conduct of the arbitration. You may also be interested in Practice Notes: Arbitration—an introduction to the key features of arbitration, Institutional arbitration—an introduction to the key features of institutional arbitration, Ad hoc arbitration—an introduction to the key features of ad hoc arbitration and International arbitration—an introduction to the key features of international arbitration What makes an arbitration domestic or international? A domestic arbitration is one concerned with purely national or domestic issues. This means, in general terms, that all aspects of the arbitration proceedings are related to a single jurisdiction. For example, the nationality of the parties, the governing law of the contract, the place of performance of the contract and the facts giving rise to the dispute will all relate to the same jurisdiction. An international arbitration, on the other hand, will reach beyond the borders of a single
PRECEDENTS
Contents This Agreement is made on [date] Parties 1 [Insert name of Contractor] (Company Registration No. [insert number]) whose registered office is at [insert address of Contractor] (the ‘Contractor’, which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert name of Sub-Consultant] (Company Registration No. [insert number]) whose registered office is at [insert address of Sub-Consultant] (the ‘Sub-Consultant’). background WHEREAS (A) [Insert name of Employer] (Company Registration No. [insert number]) whose registered office is at [insert address of Employer] (the ‘Employer’) has entered into or proposes to enter into a contract with the Contractor (the ‘Building Contract’) for the design and construction of [insert brief description of the project] at [insert location of site]. (B) The Contractor wishes to appoint the Sub-Consultant to perform for the Contractor the services as described in Schedule 2 to this Agreement (the ‘Services’) under the terms and conditions of this Agreement. Now it is hereby agreed as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings unless the context requires otherwise: Additional Fee • means the additional fees (if any) payable by the Contractor to the Sub-Consultant
PRACTICE NOTES
What is a power purchase agreement? A power purchase agreement (PPA) is a contract between an electricity generator (generator) and the party who is purchasing the power (offtaker) which incorporates the commercial terms for the sale and purchase of electricity for a generation project. For details of our full suite of resources and precedents on power purchase, see: Power purchase agreements and routes to market—overview. The PPA provides a route to market for the electricity generated by the generator and, in the case of renewable energy generating stations, any green benefits that the generator receives for generating electricity from renewable sources and that may be sold to electricity suppliers. The PPA is the contract pursuant to which a large proportion (if not all) of a project's revenues are earned and consequently the PPA underpins the economics of most power projects. The majority of PPAs will contain provisions dealing with the following issues: • commencement and term • sale of power • sale and transfer of any green benefits (for projects generating electricity from renewable
PRECEDENTS
Name of firm [Insert firm name] Name of role holder [Insert role holder name] Reports to [Insert, eg COLP] Role type (full-time/part-time/contractor) [Insert type] If a contractor role, length of contract [Insert contract length] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert] Date role commenced [Insert date] Length of probation period [Insert probation length] End of probation review date [Insert date] Role summary The compliance [manager OR assistant] role provides: • effective risk management • up-to-date regulatory compliance awareness • guidance on best practice within the firm Liaises with The compliance officer for legal practice (COLP), the compliance officer for finance and administration (COFA), [the lead for [Lexcel OR CQS OR SQM OR WIQS] quality standards, Complaints partner/officer, the nominated officer and the money laundering compliance officer (MLCO)]. The compliance [manager OR assistant] will work closely with the heads of the various support functions and fee-earning departments to manage risk in the firm and to ensure compliance with SRA requirements and other relevant legislation and procedures. Key responsibilities General risk management Objectives
PRACTICE NOTES
This Practice Note examines the time limits within which equal pay (equality of terms) claims must be brought in the employment tribunal. It covers the ‘qualifying period’ and the definition of that period in concealment, incapacity and stable work cases. It also covers the absence of discretion to extend time, cases involving a transfer of undertakings and time limits in civil court claims (ie equal pay claims in the County Court or High Court). The qualifying period Proceedings on: • a complaint relating to breach of an equality clause or rule • an application for a declaration as to the effect of an equality clause or rule may not be brought in an employment tribunal after the end of the qualifying period. Note however that it is also possible to bring a claim for a breach of an equality clause or rule as a claim for breach of contract in the High Court or County Court in which case the longer six-year breach of contract limitation period applies. For more information, see: Civil court claims
