General Business Construction International Trade

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Letters of the Law: 'J' is for Jurisdiction

The first step when you cannot resolve your dispute is the "jurisdiction" clause in your contract. In some contracts the jurisdiction clause has been ferociously reviewed, considered and negotiated. Other contracts completely...more

The Announcement of Criminal Charges against Lumber Liquidators Underscores the Need for Lacey Act Compliance

On Wednesday, April 29, 2015, Lumber Liquidators announced in its most recent 10Q that the United States Department of Justice plans to pursue criminal charges surrounding allegations the company illegally imported wood in...more

OAS UPDATE: Bankruptcy Court Grants Limited Temporary Relief in Chapter 15 Case

Background: Grupo OAS, a Brazilian construction conglomerate linked to a massive corruption scandal (“OAS”), filed for Chapter 15 creditor protection in the Bankruptcy Court for the Southern District of New York on April 15,...more

Bank ordered to honour refund guarantees despite foreign court orders prohibiting payment

The Claimant Buyers brought proceedings against the Defendant Bank under refund guarantees issued by the Bank in support of two shipbuilding contracts between the Buyers and Sellers. Pursuant to the contracts, the Claimant...more

Letters of the Law: 'H' is for Handing Over

Getting in, getting on and getting out is how contractors make their money and having a completed project to put to use is how employers make theirs. Getting to the point of handing over the works is, usually, high priority...more

Letters of the Law: 'E' is for Express Terms

Contract terms are not always in black and white. Express terms are those which are specifically agreed between the parties. In a written contract 'express' terms are those written on the pages of the contract. However,...more

Foreign Bribery And Corruption - Australian Law

Increasingly, Australian companies are entering into cross border business relationships and in doing so are discovering that the law and the local culture can be quite different. This is especially true in the use of bribes...more

Letters of the Law: 'D' is for Decennia

Sometimes the greatest risk lies in what a contract does not say. Construction contracts usually state a length of time during which the contractor is liable to return to the handed-over project to complete outstanding...more

Insights from the Americas Lodging Investment Summit conference

In January, our team attended the Americas Lodging Investment Summit (ALIS) conference, one of the largest hotel investment conferences in the world, at the JW Marriott hotel in downtown Los Angeles....more

The Top 10 Questions Facing the LNG Industry in 2015

The only constant in the LNG industry again appears to be change – unpredictable change. The LNG supply and demand balance shifted in 2014 as LNG supply appears, at least temporarily, to have surpassed demand. Other...more

The OECD Report: Shedding Light on Foreign Bribery

The OECD has been at the forefront of the global battle against corruption. Its recent report, Foreign Bribery Report (available here) the OECD provided important insights into the occurrence of foreign bribery....more

JAMS Global Construction Solutions Newsletter, Fall 2014

In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need...more

Expo 2020 - part 5: Managing and resolving construction disputes

Introduction - Since Dubai’s successful 2020 Expo bid, development of new and re-invigorated construction projects has increased significantly. Tenders and new contracts are once more being awarded for a wide range of...more

Weekly Update Newsletter - November 2014

DoD Issues Proposed Rule to Amend DFARS Inflation Adjustment of Acquisition- Related Thresholds (DFARS Case 2014-D025) - The Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Acquisition...more

Expo 2020 - part 4: ignorance isn’t bliss – Taking care to ensure that the contractual arrangements are properly documented

With the upcoming finalisation and the approval process of the Master Planning for Dubai Expo 2020, the early site activities are set to commence in the initial part of 2015 to ensure that the event is well on track for the...more

Nationality of Vessels on Sea Trials Under U.S. Law

In 2013, approximately 1,147 commercial and military vessels were delivered by United States shipyards. This total includes vessels of all types – 8 deep-draft vessels and structures, 219 OSVs, tugs, towboats, passenger and...more

JAMS Global Construction Solutions Newsletter, Winter 2014

In This Issue: The Evolution of Expert Witness Law under U.K. and U.S. Jurisdiction; ConsensusDocs Lists JAMS as One of Two Named Arbitration Providers; Using Attorneys’ Fees to Promote a Better Result; Using...more

e-Disclosure - A guide to your obligations

Developments in technology have revolutionised the way in which business is conducted. The increasing use of cloud services, mobile devices and social media have led to a dramatic rise in the volume of day-to-day business...more

Fast-Track International Construction Arbitrations

Introduction - Perceptions that the arbitral process takes too long and costs too much are at the top of concerns about commercial arbitration generally, including international construction arbitration. A sobering...more

UK Bribery: Construction in the Cross-Hairs

The UK’s Serious Fraud Office has made clear that its anti-bribery investigations are focussed on two industries in particular: construction and energy. Construction firms especially are under-prepared for the risks which...more

Doosan v MABE: English Court Injuncts Owner from Calling Performance Bond When Owner Has Failed To Issue a Taking-Over Certificate...

It is quite rare to see a Court hand down a judgment in relation to a FIDIC-based contract. The reason is that most FIDIC-based contracts contain an arbitration agreement resulting in disputes being resolved privately and...more

Australia: Performance Security: Bonds, Guarantees And Letters Of Credit

INTRODUCTION - When considering security requirements to support project contracts, parties often wonder what form of security is appropriate - a performance bond, parent company guarantee, bank guarantee or letter of...more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

The NEC3 Engineering and Construction Contract: A Comparative Analysis – Part 1

The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract, used on a variety of projects...more

New Changes to the Late Payment of Commercial Debts (Interest) Act

On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act. Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more

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