There is no "one size fits all" approach to competing class actions.
Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more
The Situation: On 15 February 2021, the English High Court handed down a key judgment in Republic of Sierra Leone v. SL Mining Ltd on the issue of whether non-compliance with a clause containing a pre-arbitration procedural...more
While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more
The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more
11/9/2020
/ Amended Legislation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
General Contractors ,
Payment Schedules ,
Payment Terms ,
Subcontractors ,
Trusts
The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements.
On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more
10/30/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Conflicts of Interest ,
Disclosure Requirements ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
ICSID ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
New Rules ,
Third Party Funding
Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more
The government's latest restrictions will impact owners, contractors, and suppliers.
The Victorian Government has moved the Victorian construction industry to a "pilot light" status from 5 August 2020, until at least 16...more
[co-author: Juan Huertas]
Even as the world gradually eases out of lockdown, deals are rekindled and services are remobilized, no one doubts that the impact of the pandemic will continue to be felt for months and, some...more
6/26/2020
/ Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
General Contractors ,
Infrastructure ,
Performance Standards ,
Subcontractors
The Situation: Following the deaths of eight miners at Queensland coal mines in the past two years, the Queensland Labor government has been under mounting pressure from the Construction, Forestry, Maritime, Mining and Energy...more
The Development: The Australian Competition and Consumer Commission ("ACCC") recently issued new guidelines regarding compulsory information requests. The guidelines clarify application of the "reasonable search defense"...more