I had a great meal in an ethnic Indian restaurant recently and was pleasantly surprised to discover that the cook was an overseas Chinese! The construction industry, like the food and beverage business, shows considerable partiality to foreign workers. The most common reason – lower labour costs. Thus, the construction industry is filled with foreign…

With reason, non-Americans tend to be wide-eyed at the extent to which U.S courts require affirmative disclosure of potentially relevant documents and facts – and at the cost these discovery procedures routinely entail. One change just announced, however, represents a bit of retrenchment that will make handling construction disputes in U.S. Federal courts a bit…

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…

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.

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.

On 26 December 2009, the PRC Tort Liability Law (the “Tort Law”) was promulgated following a seven-year period of discussions and debate. The law will enter into effect on 1 July 2010.

The Tort Law marks a milestone in PRC legislative history, and will have myriad implications for diverse areas of private and commercial activity.

The capacity of an unsuccessful tenderer to challenge a contract award which breaches public procurement rules will be strengthened on 20th December with the coming into force of new Regulations implementing an EU Directive on Remedies. The new Regulations introduce a declaration of “Ineffectiveness” as a remedy for certain breaches of procurement rules and provide…