Europeans We Stand
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THE peevishness of the campaigning has obscured the importance of what is at stake. A vote to quit the European Union on June 23rd, which polls say is a growing possibility, would do grave and lasting harm to the politics and economy of Britain. The loss of one of the EU’s biggest members would gouge a deep wound in the rest of Europe. And, with the likes of Donald Trump and Marine Le Pen...
Read MoreConstruction Disputes – Who’s disputing Whom?
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Deployment of Lawyers in Construction & Building Disputes Has Changed Profoundly. Competition amongst law firms is fierce, expectations by clients are higher than ever and downward pressure on legal fees is gaining momentum. The catch phrase “too many lawyers, not enough work” is becoming a well worn cliché. In this new world, there will be construction lawyers who adapt and...
Read MoreRise and Fall of the Bull Empire
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Bank of America CEO Ken Lewis has testified that former Treasury Secretary Hank Paulson and current Fed Chairman Ben Bernanke essentially forced him to acquire Merrill Lynch despite evidence of its growing losses. Even though this was certainly done with "America's best interests" in mind, it's still a bit troubling. It's especially troubling because in 2009, 6months after the acquisition, John Thain, Merill's CEO at the time of the crisis and the take-over was forced out for hiding Merrill's true losses from Bof A and its own shareholders.
Read MoreAssertion of Laws as to Substance of Arbitration Agreement
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Assertion of Laws as to the Substance of an Arbitration Agreement[1] Introduction The fundamental ‘Legal Theory of the Arbitration Process’ is that Arbitration derives its existence and validity in Law from “The will and consent of the parties litigant. Its fundamental legal assumption is that it is an allowable extension of the sphere of contract. However, an arbitration...
Read MoreIs Law of arbitration agreement the same as of the seat?
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The importance of choosing the law governing arbitration agreements regardless of choice of the seat. Parties in a contract may not be aware that an arbitration agreement is separable and distinct from the main contract between the parties. However, an arbitration agreement can be governed by a law that is different to the governing law of the main contract, and that parties can choose...
Read MoreArbitration or Adjudication?
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Arbitration or Adjudication? © Daniel Atkinson Arbitration has a long history of being the preferred method of resolving construction disputes. It is usually adopted as an alternative to bringing an action in courts of law. The arbitration process is frequently expensive and lengthy and simply mimics litigation. It need not be so. The success of adjudication in the UK points the...
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