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The latest issue of the Building and Construction Law Journal (Volume 34 Part 6) contains the following material:
EDITORIAL – Editor: Michael Christie SC
- Significant Cases Reported in Volume 34
- Estoppel by Conduct and Election (2nd ed) by the Honourable KR Handley QC – Reviewed by Michael Christie SC
Notices, Time Bars and Proportionality – Sir Rupert Jackson
A talk to the Hong Kong Society of Construction Law on 21 September 2018.
Construction Disputes as Treaty Claims: A Claim by Another Name – Leon Firios and Kanaga Dharmananda SC
This article considers how and when a contractor engaged in an international construction project may pursue claims directly against the project’s host state under an international investment treaty. Investment-treaty arbitration may be attractive when the contractual dispute-resolution mechanisms are frustrated or unavailable, or for broader strategic reasons. The approach to treaty arbitration is not a matter of last resort but rather a path that is well-trodden, and may well lead to recovery. The article concludes with a practical guide, in the form of a flowchart, about the availability of treaty claims in construction disputes.
- Actron Investments Queensland Pty Ltd v DEQ Consulting Pty Ltd
- Mann v Paterson Constructions Pty Ltd
- Ian Street Developer Pty Ltd v Arrow International Pty Ltd
For the PDF version of the table of contents, click here: BCL Vol 34 No 6 Contents.
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