In this issue we continue our look at cases and issues arising internationally
We report further on the controversial decision rendered by a Qatari court where an arbitral award was declared null and void because it failed to state that it was issued in the name of ‘His Highness the Emir of Qatar’; we have an excellent contributed article dealing with the Construction Contracts Act 2013 applicable in the Republic of Ireland; and we report a case heard in the Scottish courts dealing with whether the courts can stop an adjudication or, put more legally, issue an injunction prohibiting one party form raising disputes to adjudication.
In terms of substantive issues, we have chosen to look at the common problem of whether nonpayment or delayed payment can give rise to a claim for termination. Time of payment is not generally of the essence of a commercial contract unless the parties have agreed (either expressly or by necessary implication) that it should be, and the reported Court of Appeal case demonstrates the uncertainties of establishing repudiatory breach, and the need for the injured party to prove the seriousness of the consequences of the defaulting party’s breach. Similar risks arise when we look at the question of when notices have been properly given. This may seem like a very obvious issue, but readers may well be surprised when they see how the courts grapple with and analyse the fact-sensitive issues – Vivergo Fuels Ltd v. Redhall Engineering Solutions Ltd reinforces the need to be absolutely clear when giving notices, especially when giving notices about termination.
I am grateful to Niav O’Higgins and Kim Franklin who have contributed ‘Adjudication in Ireland – the Construction Contracts Act 2013’ and ‘Approved inspectors astride competing streams’, respectively. It has been my aim for a while to increase the number of articles from external contributors, and I am delighted that we are making progress.