PRACTICE NOTES
Once the parties have decided that mediation is appropriate for seeking to resolve their dispute, or the court has ordered the parties to consider mediation, the parties’ legal representatives will be responsible for setting up the mediation. This Practice Note considers how to find and choose a mediator. A mediator will usually be selected with the consent of all parties, but where the parties cannot agree on the appointment of the mediator, they can be selected by a neutral third party such as an organisation which provides alternative dispute resolution (ADR) services. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. For information on the mediator’s fee and other costs of a mediation, see Practice Note: Mediation costs—liability and recovery. For general information on the lawyer’s role in setting up a mediation, see Practice Note: Organising a mediation. Choosing a mediator—provision in the dispute resolution clause If the dispute relates to a contract, the contract may contain a dispute resolution clause which
PRACTICE NOTES
In an agreement for lease which provides for construction works to be carried out, an obligation for the landlord to procure collateral warranties (or third party rights) in favour of the tenant is common practice. This Practice Note looks at why tenants will request collateral warranties, which parties typically provide warranties and the considerations for construction lawyers when negotiating the terms of the warranties and related provisions in the agreement for lease. Why does the tenant require warranties? Defects which arise following completion are a fairly common feature of construction projects. Many defects arise during the defects liability period and the contractor will generally be obliged to rectify them in accordance with the building contract (see Practice Note: Defects liability period and rectification of defects). However, other defects (which may be more serious) can often manifest themselves later on, ie when the contractor is no longer contractually obliged under the building contract to return to site to correct them, and after the landlord/developer's liability to the tenant under the agreement
PRACTICE NOTES
This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided by topic area and include: • Cases on the principles of contractual construction • Examples of court construction of finance documents Cases on the principles of contractual construction Names of parties Judgment date Case summary Relevant content Investors Compensation Scheme v West Bromwich Building Society [1998] 1 All ER 98 19 June 1997 The leading House of Lords judgment setting out the key principles applicable to any exercise involving the construction of contracts. The judgment of Lord Hoffmann contains five principles of construction of contracts which have been cited in most of the leading cases on contract construction. See Practice Note: Contract interpretation—the guiding principles Chartbrook Homes Ltd v Persimmon Homes Ltd [2009] 4 All ER 677 1 July 2009 Although the courts did not readily accept that linguistic mistakes were made in formal contracts, where the background and context drove the court to conclude that something
Q&As
The Protection from Eviction Act 1977 (PEA 1977) provides that a person will be guilty of an offence if he unlawfully deprives or attempts to deprive a residential occupier of their right to occupy premises or part of the premises. A residential occupier is defined in PEA 1977, s 1 as 'a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises'. PEA 1977 provides that where premises are let as a dwelling on a
Q&As
Solicitor acting outside authority If a solicitor does not have authority from their client: • they will be unable to charge their client costs for work done, and • their unauthorised acts will not bind their client to third persons unless those acts are within their ostensible authority For more information, see Commentary: Limits of solicitor's authority: Halsbury's Laws of England [584]. A solicitor holds themself out to their clients as having adequate skill and knowledge to properly conduct the business they undertake and they owe a duty to their client in contract and tort. Accordingly, if they fall below that professional standard they may be liable in negligence, and where that
Q&As
Section 38A of the Landlord and Tenant Act 1954 (LTA 1954), in conjunction with the relevant provisions of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (2003 Order), SI 2003/3096, governs the procedure by which the parties may lawfully contract out of (or exclude) the security of tenure provisions contained in LTA 1954, ss 24–28. Putting it somewhat broadly, the prescribed procedure requires the landlord to serve notice in the required form on the tenant before they into the tenancy or become contractually bound to do so, and the
Q&As
The change to the economic and commercial environments within both the UK and the EU as a result of Brexit may impact on the underlying commercial deal to such an extent that one or both parties would seek to terminate existing contractual commitments. If, as part of its audit, a business discovers a contract that it would seek to terminate, or in the event that it is contacted by another party seeking to terminate an agreement on the grounds of circumstances arising in connection with Brexit, the specific terms of the agreement should be checked in the first instance. Although it is unlikely that any specific drafting would have been included