Commercial construction projects can be complex and challenging to manage, with numerous factors that can lead to disputes and conflicts. Disputes can arise from a variety of sources, including communication breakdowns, design changes, cost overruns, and scheduling conflicts. These disputes can lead to delays, increased costs, and damaged relationships between parties involved in the project. ...Read More
This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85. It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration...Read More
The majority of matters that are arbitrated in the international arena are construction dis-putes involving claims for damages for breach of contract. The primary reasons for the increas-ing popularity of arbitration are flexibility, expertise on the arbitral panel, and the attraction of the assumed ease of enforcement in countries that are parties to the New...Read More
A study on the difficulties that face the enforcement of foreign arbitral awards in the Asia Pacific, namely in Singapore, Indonesia and Hong Kong. The article can be downloaded hereRead More
The NSW Court of Appeal’s recent decision in Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227 has once again demonstrated the willingness of courts to give effect to commercial contracts and its reluctance to hold commercial contracts void for uncertainty. The issue in the case was whether the Heads of Agreement entered into...Read More
Mediation, Adjudication and Arbitration – What gets the job done? from Laina Powerpoint for the talks presented at the Thomsen Reuters Building and Construction Law Conference in Sydney and Brisbane in November 2018 on Alternative Dispute Resolution in Construction Project may be viewed here as well.Read More
Doing deals and avoiding squeals from Laina Powerpoint for talk presented in Chicago at the 2018 International Society of Construction Law conference on Doing Deals and Avoiding Squeals, the successful delivery of infrastructure projects may be viewed here as well.Read More
Powerpoint to accompany the first of a series of chatz between Ian Bailey SC and Laina, the video may be viewed at https://youtu.be/TVVSSbLUm0gRead More
