SEARCH OPEN NAV BRIEFINGS BULLETINS VIDEO CASE UPDATES GUIDES THOUGHT LEADERSHIP BOOKS PUBLICATION SUBSCRIPTION BULLETINS CONSTRUCTION BULLETIN, SEPTEMBER 2021 In this edition: One Arbitration for Multiple Contracts: An Overlooked Tool?; Can You Limit Liability for Deliberate Breach?; Maintaining Momentum when the Money Stops; Hong Kong to Introduce SOP Provisions in Government Contracts; Upcoming Events and News One Arbitration for Multiple Contracts: An Overlooked Tool? Many projects involve multiple parties with multiple contracts. Parties may agree to an umbrella dispute resolution clause to enable a “one stop shop” or at least promote a more time and cost effective regime to resolve disputes. However, it is more common that each contract contains its own dispute resolution clause, which may refer disputes to expert determination, arbitration or the courts. Read More Can You Limit Liability for Deliberate Breach? In short, yes. However, there is conflicting authority on whether special rules of interpretation apply to clauses seeking to exclude or limit liability for deliberate breach. The recent case of Mott MacDonald Ltd v Trant Engineering Ltd1 has provided helpful guidance on the interpretation of these clauses. Read More Maintaining Momentum when the Money Stops A common and problematic issue in contracting in the Middle East is the failure of a main contractor to pay its subcontractors due to cash flow issues or worse, due to bankruptcy or liquidation of the main contractor. Read More Hong Kong to Introduce SOP Provisions in Government Contracts Hong Kong has taken the first substantive step towards introducing security of payment (“SOP”) measures, however the planned legislative scheme will be introduced as additional contract clauses in certain categories of Government contracts, as a pilot scheme, rather than via legislation. Read More Upcoming Events & Webinars ICC Australia: New Updates from the ICC International Court of Arbitration A New President, New Arbitral Rules and the 2020 ICC Dispute Resolution Statistics 2 September (5.00 pm AEST) Speakers: Jo Delaney Lighthouse Club Australia The Missing Link – Funding Budgets, Cost Estimates and Project Schedules 9 September (5:00pm AEST) Speakers: Nick Longley Construction Law Summer School Cambridge, UK 13 - 17 September Speakers: Michael Sergeant, Ben Mellors HFW International Construction Arbitration Webinar Series New Arbitral Rules: Key Changes made to “Modernise/Adjust/Adapt” Arbitration 7 October Speakers: Nick Longley, Jo Delaney, Ben Mellors HFW Webinar for EPC Korean Contractors Variations to Construction Contracts in the Middle East 13 October (7:00am – 8:00am GMT) Speakers: Max Wieliczko, Maria Deus, James Plant Australian Arbitration Week Work of the ICC Court of Arbitration and the ICC Commission on Arbitration and ADR 21 October (3:00pm AEST) Speakers: Jo Delaney Hong Kong Arbitration Week Staying on Track for a Successful Arbitration Process 25 October (4:00 - 5:30pm HKT) Speakers: Ben Bury, Peter Murphy RenewableUK Legal & Commercial Conference 19 November Speakers: Richard Booth, Joanne Button 17th Annual Australian Tunnelling Conference, Sydney Design Liability 29 - 30 November Speakers: Nick Longley Our recent team news We have boosted our global construction international arbitration practice with the hire of partner Jo Delaney. Jo is an internationally-recognised disputes expert – ranked in Band 1 in legal directory Chambers – with significant experience in commercial, construction and investment treaty arbitrations and joins our Sydney office. Jo has conducted arbitrations under all major arbitration rules, including the ICC, LCIA, SIAC, AAA, UNCITRAL, PCA and ICSID Arbitration rules. She is one of Australia’s two members to the ICC Court of Arbitration, and is also a member of the ACICA Practice and Procedures Board, and the CIArb Practice and Standards Committee. DOWNLOAD FILE AS PDF Share this page on Twitter on LinkedIn via Email Twitter Linked In Email a link to a colleague Michael Sergeant Partner Joanne Button Senior Associate Jo Delaney Partner Maria Deus Legal Director Roxanne Langford Associate Kelvin Lo Registered Foreign Lawyer TALK TO US Previous Contact MICHAEL SERGEANT PARTNER London +44 (0)20 7264 8034 More about Michael Email Michael Next Contact MICHAEL SERGEANT PARTNER London JOANNE BUTTON SENIOR ASSOCIATE London JO DELANEY PARTNER Sydney MARIA DEUS LEGAL DIRECTOR Abu Dhabi ROXANNE LANGFORD ASSOCIATE London KELVIN LO REGISTERED FOREIGN LAWYER Hong Kong LATEST NEWS SHIPOWNER'S RIGHT TO A GENERAL AVERAGE RANSOM RECOVERY CONFIRMED BY THE COURT OF APPEAL HFW BOOSTS MARKET-LEADING LATAM INSURANCE PRACTICE WITH FORMER SWISS RE PRESIDENT OUR SECTORS LEGAL SERVICES LOCATIONS OUR PEOPLE BREXIT HOME ABOUT US EVENTS KNOWLEDGE & INSIGHTS NEWS & PRESS CAREERS CONTACT US PRIVACY NOTICE ACCESSIBILITY DISASTER RECOVERY LEGAL NOTICES SITEMAP ANTI-MODERN SLAVERY STATEMENT © Holman Fenwick Willan LLP 2021. 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