Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more
Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited handed down in the Hong Kong Court of Appeal has significantly elevated the fundamental importance of so-called...more
11/18/2020
/ Arbitrators ,
Breach of Contract ,
Condition Precedent ,
Construction Contracts ,
Contract Terms ,
Entitlements ,
FIDIC Contracts ,
General Contractors ,
Hong Kong ,
Subcontractors ,
Subcontracts
Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more
7/27/2020
/ Breach of Contract ,
Buyers ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Damages ,
Force Majeure Clause ,
Liquidated Damages ,
Suppliers ,
Supply Agreements ,
Supply Contracts ,
Take-or-Pay Contracts
If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more