News & Insights Legal Updates
Find the latest changes in the legal landscape that potentially affect your business. From changes in legislation and case law to regulatory reforms, at Ashurst we're able to support you on all legal developments.
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54 Results
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construction disputes update
11 NOV 2020 Lessons from recent Victorian security of payment skirmishes
Recent security of payment decisions by the Victorian Supreme Court and Court of Appeal emphasise the importance of payment claims and schedules in resolving...
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dispute resolution update
09 NOV 2020 How to ensure your expert determination clause helps avoid litigation and doesn't add to it
Three recent cases involving expert determination show that the courts will take a supportive approach but there are risks of satellite litigation if a...
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construction disputes update
05 NOV 2020 Developer recovers economic losses for structural defects caused by engineer's misleading or deceptive conduct
Construction dispute involving misleading and deceptive conduct: Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWCA 223
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ENERGY & INFRASTRUCTURE UPDATE
24 SEP 2020 A brave new world - Covid-19 lessons learnt
I think we will turn now to Georgia Quick who is from our Sydney office.
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quickguides
20 AUG 2020 International Arbitration: Which institution?
The majority of international arbitration users favour institutional rather than ad hoc arbitration. However, when deciding which institution to select,...
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International Arbitration Update
07 MAY 2020 Interpreting arbitration agreements: Is your clause concerning?
A look at the drafting implications of a recent NSW Court of Appeal decision that a dispute about compensatory damages was excluded from arbitration.
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construction update
13 MAR 2020 COVID-19: Impact on the Construction Sector
COVID-19, the Novel Coronavirus that has been declared a pandemic by the World Health Organisation, has been described by the OECD as the "biggest danger...
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International Arbitration Update
05 MAR 2020 Renewed energy for investment arbitration: recent developments in Australia
Australia's place as an increasingly investment arbitration friendly jurisdiction is highlighted by a recent decision regarding foreign state immunity...
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Quickguides
21 FEB 2020 Third Party Funding in International Arbitration
In this Quickguide we explain what third party funding is and the practicalities of securing it, and then go on to outline the issues it gives rise to....
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Quickguides
19 FEB 2020 Use of arbitration in finance disputes
Arbitration used to be perceived as providing a quick and cost-effective alternative to litigation.
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Quickguides
19 FEB 2020 Introduction to International Arbitration
This Quickguide provides an introduction to international arbitration, its key characteristics and how it works. It concludes with a comparison between...
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quickguides
19 FEB 2020 International arbitration clauses
This guide addresses the issues to bear in mind when drafting international arbitration clauses. Topics covered include: Why choose arbitration?; How to...
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international arbitration update
05 DEC 2019 Should you be thinking about international arbitration?
Ten questions which indicate that you should Are you located in a different jurisdiction to your counterparty? Are your counterparty's assets...
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construction Disputes Update | Australia
16 OCT 2019 Quantum Meruit: No longer a Panacea for a Bad Bargain
The High Court decision in Mann & Anor v Paterson Constructions Pty Ltd [2019] HCA 32 clarifies when a claim for restitution under quantum meruit will...
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Construction Alert - AUSTRALIA
05 SEP 2019 When the music stops, everyone keeps their chair: implied good faith trumps express contractual right
The Supreme Court of Queensland implies an obligation of good faith and fair dealing to limit the exercise of an express contractual right.
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Dispute Resolution Update
02 SEP 2019 Do you know what you're getting from your expert determination clause?
Expert determination is a relatively quick and inexpensive dispute resolution process which can be used effectively where resolution of a dispute requires...
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Construction Update - Australia
14 AUG 2019 Guidance on the enforceability of arbitration agreements
The Supreme Court of Queensland recently stayed litigation involving separate claims against a principal and superintendents (who were not parties to the...
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Dispute resolution update
07 AUG 2019 The Singapore Convention On Mediation
In this briefing, Rob Palmer, Georgia Quick, Cathryn Neo and Ed Davies consider some of the key features of the Singapore Convention and its potential...
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Australian Construction Alert
26 JUL 2019 Building Stronger Foundations with a new duty of care
The NSW Government's June 2019 Building Stronger Foundations Discussion Paper proposes significant regulatory reform to the building and construction industry....
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INTERNATIONAL ARBITRATION UPDATE
04 JUL 2019 Australia-Hong Kong Free Trade Agreement & Investment Agreement (2019)
What you need to know Australia and Hong Kong signed the Australia-Hong Kong Free Trade Agreement...
