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.

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.

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.

UK Construction: Legal Riddles and Unsolvable Problems in Multiplex v Bathgate

The decision in Multiplex Construction Europe Ltd v Bathgate Realisation Civil Engineering Ltd and Others is one of the more curious decisions you will ever read.

However, the density and depth of the judgment does not mean it is without interest; far from it. In fact I suspect this case will prove to be one of the more fascinating legal tangles the Courts will be asked to unravel this year.

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

We Still Need Infrastructure in the Digital Age

In 2021, we don’t have hovercars but what we do have is quite incredible digital and information technology that allows many of us to work, shop, order pizza and watch the latest blockbuster from the comfort of our living rooms. And of course, over the last year, most of us having been doing that an awful lot. Because of this, people have started to question whether we now no longer need roads, or indeed all of that other pesky infrastructure that blights our countryside, creates pollution and tends to cost quite a lot of money. 

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

UK Infrastructure: A Step Too Far?

Large infrastructure projects are often subject to intricate contractual relationships between the relevant stakeholders, and this will also include collateral warranties to cover any potential gaps in liability to mitigate potential effects of one of the participants in the contractual matrix becoming insolvent. Parties lower down the contractual chain may engage their own designers or consultants to discharge their obligations up the contractual chain. An interesting scenario arose in the recent case Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd (Formerly Dunne building & Civil Engineering Ltd (In administration) (2) BRM Construction LLC (3) Argo Global Syndicate 1200 (2021) , and the two issues that were heard by way of preliminary issue.

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

Can Climate Change and Infrastructure Projects Co-Exist?

The Guardian on Tuesday 30th March had an interesting article entitled “UK criticised for ignoring Paris climate goals in infrastructure decisions”. In summary, various luminaries, scientists, legal and environmental experts, have written a letter expressing concern about the UK’s infrastructure projects and the UK’s participation in the Paris Agreement.

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

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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