Dispute Services
Arbitration Services
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Commercial Disputes
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International and Trade Arbitrations
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Full claims handling and representation
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Security and enforcement of Awards
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Whenever possible the RG team aims to resolve commercial disputes without clients becoming embroiled in drawn out, costly, arbitration proceedings. Where arbitration proceedings become necessary, we have considerable experience which can help to navigate you through this.
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We can advise you before a dispute has arisen, handle your dispute whether you are claiming, defending and/or counter-claiming and represent you in commercial arbitrations in the UK and elsewhere, including before the leading trade associations and those conducted under LMAA, ICC, ICE, LCIA and UNCITRAL rules, or under the Arbitration Act 1996. We can advise on and manage security arrangements, guarantees and the enforcement of Arbitration Awards internationally.
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We have extensive experience handling the wide range of disputes which occur including:
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disputes involving most forms of charterparties and bills of lading, including the various BIMCO forms;
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ship sale and purchase agreements;
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most physical and derivative commodity trading and sale of goods contracts, including those used oil traders;
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letters of credit and trade finance agreements;
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turnkey and lump-sum energy engineering, procurement and construction (EPC) contracts on and off-shore;
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FIDIC contracts and insurance policy terms used by the London market.
Adjudication
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Under UK law any dispute arising out of a construction contract (for example disputes relating to delay, payment or alleged defective work) may be referred for adjudication. A construction business, sub-contractor or client can apply to appoint an independent adjudicator with the necessary specialist expertise to determine the dispute.
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Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. For the purposes of this guide, adjudication is a reference to the procedure introduced in the UK in 1996 by the Housing Grants, Construction and Regeneration Act (Construction Act).
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Originally the intention of the Construction Act was that the adjudication process would be fairly informal. However, it has developed into a formal process with parties serving detailed submissions, witness statements and often even expert reports.
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The adjudication process begins when the party referring the dispute to adjudication gives written notice of its intention to do so. The Scheme for Construction Contracts, the statutory scheme for adjudication introduced by the Construction Act sets out details of process.
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The referral notice must be served within seven days of service of the Notice of Adjudication. This is the document that sets out in detail the case of the party who is referring the dispute to adjudication. and the referring party's case in detail. It should be accompanied by documentation in support of the claim together with expert reports, if any, and witness statements.
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The adjudicator's decision must be made within 28 days of service of the referral notice. This tight timescale is designed to enable parties to obtain quick and cost-effective results, which are binding unless and until reviewed in litigation or arbitration. This 28-day timescale may be extended. The decision is final and binding, providing it is not challenged by subsequent arbitration or litigation.
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Even if the parties intend to pursue court or arbitration proceedings, they must in the meantime comply with the adjudicator's decision.
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The RG team have extensive experience in dealing with adjudications.