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New year, more views – arbitration highlights in the Year of the Ox

As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

COVID-19 and contractual force majeure: a simple checklist

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved

The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should generally take precedence over a creditor's right...more

A question of construction – Hong Kong court rules that arbitration clause in head contract was not incorporated into sub-contract

The question of whether an arbitration clause has been successfully incorporated into a contract is one that has come before the courts regularly, with different jurisdictions taking different approaches to what counts as...more

Liquidated damages on work never completed

The English Court of Appeal recently considered what should happen when a contractor, through its own fault, never delivers any completed work, despite having contracted to do so by a particular date. In Triple Point...more

'Easier to recognise than define' - English Court of Appeal considers "practical completion" for the first time in fifty years

The Court of Appeal in Mears Limited v Costplan Services (South East) Limited & Ors [2019] EWCA Civ 502, in a judgment published on 29 March 2019, has considered the meaning of "practical completion" in an authoritative...more

Summary of principles from recent NEC cases

As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. ...more

How to draft for concurrent delay wherever your projects are

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more

How does a contractor comply with a duty to proceed regularly and diligently with construction works?

Most construction contracts require contractors to proceed with their works "regularly and diligently" (or an equivalent requirement such as "with due diligence" and "with due expedition and without delay"). Surprisingly, not...more

Automatic opt-in expires under Hong Kong Arbitration Ordinance

The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more

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