High Court Irons Out Cultural Differences

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Australia’s High Court decision, yesterday, 2 October 2012, though vague on expounding the precise legal principles underpinning its reasons, sets a sophisticated and pragmatic precedent in the topical matter of the constructions of cross-border commercial contracts, international sales contracts and investor—State contracts. This case raises several key practical and legal matters such as corporate fiduciary duties to stakeholders and investors, the explicit claim to fraud, construction of the notion of a binding agreement with respect to cross-cultural considerations, and adjudicatory risk for investors.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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