Index
| Author | Julian Bailey |
| Pages | 969-1042 |
I1
INDEX
[Indexing is to volume and paragraph number]
A
abandonment of the works
mutual, II.7.51–II.7.52, II.9.160
substantial performance, II.6.351
abatement
where arising, II.6.420
of consultants’ fees, II.6.421
of nuisance, II.8.74–II.8.75
valuation of work performed on a non-
contractual basis, II.6.221–II.6.225
see also set-o
acceleration of works
concessions, II.7.14
constructive acceleration,
II.11.195–II.11.197
costs, II.11.191–II.11.194
denitions, II.11.187
instruction to accelerate,
II.11.188–II.11.190
varied work, II.7.13
acceptance
incomplete particulars of agreement, I.2.29
of oer, I.2.39–I.2.43
substantial performance, II.6.357
access to land/site
adjoining property, access to for construc-
tion work, II.8.21, II.8.121
consequences of failure to provide, II.8.11
easement, eect of, II.8.123
extent of access to be provided, II.8.07
nature of contractor’s use of land,
II.8.12–II.8.15
obligation to provide, II.8.03–II.8.06
prevention by third parties,
II.8.08–II.8.10
refusal of request for by owner of adjoining
land, II.8.122
revocation of contractor’s licence to occupy
land, II.8.16–II.8.19
for third parties, II.8.20
time for granting, II.11.07
trade unions, III.21.131–III.21.132
account
development of procedure, II.6.429
disadvantages of procedure, II.6.430
where ordered, II.6.431
rare in construction cases, II.6.432
account of prots
copyright infringement,
III.16.23–III.16.24
account stated
rare use of, II.6.433
types, II.6.434–II.6.438
acquiescence
defects, II.14.96–14.97
limitation periods, III.26.62
Acts of Parliament
statute law, I.1.11
adjudication
contractual, III.23.39–III.23.40
statutory see statutory adjudication
adjudication bonds
security for performance, II.12.67
adjudicators see statutory adjudication
administration
corporate insolvency, III.22.17–III.22.18
and statutory adjudication, III.24.33,
III.24.126
admissibility of evidence
for contractual interpretation,
I.3.192–I.3.198
inadmissible expert evidence, III.26.124
advance payment bonds
security for performance, II.12.68
advance payments
price determination, II.6.24
time at or by which required to be made,
II.6.322
armation of contract
by determination pursuant to a
contractual power, II.9.49
election to arm, II.9.45–II.9.49
limits on ability to arm,
II.9.47–II.9.48
mode of armation, II.9.45
retraction of repudiation, II.9.46
INDEX
I2
INDEX
agent
contract administrator as, I.5.18–I.5.22,
I.5.46
duty to principal, I.2.134
ratication of actions, I.2.135
agreed damages see liquidated damages
agreement
to agree or negotiate
contract formation, I.2.60
tendering, I.4.102, I.4.103–I.4.104
on essential terms see under terms of
contract
termination of contract by, II.9.156
agreements
ADR, enforceability of damages, III.23.45
ouster of court’s jurisdiction,
III.23.46–III.23.49
statutory adjudication, III.23.50
stay of court proceedings,
III.23.43–III.23.44
arbitration
applicable law, III.25.55–III.25.60
application, III.25.72–III.25.75
arbitration rules, III.25.44–III.25.47
denitions, III.25.37–III.25.39
eect of re guarantees, II.12.34
whether exclusive means of dispute
resolution, III.25.41–III.25.43
implication of, III.25.51
incorporation by reference,
III.25.48–25.50
privacy and condentiality,
III.25.65–III.25.66
seat of arbitration, III.25.61–III.25.64
separability, III.25.52–III.25.54
unenforceable or void, III.25.67
writing requirement, III.25.40
champertous, III.20.69
concluded, I.2.48–I.2.54
conduct of parties, I.2.44
dispute resolution see dispute resolution
agreements
employment, III.21.110–III.21.121
in Australia, III.21.117–III.21.121
compared to goods and services contracts,
III.21.110
in construction and engineering industry,
III.21.111
in England, III.21.113–III.21.116
in Hong Kong, III.21.122, III.21.123
in Singapore, III.21.124, III.21.125
generally, I.2.31
“last shot”, I.2.46
and letters of intent, I.4.139–I.4.142
limitation periods, modication, III.26.54
oer
acceptance of, I.2.38–I.2.43
formation of contracts, I.2.32–I.2.46
invitation to treat distinguished, I.2.36
tender submission as, I.4.102
withdrawal of, I.2.37
