Archive for April, 2010

The Middle East Nuclear Renaissance – Update

To continue the nuclear theme of my last blog, which considered the legal and regulatory frameworks necessary for a country aspiring to nuclear power, and suggested that the UAE had set the bar high in its progress to date, this blog looks at what other countries in the region are up to and how all these projects might be financed.read more »

FCPA Violations Now Drawing Extended Stays in Federal Pen

On Monday, April 19, 2010, a federal judge in the Eastern District of Virginia handed down “the longest-ever prison sentence” for a Foreign Corrupt Practices Act (FCPA) violation. Charles Jumet was sentenced to 87 months in prison for conspiring to violate the FCPA and for making false statements to federal agents. Jumet, a vice president [...] read more »

When is a termination not a termination?

The Court ruled that by sending a letter terminating the contract in accordance with its termination procedure, Shell had “affirmed” the contract – i.e. treated it as continuing. This cost Shell about $15m.
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A parting of the cloud

When is it safe to terminate under a contract?
Volcanoes – we have rather a lot of them in Asia, but even we’ve been obsessing about the infamous Icelandic one, this week. Though 6000 or more miles away from the action, Japanese car manufacturers relying on components from Ireland and Korean mobile phone suppliers ready to [...] read more »

Major Swiss Contractor To Be Taken Over by Indian Hindustan Construction Company

Swiss construction companies have recently become the targets of take-overs by foreign contractors or investors. The first such acquisition was that of Losinger Group by the French construction giant Bouygues. The long-lasting battle between the UK investment fund Laxey and the largest Swiss construction group, Implenia, however ended differently, when Laxey sold its shareholdings after having failed to take over the Swiss group. read more »

THE WAGE PROTECTION SYSTEM IN THE UAE

News headlines in the UAE have recently proclaimed that “companies defaulting on salaries will soon be a thing of the past” (Gulf News), as the UAE government has launched its Wage Protection System (the “WPS”). Certainly the WPS is a significant step to protect the rights of workers in the UAE, and given the size and importance of the construction sector in the UAE, the WPS will also have a big impact on how employers in the UAE construction industry operate and pay employees. We look at the WPS, how it will operate and the impact the WPS will have on employers and employees across the UAE.read more »

Tests on Completion under the FIDIC Yellow Book

I am a contractor working on a wastewater project in Eastern Europe, using the FIDIC Yellow Book –Design & Build. Vol.3 of our contract contains the following clause:
“Tests on Completion
The test on completion duration shall be 90 days.
The first 30 days shall be a monitoring period during which the Contractor sets up the operation of [...] read more »

Legislation on waste disposal in Russia: some practical tips for contractors

Post prepared by Karina Chichkanova (Partner, Head of Salans’ St. Petersburg Real Estate Group) and Galina Pashkovskaya (Associate)
In connection with the constantly increasing volume of construction in Russia, one of the main issues that developers and construction companies encounter is the problem of managing the waste that results from wrecking or construction works, as well [...] read more »

Contractual Easter Eggs

Monday was a public holiday in China, to celebrate Qing Ming, the Chinese tomb-sweeping festival which also happily coincided with Easter. I spent some time explaining to my Chinese friends the Easter story, and how in recent times there have been other interpretations involving bunnies and chocolate eggs.
China has been busy hatching some of its [...] read more »

Opening the Door to U.S. Federal Court a Wee Bit Wider

When forced to litigate in the U.S., many businesses – especially multinational ones – prefer to be in federal rather than state court. The U.S. Supreme Court just made it a bit easier to fulfill that desire.
Most construction disputes are contract cases not involving federal law, so a federal court will only have [...] read more »