Does An Informal Agreement To Mediate Stop The Limitation Period From Running?
April 19, 2014
Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: — the limitation period.
Does The CCDC Dispute Resolution Clause Require Arbitration?
September 8, 2013
Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory – it can require arbitration – or
Is A “May Arbitrate” Clause Mandatory Or Permissive?
April 20, 2013
What is the meaning of an arbitration clause which states that a dispute “may be determined by arbitration”? Does the clause mean that the arbitration
Does Inaction Amount To Acceptance Of A Repudiation Of Contract?
March 24, 2013
Can inaction by a party to a contract amount to an acceptance of the repudiation of the contract by the other party? That was the
Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?
February 26, 2013
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does
Is An Agreement To Mediate Enforceable?
February 18, 2013
A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may
When Does An Arbitral Limitation Period Commence?
August 28, 2012
An arbitration is usually considered to be a less formal type of dispute resolution than court litigation. For this reason it may be thought that
The Limitation Period Quagmire Between Litigation And Arbitration
November 6, 2011
The limitation period is a vexing issue to any party involved in a commercial dispute. This truism applies even more to construction disputes because there
When Does The Negotiation End And The Limitation Period Begin For An Arbitration Claim?
July 17, 2011
Construction Law – Arbitration – Negotiations – Limitation Periods – Contract An arbitration clause in a construction contract may be written in a way that
Tenders in Construction Projects – Which Limitation Period Applies?
May 9, 2011
What is the limitation period for the commencement of an action arising from a tender in a construction project? If the owner is a municipality