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International Trade Construction

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Project Finance: Structuring for Success

This Practice Note considers the meaning of the term “structure” in a project finance transaction and identifies the key issues that may inform the approach to structuring such a transaction. It explains a “plain vanilla”...more

The End of the "Deemed Liability" Adjudication in Western Australia

by Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Trump Administration Signals Exemptions To Steel Tariffs Are A Long Shot

by Seyfarth Shaw LLP on

Builders and manufacturers who rely on imported steel as a major input may want to rethink their procurement strategy in light of an executive domestic preference decree issued last week. Under President Trump’s Proclamation...more

Recent Project Dispute Cases in Australia

by Jones Day on

The Situation: Statutory adjudications continue to be deployed readily on projects in the construction and engineering fields. The Result: There have been a host of cases on the operation and scope of such adjudications in...more

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

by Jones Day on

The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

'Unknown unknowns' and the limits of natural justice challenges in adjudication

by White & Case LLP on

The Singapore High Court has set aside a construction adjudicator's determination for breaching the rules of natural justice. The adjudicator applied the wrong standard of proof without hearing submissions on the issue. This...more

Singapore Court of Appeal: Claims from Other Contracts Cannot Be Set Off in an Adjudication

by Morgan Lewis on

Singapore’s Court of Appeal recently ruled that claims and set-offs from other contracts between the two parties in an adjudication are not consistent with the purpose of the Building and Construction Industry Security of...more

Serbia's Land Conversion Law Raises Prospect of Investment Treaty Claims

by Jones Day on

The Situation: Serbia's recently implemented Land Conversion Law regulates the procedure by which companies convert their land use rights into ownership rights. Although land use rights were previously adequate for companies...more

Investor Incentives in Focus as Cameroon Launches Oil and Gas Bidding

by Jones Day on

The Situation: Cameroon has announced a bidding process pertaining to licensing rights for oil and gas blocks located in the Rio del Rey and Douala/Kribi-Campo Basins. The Development: The oil and gas rights include a...more

Key Investment Themes in UAE Real Estate & Real Estate Finance Markets

by White & Case LLP on

The end of 2017 proved to be very busy in UAE real estate and real estate finance markets. Here we put the spotlight on 3 key investment themes that characterised those markets in 2017. We also look forward to some of the...more

Taiwan Offshore Wind Farm Projects: Guiding Investors through the Legal and Regulatory Framework

by Jones Day on

The Taiwanese Government has set aggressive renewable energy targets, with a particular focus on the development of its offshore wind power capabilities. This exciting new market presents great opportunities for foreign...more

Kuala Lumpur Regional Centre for Arbitration Rebrands as Asian International Arbitration Centre

by Jones Day on

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more

Exercising the Right to Terminate – Why Your Default Notice Matters

by White & Case LLP on

The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice...more

Singapore’s Court of Appeal Clarifies Key Issues of Jurisdiction, Parties’ Obligations Under Payment Disputes Law

by Morgan Lewis on

The court’s recent decision in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd addresses perennial issues surrounding the validity of contractual payment claims for the purposes of the Building and Construction...more

India Launches Bid Process for Largest Auction of Oil and Gas Blocks

by Jones Day on

The Situation: Under a new licensing policy, India is set to begin an auction for exploration and development of 55 oil and gas blocks. The Action: Bidders are invited to bid for the identified blocks spread over a 59,282...more

Vietnam's New Solar PPA: Strong Developer Interest Despite Bankability Concerns

by Jones Day on

The Situation: Vietnam's draft model power purchase agreement ("Model PPA") for solar power projects issued in April 2017 departed from international market practice and fell short on bankability. The Action: Vietnam has...more

IOSH Publishes Research Report and Industry Guidance on Nanotechnology in Construction and Demolition

by Bergeson & Campbell, P.C. on

On January 8, 2017, the Institution of Occupational Safety and Health (IOSH) announced the availability of a research report on nanotechnology in construction and demolition, as well as guidance for industry. The aim of the...more

Selection Process on Track for Malaysia-Singapore High-Speed Rail Project

by Jones Day on

In what will be the first project of its kind in South East Asia, the governments of Malaysia and Singapore have agreed to collaborate on a high-speed rail project connecting the two nations' capital cities. The bidding...more

'Time at large' argument unsuccessful where contract contains broad extension of time clause

by White & Case LLP on

In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a construction contract where...more

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

by King & Spalding on

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Mexico to Bid P3 Contract for Private HVDC Line in Baja California

by Holland & Knight LLP on

Under Mexico's Energy Reform of 2013, the power industry opened investment and contracting opportunities that were once reserved to the State. In case of transmission and distribution activities, the Mexican State still keeps...more

Argentina Announces Preliminary Highway P3 Bidding Guidelines

by Holland & Knight LLP on

On Dec. 7, 2017, the Ministry of Finance of the Republic of Argentina published the preliminary terms and conditions and technical specifications for Stage 1 of its first public-private partnership (P3) initiative in the...more

Local Government Contracts and Buying American

by Bilzin Sumberg on

In April 2018, President Trump issued an Executive Order calling for stricter enforcement of the federal government’s “Buy American” laws. These laws have been on the books for several decades and generally require that the...more

A New FIDIC Rainbow: Red, Yellow and Silver

by White & Case LLP on

Today, at the International Contract Users Conference in London, the Fédération Internationale Des Ingénieurs-Conseils (FIDIC) launched Second Editions of the Red, Yellow and Silver Books as updates to the First Edition...more

DC Circuit Upholds Validity of Crossing Agreement Between Michigan State Officials and the Government of Canada

On November 21, the U.S. Court of Appeals for the District of Columbia, in Detroit International Bridge Company v. Government of Canada, et al., affirmed the ruling of the U.S. District Court for the District of Columbia that...more

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