project completion, I.2.45
see also contract formation, contract law
all risks insurance
contract works, III.17.04–III.17.07
alliance contracting
procurement, I.1.69, I.1.71
target cost, II.6.17
alternative dispute resolution (ADR)
damages, III.23.45
denitions, III.23.09
development, III.23.04
dispute resolution agreements,
III.23.09–III.23.10
enforceability of agreements,
III.23.43–III.23.50
importance of, III.23.10
ouster of court’s jurisdiction,
III.23.46–III.23.49
pre-action conduct, III.26.21
statutory adjudication, III.23.50
stay of court proceedings,
III.23.43–III.23.44
amenity, loss of
damages, II.13.47–II.13.50
anticipatory breach
termination at common law, II.9.19–II.9.22
appeals
conduct, III.26.321
disposition of, III.26.322–III.26.324
generally, III.26.319–III.26.320
apprentices and trainees
employment law, III.21.145
arbitration
arbitration agreements see arbitration
agreements
arbitrators see arbitrators
assignment of rights, III.20.70
awards see arbitration awards
commencing
ad hoc submission, III.25.98
application of arbitration agreement,
III.25.89–III.25.92
conditions to referral, III.25.75
INDEX
I3
INDEX
existence of “dispute or dierence”,
III.25.93–III.25.97
extension of time, III.25.78–III.25.81
joinder, III.20.26–III.20.27,
III.25.99–III.25.100
matters incapable of being referred,
III.25.101–25.102
notice, III.25.68–III.25.74
Scott v Avery clause, III.25.82–III.25.87
self-executing referral, III.25.88
time limits, III.25.76–III.25.81
vs. contractual adjudication, III.23.40
denitions, III.25.01–III.25.02
duties of arbitrator
generally, III.25.177–III.25.178
natural justice, III.25.179–III.25.184
existence of “dispute or dierence”,
III.25.93–III.25.97
expert determination distinguished,
III.23.27–III.23.30
hearing
adjournment, III.25.176
allocation of time to parties in, III.25.175
fair, III.25.180–III.25.182
legal representation, III.25.173
right of audience, III.25.172
use of documents, III.25.174
interim measures
compliance with peremptory orders,
III.25.157
dismissal of proceedings due to party
default, III.25.153–III.25.156
freezing order, III.25.150
injunctions, III.25.151
interim payment, III.25.152
powers of court, III.25.141–III.25.144
powers of tribunal, III.25.139–25.140
preliminary issue, III.25.148–III.25.149
security for costs, III.25.145–III.25.147
international
denitions, III.25.11–III.25.12
investment treaty arbitration, III.25.15,
III.25.20, III.25.185, III.25.192
New York Convention, III.25.13
UNCITRAL Model Law, III.25.14
investment treaty, III.25.15–III.25.20,
III.25.185
awards, III.25.231
contracting state, II.25.17
costs, III.25.192
“investor” and “investment”,
III.25.18–III.25.20
preconditions to commencement of
arbitration, III.25.188–III.25.190
remedies, III.25.191
rights created and protected by,
III.25.186
violations, III.25.186
joinder, III.20.26–III.20.27,
III.25.99–III.25.100
jurisdiction
cessation, III.25.126
enlargement, III.25.121
generally, III.25.118–III.25.120
ruling on, III.25.122–III.25.125
litigation compared, III.25.21–III.25.36,
III.26.02
matters incapable of being referred,
III.25.101–25.102
natural justice
duties of arbitrator, III.25.179
fair hearing, III.25.180–III.25.182
unbiased tribunal, III.25.183–III.25.184
procedure
appointment of experts, legal
advisers or assessors,
III.25.170–III.25.171
evidence, III.25.165–III.25.167
expert evidence, III.25.168–III.25.169
generally, III.25.158–III.25.160
hearing, III.25.172–III.25.176
securing the attendances of witnesses
and production of documents,
III.25.164
statements of case,
III.25.161–III.25.163
rules, III.25.44–III.25.47
seat of, III.25.61–III.25.64
settlement oers
costs, and, III.23.74
form, III.25.220–III.25.221
generally, III.25.218–III.25.219
sources of arbitration law
common law, III.25.10
express agreement of the parties,
III.25.04
generally, III.25.03
international commercial arbitration,
III.25.11–III.25.14
investment treaty arbitration, III.25.15–
III.25.20, III.25.185
statute law, III.25.05–III.25.07
vs. statutory adjudication, III.24.02
stay of arbitration proceedings, III.25.112
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