HSF CONTRIBUTES TO GAR’S ‘THE ASIA PACIFIC ARBITRATION REVIEW 2022’

Tokyo Partner Craig Shepherd, together with Singapore Of Counsel Daniel Waldek and Associate Mitchell Dearness, have contributed to GAR’s ‘The Asia Pacific Arbitration Review 2022′ with a section on construction and infrastructure arbitration in Asia Pacific. The authors consider the potential impacts of Covid-19 disruption and the transition to green energy on construction disputes in … Read more

Owner’s termination of oral contract falls away in absence of a repudiatory breach

Significant construction projects often have contracts running to thousands of pages, yet still there is room for the parties to argue that other promises have been made orally, often in meetings on site. Important lessons concerning oral agreements can be learned from smaller construction projects where parties will sometimes agree all of the terms orally … Read more

English High Court holds that there should be no presumptions when construing clauses purporting to exclude or limit liability in the context of allegedly deliberate or repudiatory breach

Mott MacDonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) concerned an application for summary judgment by Mott MacDonald Ltd (“Mott”) on whether the fundamental, deliberate and wilful breaches of contract alleged by Trant Engineering Ltd (“Trant”) fell within scope of the clauses limiting and restricting Mott’s liability. Trant took the position that the counterclaim … Read more

Africa Construction Law Week – Presentations and recordings now available

HSF is proud to have supported the work of Africa Construction Law (ACL) by hosting and participating in the West Africa sub-regional session of the ACL’s inaugural virtual conference, Africa Construction Law Week. The virtual conference brought together experienced construction law professionals from across the continent (West, East, North, South, Francophone and Lusophone) to discuss … Read more

Case Digest: TCC adjourns application for strike out/summary judgment in relation to combustible cladding class action leaving (among other things) the calculation of diminution in value for consideration at trial

Elaine Naylor & Others v Roamquest Limited and Galliard Construction Limited [2021] EWHC 567 (TCC) concerned a class action brought by leaseholders of a mixed residential and commercial development against the developer/freeholder and contractor. In these proceedings, the Defendants applied to strike out (or for summary judgment to be granted in relation to) the Claimants’ claim … Read more

Herbert Smith Freehills to participate in London International Disputes Week

London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. With its theme: “Looking forward: change, challenge and opportunity”, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The programme draws … Read more

Africa Construction Law Week: West Africa Sub-Regional Session

HSF is proud to support the work of Africa Construction Law (ACL) and will be participating in the West Africa sub-regional session of the ACL’s upcoming inaugural virtual conference, Africa Construction Law Week. The virtual conference will bring together experienced construction law professionals from across the continent (West, East, North, South, Francophone and Lusophone) to … Read more

Case Digest: TCC enforces adjudicator’s decision notwithstanding that relevant construction contract included exclusive jurisdiction clause in favour of foreign court

Motacus Constructions Limited v Paolo Castelli SPA [2012] EWHC 356 (TCC) concerned an application for summary judgment to enforce an adjudicator’s decision, which raised an apparently novel question as to whether the inclusion of an exclusive jurisdiction clause in favour of a foreign court in a construction contract for works in England precluded the English … Read more