Wise men wise up
Article Abstract:
There have been several cases in 1997 that have concerned the practical implications of the UK's Arbitration Act 1996. In VOSNOC Ltd v Transglobal Projects Ltd, the main issue was whether there had been a sufficient notice to arbitrate. In Excess Insurance Co Ltd v Mander, the judge had to consider whether the arbitration clause had been incorporated. In Delta Civil Engineering Co Ltd v London Docklands Development (Corporation), the Court of Appeal held that once there is an arbitration agreement and an arbitrator appointed pursuant to seek agreement, the arbitrator has authority to decide whether the parties have subsequently restricted his jurisdiction.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1997
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Restrictive covenants
Article Abstract:
A number of important cases have arisen recently in the UK which relate to the Land Tribunal's power under section 84 of the Law on Property Act 1925 to discharge or modify restrictive covenants affecting land. Such action often plays a key role in determining whether it is possible to go ahead with a planned development. Any consideration of whether a covenant is obsolete must taken into account whether its purpose can still be achieved, such as maintaining low-density high-quality housing.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1996
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Arbitration issues
Article Abstract:
The rent review arbitration process contains an element of subjectiveness even though every effort is made to make the process fair. Rents will always vary according to who is valuing them because there is no set formula for calculating them. When a rent is being calculated the rental life of the building is taken into account together with comparisons with similar properties in the industry.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1996
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