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Arbitration Commercial Tenants

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Hogan Lovells

UK Landlord and Tenant Act 1954: what might reform look like?

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In the 20 years since the Landlord and Tenant Act 1954 (Part II) was updated in 2003, there have been increasingly vocal calls for it to be revisited. The government announced a review in December 2020, but this fell by the...more

Carlton Fields

Supreme Court of Wyoming Confirms Arbitration Award

Carlton Fields on

The Supreme Court of Wyoming recently rejected claims by a party that had largely prevailed in arbitration, but asserted that it should have received its fees, and that the arbitrator incorrectly decided several issues....more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

BCLP

Leasing - liability for rent during the pandemic

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Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

BCLP

Like buses...nothing for months then three Covid arrears arbitration awards all at once

BCLP on

Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more

Hogan Lovells

UK COVID-19 rent arrears arbitration scheme: no protected rent arrears for office premises

Hogan Lovells on

The Commercial Rent (Coronavirus) Act 2022 introduced a statutory arbitration process for landlords and tenants to resolve disputes over commercial rent arrears accrued during the COVID-19 pandemic. The scheme applies to all...more

Dorsey & Whitney LLP

The Commercial Rent (Coronavirus) Act 2022: A Solution to the Commercial Rent Arrears Problem?

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On 24 March 2022, the Commercial Rent (Coronavirus) Act 2022 (the “Act”), took effect. This legislation further continues the range of coronavirus measures passed by the government, which aim to provide an as fair as possible...more

A&O Shearman

Rent arbitration and the UK restructuring toolkit

A&O Shearman on

We look at the new rent arrears ringfencing and binding arbitration regime for commercial tenants and their landlords. Continued economic uncertainty means large tenants and their stakeholders should be mindful of the UK’s...more

Hogan Lovells

UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

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In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more

Hogan Lovells

The final piece in the jigsaw – the new binding arbitration process for landlords and tenants

Hogan Lovells on

As foreshadowed in its announcement on 16 June 2021, the UK Government has issued the Commercial Rent (Coronavirus) Bill establishing a binding arbitration procedure to resolve disputes relating to certain commercial rent...more

Latham & Watkins LLP

COVID-19 Commercial Rent Arrears: UK Government Publishes Draft Arbitration Rules

Latham & Watkins LLP on

The rules provide an arbitration procedure to determine the amount of affordable rent arrears for a commercial tenant where landlord and tenant have been unable to reach a consensual agreement. On 9 November 2021, the UK...more

BCLP

The new Commercial Rent (Coronavirus) Bill and Code of Practice

BCLP on

The government has introduced the Commercial Rent (Coronavirus) Bill in Parliament to attempt to streamline and accelerate the resolution of the billions of pounds of rent arrears that have accrued during the Covid 19...more

Hogan Lovells

UK COVID-19: The new arbitration scheme on COVID arrears – some questions and answers

Hogan Lovells on

This is a very high level guide based on the current draft of the Commercial Rent (Coronavirus) Bill published on 9 November 2021. It is not intended to be exhaustive and the legislation may well be amended during its passage...more

Hogan Lovells

UK COVID-19: Government introduces mandatory arbitration scheme for pandemic rent arrears

Hogan Lovells on

The government has introduced to Parliament draft new legislation in the form of the Commercial Rent (Coronavirus) Bill which will establish a binding arbitration process for commercial landlords and tenants who have been...more

Nossaman LLP

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

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In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more

Carlton Fields

Third Circuit Affirms Dismissal of Landlord’s Attempt to Vacate Arbitration Award

Carlton Fields on

Sears Roebuck and Co. (Sears) entered a 40-year lease with Century III Mall, PA., LLC (“Century III Mall”), whereby Sears agreed to maintain an anchor store at the Century III Mall. ...more

Jackson Lewis P.C.

New York City Bill To Give Commercial Tenants More Power Over Lease Renewals Will Get Hearing

Jackson Lewis P.C. on

A bill to amend New York City law to establish conditions and requirements for commercial lease renewals with the aim of preserving small businesses will have its first hearing in the City Council since 2009 on October 22,...more

Arnall Golden Gregory LLP

Litigating a Lease Audit

Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful...more

Bennett Jones LLP

Six Considerations for Rent Arbitration Clauses in Commercial Leases

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When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the...more

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