Summer 2016 Issue

Probyn Miers welcomes you to our Summer 2016 edition of ‘Perspective’ which brings you news, information and points of view on topical issues relevant to construction lawyers, architects, contractors, engineers, insurers and to all our colleagues and friends in the international and UK Construction Industry.





Enforcement of International Commercial Mediation Settlement Agreements

By Christopher Miers

Commercial mediation relies on the consensual participation of the parties. However, underpinning the voluntary nature of engaging in mediation is the opportunity to settle the dispute in a way which leads to a binding settlement agreement which can be enforced if necessary. The progressive globalisation of trade, including electronic commerce where business is frequently conducted across national boundaries, creates an increasing need for effective dispute resolution……Read More

There’s Many a Slip; But Do They All Need Expert Help?
By Bart Kavanagh

The use of expert opinion evidence has become commonplace in construction disputes. The recent Scottish case of Kennedy v Cordia, however, required the Supreme Court to consider whether it should be always admissible. Miss Kennedy, a carer visiting a client in the course of her work, slipped and fell on an icy path and sustained an injury. At issue was the question of whether the risk assessment carried out by her employers had been adequate and whether……Read More

Updates & News

Collaborative Women in Dispute Resolution in the Middle East
Following on from the success of the FIDIC Conference held in Dubai in February this year, our colleague Karen Tillon, from Probyn Miers’ Dubai office, has established a new professional interest group.

Collaborative Women in Dispute Resolution is open to women involved in all aspects of Dispute Resolution in the Middle East, whether as a lawyer, arbiter, mediator, expert, consultant, or in any other capacity. Its aim is to provide a forum in which to share experiences, views and opinions and to examine developments and challenges in dispute resolution, whether in the Middle East or in other geographical locations.

Meetings are held quarterly with a view to providing an opportunity for members to mentor new practitioners, to share information on recent developments and to encourage the involvement of women in dispute resolution throughout the MENA region.

Collaborative Women in Dispute Resolution has met twice since February and the next meeting will take place on 4 September 2016. if you are interested too know more about this group please contact Karen at: