All Outputs (9)

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..

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?.

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..

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..

Mutual trust and co-operation under NEC 3&4: a fresh perspective. (2018)
Journal Article
MANTE, J. 2018. Mutual trust and co-operation under NEC 3&4: a fresh perspective. Construction law journal [online], 34(4), pages 231-252. Available from: http://westlaw.co.uk

Using insights from planning and employment law, this piece looks beyond the conventional connotation of good faith and critically examines the meaning, scope and consequence of the duty to act in a spirit of mutual trust and co-operation under Claus... Read More about Mutual trust and co-operation under NEC 3&4: a fresh perspective..

Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures? (2018)
Journal Article
MANTE, J. 2018. Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures? International construction law review [online], 35(2), pages 182-223. Available from: https://www.i-law.com/ilaw/doc/view.htm?id=388268

A careful reader of the philosophical underpinnings and the dispute resolution frameworks of the FIDIC and NEC Conditions of Contract will likely be baffled by the paradoxical relationship between the underpinning ethos of these forms and the approac... Read More about Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures?.

Interplay between contract and public law: implications for major construction contracts and transparency. (2017)
Journal Article
MANTE, J. and NDEKUGRI, I. 2017. Interplay between contract and public law: implications for major construction contracts and transparency. Public procurement law review [online], 2, pages 98-114. Available from: https:westlaw.co.uk.

The relationship between infrastructure project owners and their contractors is generally governed by contract law. However, where the project owner is a State, there are often additional requirements from public law to be complied with. The challeng... Read More about Interplay between contract and public law: implications for major construction contracts and transparency..

Arbitrability and public policy: an African perspective. (2016)
Journal Article
MANTE, J. 2017. Arbitrability and public policy: an African perspective. Arbitration international [online], 33(2), pages 275-294. Available from: https://doi.org/10.1093/arbint/aiw034

Growth in international trade has led to considerable expansion of the scope of matters capable of settlement by arbitration. In spite of sustained scholarly activity on arbitrability, the question of what is arbitrable remains controversial but rele... Read More about Arbitrability and public policy: an African perspective..

Arbitrability in the context of Ghana's new arbitration law. (2012)
Journal Article
MANTE, J. and NDEKUGRI, I. 2012. Arbitrability in the context of Ghana's new arbitration law. International arbitration law review [online], 15(2), pages 31-41. Available from: https://westlaw.co.uk

Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of arbitrability under international law, the relevant trends emerging from case law, and the approach adopted by the G... Read More about Arbitrability in the context of Ghana's new arbitration law..