The question supposes that arbitration is sick. In the case of Domestic English Arbitration, it has been ailing for some time. The Arbitration 1996 (“the Act”) is a good statute. It was meant to cure arbitration in England and Wales. It didn’t.

The general principle is that a trustee has a basic right to be indemnified out of the trust fund for expense or liabilities properly incurred on behalf of the trust.

We helped a technology provider to turn around a substantially delayed implementation of a major data centre / hosting contract.

Many of our readers will be familiar with the adjudication process. However for those not familiar, this article summarises the process, detailing its advantages and disadvantages.

Parties to a contract should always look to ensure that a contract is certain. If a contract is incomplete then it may well be found to be unenforceable. A mere agreement to agree is not binding.

It is a long established principle in English Law, first recorded in 1610, that a land owner can not protect the view that he has from that land; the rationale is that it would unduly limit the freedom to build on one's own land and thereby hinder beneficial development.

"Without prejudice discussion" and "protected conversation" are two phrases often used interchangeably to refer to an off-the-record discussion with employees.

There are several types of construction contracts used in the industry and there are certain types of construction contracts preferred and commonly used by certain construction professionals, for example, JCT, NEC.

Lord Templeman was a very well renowned member of the judiciary and his legacy in respect of private client law continues to dictate best practice today. Lord Templeman is particularly known for his advent of the “golden rule” surrounding testamentary capacity.

PACT (Professional Arbitration on Court Terms) was introduced by a joint working party involving RICS, the Law Society and the Independent Surveyors and Valuers Association in 1997.