Outputs (26)

FIDIC, NEC and the dispute board concept: extent and style of adoption. (2024)
Journal Article
MANTE, J. 2024. FIDIC, NEC and the dispute board concept: extent and style of adoption. International construction law review [online], 2024, pages 301-329. Available from: https://www.i-law.com/ilaw/doc/view.htm?id=439968

The Fédération Internationale des Ingénieurs-Conseils (FIDIC) 2017-2022 and NEC4 Engineering and Construction Conditions introduced some significant amendments to the dispute resolution provisions in both Conditions of Contract. Both contract suites... Read More about FIDIC, NEC and the dispute board concept: extent and style of adoption..

Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications. (2024)
Presentation / Conference Contribution
CHRISTIE, D., MANTE, J. and MAK, C.H.W. [2024]. Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications. Kuwait International Law School journal [online], (accepted for forthcoming special issue): proceedings of the 10th Kuwait International Law School annual international academic conference (KILAW 2024): artificial intelligence: its applications, academic and practical legal implications, 1-2 May 2024, Kuwait City, Kuwait. To be made available from: https://journal.kilaw.edu.kw

This paper comprehensively analyses the potential of blockchain technology and smart contracts to revolutionise dispute resolution. As dispute resolution methods evolve, blockchain and smart contracts, which offer efficiency, transparency, and fairne... Read More about Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications..

Blockchain and smart contracts: a game changer in mediation? (2023)
Journal Article
MAK, C.H.W. and MANTE, J. 2023. Blockchain and smart contracts: a game changer in mediation? Asian journal on mediation, 2023, pages 49-64.

In light of accelerating technological innovation and shifts in dispute resolution paradigms, this article elucidates the transformative potential of blockchain technology and smart contracts in mediation. The paper posits that these advancements off... Read More about Blockchain and smart contracts: a game changer in mediation?.

Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts. (2023)
Thesis
ADULOJU, B.M. 2023. Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-2270645

Courts and arbitration tribunals aim to resolve disputes and make enforceable decisions in their distinctive way. However, unlike courts, tribunals lack state enforcement power to function independently. Consequently, arbitrating parties have had to... Read More about Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts..

Exploring the essence and extent of 'mutual trust and co-operation'. [Blog post] (2023)
Digital Artefact
MANTE, J. 2023. Exploring the essence and extent of 'mutual trust and co-operation'. [Blog post]. Posted on NEC: news [online], 23 October 2023. Available from: https://www.neccontract.com/news/exploring-the-essence-and-extent-of-mutual-trust-and-co-operation

Recent court decisions have equated the NEC clause 10 'mutual trust and co-operation' duty to good faith, but good faith is a much broader concept. Part of the English courts' approach to good faith has been to rely on common law and equitable princi... Read More about Exploring the essence and extent of 'mutual trust and co-operation'. [Blog post].

Group proceedings in Scotland. (2023)
Journal Article
MANTE, J. and ARNELL, P. 2023. Group proceedings in Scotland. Scots law times [online], 2023 (19), pages 93-96. Available from: https://uk.westlaw.com

From 31 July 2020 a new form of proceedings, group proceedings, have been available in the Court of Session. A group for this purpose comprises two or more individuals who each have a separate claim in the subject matter. Litigation has begun. Consid... Read More about Group proceedings in Scotland..

Legal framework for utilisation and emissions-impact mitigation from natural gas production: the case for Nigeria. (2022)
Thesis
ENEYO, G.A. 2022. Legal framework for utilisation and emissions-impact mitigation from natural gas production: the case for Nigeria. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-1880231

Environmental concerns dominate every stage of oil and gas operations, from production to consumption stages. At the production stage, there is the problem of waste of associated gas through flaring emissions, while pipeline leakages and tanker accid... Read More about Legal framework for utilisation and emissions-impact mitigation from natural gas production: the case for Nigeria..

Smart contracts and payment in UK construction: the legal framework. (2022)
Book Chapter
CHRISTIE, D.S. and MANTE, J. 2022. Smart contracts and payment in UK construction: the legal framework. In Dounas, T. and Lombardi, D. (eds.) Blockchain for construction. Singapore: Springer [online], pages 167-184. Available from https://doi.org/10.1007/978-981-19-3759-0_9

This chapter critically evaluates the way in which the existing United Kingdom (UK) construction payment regime will function with – and assist – payment mechanisms which utilise smart contracts. Blockchain is one of several new developments in the i... Read More about Smart contracts and payment in UK construction: the legal framework..

Good faith, mutual trust and cooperation: recent judicial insights. (2022)
Journal Article
MANTE, J. 2022. Good faith, mutual trust and cooperation: recent judicial insights. Construction law journal [online], 38(2), pages 75-92. Available from: https://uk.westlaw.com

The recent Scottish Inner House decision in the case of Van Oord UK Ltd v Dragados UK Ltd has rekindled discussions about the role of good faith and the duty to act in the spirit of mutual trust and cooperation under the NEC Contract Conditions. The... Read More about Good faith, mutual trust and cooperation: recent judicial insights..

Understanding legal research in the built environment. (2021)
Book Chapter
MANTE, J. 2021. Understanding legal research in the built environment. In Manu, E. and Akotia, J. (eds.) Secondary research methods in the built environment. Abingdon: Routledge [online], chapter 8, pages 106-116. Available from: https://doi.org/10.1201/9781003000532-8

Legal research is often misunderstood by many a researcher in the built environment, especially beginners. Its role as a suitable research approach employing both primary and secondary sources of data to arrive at logically sound outcomes is often un... Read More about Understanding legal research in the built environment..