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The latest issue of the Building and Construction Law Journal (Volume 34 Part 6) contains the following material:

EDITORIALEditor: Michael Christie SC

  • Significant Cases Reported in Volume 34

BOOK REVIEW

  • Estoppel by Conduct and Election (2nd ed) by the Honourable KR Handley QC Reviewed by Michael Christie SC

Articles

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.

REPORTS

For the PDF version of the table of contents, click here: BCL Vol 34 No 6 Contents.

Click here to access this Part on Westlaw AU

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