41-50 of 358 results
High Court holds that 'fair winds' permit recovery of expenditure wasted in constructing iconic aircraft hangar
In this Insight, we examine the differences between the various judges' reasoning and lay out what the implications are in practice. ...
More certainty for foreign corporations under Alien Tort Claims Act
Since a landmark decision has narrowed available claims against defendants under the Alien Tort Claims Act for alleged violations of customary international law US courts have sought to clarify exactly what geographical connection is required to justify a claim against corporate defendants Partner ...
Disputes as to the validity of an agreement - a matter for arbitration or the courts?
A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes under a deed or agreement can be broad enough to capture disputes about the validity of the agreement ...
Heralding in a new era – PNG's arbitration regime
The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...
Predictive coding endorsed again by English High Court
In its second decision on predictive coding this year the English High Court has again accepted the use of this innovative technology in discovery this time in a contested application Partner Duncan Travis Managing Associate Kate Austin and Law Graduate Yi-Ling Ng examine the case and its ...
Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
The Australian Securities and Investment Commission (ASIC) has released guidance clarifying its expectations in relation to a bank, or other intermediary, pre-hedging derivative exposures. Â ...
Sanctions Regime in Australia
We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...
No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
Just as the summer holidays began at the end of 2023, Justice Jackman of the Federal Court handed down judgment in ASIC v Zurich Australia Limited. ...
New FIDIC practice note on DAABs
A new practice note on dispute avoidance and adjudication boards (DAABs) was released by the International Federation of Consulting Engineers (FIDIC) late last year. ...
New year review: contract resets in the infrastructure sector
A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...