Latest Dispute Resolution News

 Insolvent Claimants and the right to adjudicate in Construction Contracts In September 2010 the Society of Construction Law published a paper called Using Adjudication to Resolve Disputes when one of the Parties is Insolvent (D112). Those of you with long memories may recall that I was the author of that paper. I wrote the paper out of academic interest and because at the time my firm was acting for a significant number of Administrators and Liquidators of claimant companies in disputes where Respondents were effectively taking advantage of our client’s insolvent status to deny our clients the right to payment of sums properly due to them.  
 Refuse to mediate? Don’t be surprised by the consequences! Unless you have been living in a distant galaxy and have only just arrived on planet Earth you will know that there is a long history of reported cases in which parties, who have refused to engage in mediation without a very good reason indeed, have been routinely punished by the courts when it comes to dealing with costs. To be clear, having a very strong belief in the merits of your case is simply not a good enough reason to refuse to mediate.