the hiving-off of jurisdiction issues requires particular care.
Whether it is technically called an implied agreement, or an estoppel or a waiver, or generically referred to as submission to the jurisdiction, a party does not have the luxury of participating and then challenging jurisdiction later without an express reservation of its position at the outset. It may well be wise to re-iterate that reservation at important stages of the process. This all requires a clear analysis of the issues and the scope of the expert determination clause when the dispute arises.
This article is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.
This article was first published by Practical Law Construction.
ABOUT THE AUTHOR
Nigel Jones QC specialises in commercial litigation, insurance and reinsurance, construction and professional negligence. He has extensive experience of complex contentious and non-contentious work in these areas.
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NZDRC’S EXECUTIVE DIRECTOR RUNS NY MARATHON TO RAISE FUNDS NZDRC’s Executive Director runs NY Marathon to raise funds for those who can’t
Catherine Green running NY marathon
With more than 100,000 applicants, Catherine and Team Catwalk played their part in this iconic event and raised over $77,975.00 for the charity.
"I thought what a good opportunity to run the New York Marathon which I've wanted to do for a long time, but also support a charity," she says. "It's such an amazing group of people that do something that's so important but it's not one of the most obvious charities."
Catherine was part of a team led by David Pretorius whose daughter was left paralysed from the waist by a car accident in 2010.