Dr Joseph Mante's Outputs (29)

Group proceedings, negligence and res judicata in Scotland. (2024)
Journal Article
MANTE, J. and ARNELL, P. 2024. Group proceedings, negligence and res judicata in Scotland. Journal of professional negligence [online], 40(4), pages 177-183. Available from: https://www.bloomsburyprofessionalonline.com/view/journal_prof_negl/b-17466709_40-4-0000558.xml

This article discusses McCluskey v Scott Wilson Scotland Ltd (OH) on the extent to which an individual in a group action, which had sought personal injury damages against a civil engineering company for alleged negligence in the inspection and remedi... Read More about Group proceedings, negligence and res judicata in Scotland..

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..

The Illegal Migration Act 2023: an unlawful affront to justice. (2023)
Presentation / Conference Contribution
MANTE, J. and ARNELL, P. 2023. The Illegal Migration Act 2023: an unlawful affront to justice. Presented at the October 2023 Law School webinar, 11 October 2023, [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=YATnx5A6FQs

In this webinar Paul Arnell and Joseph Mante (both affiliated the Robert Gordon University) discuss the Illegal Migration Act 2023 and its implications. The latest attempt to address to flow of persons arriving on the shores of England from France i... Read More about The Illegal Migration Act 2023: an unlawful affront to justice..

"Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post] (2023)
Digital Artefact
MANTE, J. and MAK, C. 2023. "Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post]. Posted on the RGU Law School Blog [online], 2nd October 2023. Available from: https://rgulaw.blog/2023/10/02/smart-contracts-versus-smart-legal-contracts-shifting-terminology/

The notion that smart contracts are not actually contracts is a common assertion found in various writings on the subject. Lawyers can be forgiven for being confused, given that "smart contracts" do not qualify as contracts in the conventional sense.... Read More about "Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post].

The impact of blockchain and smart contracts on dispute settlement: a case for mediation. (2023)
Presentation / Conference Contribution
MAK, C.H.W. and MANTE, J. 2023. The impact of blockchain and smart contracts on dispute settlement: a case for mediation. Presented at the 2023 TIAC (Tashkent International Arbitration Centre) Journal of international dispute settlement inaugural annual conference (TJIDS 2023): dispute settlement: the past, present and future dimensions, 14 September 2023, Tashkent, Uzbekistan.

The research is premised on two important developments, accelerating technological innovation and shifts in dispute resolution paradigms. These advancements offer an innovative framework for dispute avoidance and a more efficient, transparent process... Read More about The impact of blockchain and smart contracts on dispute settlement: a case for mediation..

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].

The English CPR's gate-keeping rules, foreign claimants and access to justice. (2023)
Presentation / Conference Contribution
MANTE, J. 2023. The English CPR's gate-keeping rules, foreign claimants and access to justice. Presented at the 114th Society of Legal Scholars' annual conference 2023 (SLS 2023), 27-30 June 2023, Oxford, UK. Hosted on OpenAIR [online]. Available from: https://rgu-repository.worktribe.com/output/2086179

Foreign victims of wrongful acts ostensibly committed by companies domiciled in the United Kingdom and or their subsidiaries are increasingly turning to UK courts for redress. Many of these actions encounter jurisdictional challenges right at the sta... Read More about The English CPR's gate-keeping rules, foreign claimants and access to justice..

Foreign parties and the tort jurisdiction gateway under the English CPR. (2023)
Presentation / Conference Contribution
MANTE, J. 2023. Foreign parties and the tort jurisdiction gateway under the English CPR. Presented at the 114th Society of Legal Scholars' annual conference 2023 (SLS 2023), 27-30 June 2023, Oxford, UK. Hosted on OpenAIR [online]. Available from: https://rgu-repository.worktribe.com/output/2086161

The Supreme Court of the United Kingdom took an expansive view of the word ‘damage’ under paragraph 3.1(9)(a) of the CPR Part 6, PD 6B on the tort jurisdictional gateway in the recent case of FS Cairo (Nile Plaza) LLC v Lady Brownlie. To the court, t... Read More about Foreign parties and the tort jurisdiction gateway under the English CPR..

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..

Blockchain in construction law. (2023)
Presentation / Conference Contribution
ARNELL, P., CHRISTIE, D., MANTE, J. and DOUNAS, T. 2023. Blockchain in construction law. Presented at the March 2023 In conversation with Paul Arnell, David Christie, Joseph Mante and Theo Dounas, 1 March 2023 [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=WxcySoZo2tI

In this webinar Paul Arnell, David Christie, Joseph Mante and Theo Dounas (all affiliated with Robert Gordon University) discuss construction law including Blockchain, Smart Contracts and payments.

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..

Research impact on law and policy making in Africa: energy and construction sectors. (2022)
Presentation / Conference Contribution
MANTE, J. and MOLLER, L. 2022. Research impact on law and policy making in Africa: energy and construction sectors. Presented at the 5th Adapting to a changing world seminar, 16 June 2022, [virtual event].

This seminar was the fifth of six seminars in the "Adapting to a Changing World" series, convened by Elimma Ezeani. This particular event focused on how research has impacted law and policy, within the spheres of energy and construction in Africa. Th... Read More about Research impact on law and policy making in Africa: energy and construction sectors..

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..

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?.