The Ongoing Fallout from the Achmea Decision

In the Achmea case the Court of Justice of the European Union (ECJ) held that Article 8 of the Netherlands – Slovakia bilateral investment treaty, which allowed for the resolution of disputes by way of arbitration, was incompatible with EU law. The rationale for the decision was that a tribunal may have to interpret or apply EU law and where a question of law arose, unlike a Member State court, that question of law could not be referred to the ECJ. In other words, intra-EU bilateral investment treaty arbitration provisions, as reasoned by the ECJ, deprived the EU courts of jurisdiction in respect of the interpretation of EU law.

We raised the prospect that the ramifications from the decision were potentially far reaching and were not, it seemed, confined to the BIT between Netherlands and Slovakia.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Matthew Friedlander, please visit the Duane Morris London Blog.

Is It Necessity or Choice to Use Technology in Arbitration?

The global pandemic continues to challenge us, with various measures ranging from further lockdowns to restrictions on in-person meetings. The judicial machinery, including that in the arbitration world, has continued to function throughout the pandemic notwithstanding the difficulties of embracing innovative processes and new technology.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Tanya Chadha, please visit the Duane Morris London Blog.

Is This the End of Intra-EU BIT Arbitrations?

The impact and uncertainty caused by the Achmea case on investor state dispute settlement provisions contained in intra-EU Bilateral Investment Treaties continues. These issues are potentially far reaching and may extend further than originally envisaged, namely that this case was arguably specific to the BIT between Netherlands and Slovakia.

To read the full text of this blog post by Duane Morris attorneys Vijay Bange and Matthew Friedlander, please visit the Duane Morris London Blog.

Are We Ready for the Net-zero Age in the Decarbonization of the UK Construction Sector?

It’s probably too early to deliberate whether COP 26 was a success, and if progress has been made since Paris. Glasgow will be remembered for the passionate speech from the Maldives representative, which reminded us (if ever we needed reminding) of the Armageddon-esque effects of climate change to the planet as a whole, and to small island nations in particular. The target remains to aim for net-zero carbon emissions by 2050, and to keep global warming close to 1.5 degrees.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

Duane Morris Named Law Firm of the Year for Litigation-Construction by U.S. News-Best Lawyers

Duane Morris’ Litigation-Construction practice received a preeminent ranking in the U.S. News-Best Lawyers 2022 Best Law Firms results: the selection as Law Firm of the Year for Litigation-Construction. The firm previously received this honor in 2015 and was honored as Law Firm of the Year for Construction Law in 2013 and 2014.

Only one law firm is recognized as the 2022 Law Firm of the Year per practice group. According to U.S. News-Best Lawyers, Duane Morris received this designation for Litigation-Construction due to its impressive overall performance.

To read more about this award, please visit the firm website.

Earth, Wind and Fire- Energy and the Green Agenda. The New Industrial Revolution?

Globally, notable incidents of freak weather events giving rise to destruction and death have dominated the news. The increasing frequency of these erratic climate events has undoubtedly raised awareness of global warming and, on a political level, the need for states to move quicker towards green energy and the reduction of carbon emissions. Global warming is an inescapable issue that affects us all and which has forced governments to elevate this to the top of the agenda, filtering down to economic policies that will touch upon most industry sectors.

On 31 October 2021, representatives from over 200 countries are set to descend on the Scottish city of Glasgow for the  United Nations climate change conference; the 26th Conference of the Parties (COP26).  During this global climate summit, world leaders are expected to talk all things climate change.  Commitments have already been made to aggressively tackle global warming and the reduction of carbon emissions.  Energy is therefore likely to be high on the agenda.

To read the full text of this post by Duane Morris attorneys Vijay Bange  and Tanya Chadha please visit the Duane Morris London Blog.

UK: Public Consultation and Duty to Protect

Last week marked 20 years of the horrific terror attacks on the Twin Towers in New York. 2017 saw the atrocious attacks at the Manchester Arena, and subsequently Fishmongers’ Hall in London, and sadly there were others. Global events may create yet further security uncertainty and risks from potential terror attacks.

In February this year James Brokenshire, the Security Minister, reiterated the government’s commitment to improving public security, and to action the findings and lessons learned from the ensuing inquiries. The Home Office has commenced a public consultation on the use of a ‘Protect Duty’. In short this will require businesses, public bodies and security firms to consider risks of a terrorist attack and to ensure proportionate and reasonable measures are taken to protect the public.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

UK: Disputes in the Construction, Engineering and Energy Sectors

Recently a paper was published in Construction Law, “The root cause of evil!” Construction Law, August 2021. An analysis was undertaken of HKA’s integrated research program that collects data on global claims/ disputes across 88 countries. An examination was undertaken of trends emerging across the UK, Middle East, US, Caribbean and Latin America.

To read the full text of this blog post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

UK Construction: Not all Collateral Warranties are Construction Contracts

The contractual matrix of commercial construction projects commonly includes collateral warranties.  Collateral warranties typically grant a contractual cause of action to third parties (such as tenants or end-users) with an interest in the project who may not otherwise have a contract in place with parties that are designing, constructing or providing professional advice on the project.   For the beneficiary, a collateral warranty can therefore be invaluable.

To read the full text of this blog post by Duane Morris attorneys Matthew Friedlander and Tanya Chadha please visit the Duane Morris London Blog.

Duane Morris Construction Group Ranked in The Legal 500

Duane Morris’ Construction Group has been ranked in The Legal 500 US 2021 guide.

An excerpt from the publication:

Responsive, transparent, knowledgeable and hard-working,” the team at Duane Morris LLP handles the full range of contentious and non-contentious matters for a variety of project types. In 2020 the team led litigation relating to transport infrastructure, commercial developments and hospitality sites, and also handled contracts work for construction companies, universities and companies in heavy industry.

Meghan DiPerna is named a “Next Generation Partner.”

Testimonials

      • “The firm is exactly what you hear about them: responsive, transparent, knowledgeable and hard-working. They are as talented at articulating and presenting solutions to complex situations as they are with the substantive law.”
      • Owen Newman – Chicago – is an absolute top-notch construction litigator who understands how to handle large, complex construction matters, how to implement a team to work towards a business resolution, and works with all in-house attorneys in the spirit of a true team. He also understand the concepts of construction scheduling and thus works well with outside experts.”
      • “The firm is outstanding. They do an excellent job on construction-related matters. We have worked with them for over 15 years. They are practicable and understand our needs.”

For more information, please visit the firm website.