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Mills Oakley | Australia | 16 Apr 2021

Life Insurance - Income protection: Quach v MLC Limited (No 6) [2021] FCA 271

This is an interesting case about the application of the duty of utmost good faith in the context of a claim by a doctor for income protection…

Osborne Clarke | United Kingdom | 9 Apr 2021

Relational contracts come under increased focus in the energy sector

The design, construction and operation of major renewable energy assets is often structured contractually under the guise of EPC (Engineer, Procure…

Kubas Kos Gałkowski | Poland | 1 Apr 2021

Appeals courts confirm procedural public policy violations

The Polish courts rarely confirm violations of procedural law. In two recent cases, the appellate courts found that procedural errors in arbitration…

Bennett Jones LLP | Canada | 8 Feb 2021

Supreme Court of Canada Imposes Good Faith Limits on the Exercise of Contractual Discretion

Good faith requires a party who has a discretionary power under a contract to exercise that discretion in accordance with the purposes for which it…

CMS Cameron McKenna Nabarro Olswang LLP | United Kingdom | 29 Sep 2020

Acceptance testing and the deferral of termination rights

A recent TCC decision has considered the ability of an employer to defer exercising rights of termination in the event a contractor fails to satisfy…

Holland & Hart LLP | USA | 24 Aug 2020

Idaho COVID-Related Civil Liability Immunity - Special Session Legislation

When Gov. Little called the Legislature into Special Session on August 24th, he did so with a proclamation that attached draft legislation…

Macfarlanes LLP | United Kingdom | 7 Aug 2020

Corporate Law Update, 07 August 2020

In this week’s update: a shareholder did not act in good faith when dismissing his business partner, a tax gross-up applied only when the tax actually…

Birketts LLP | United Kingdom | 29 Jul 2020

Contracting ‘good faith’ in COVID-19

Businesses have had to rely on ‘good faith’ during COVID-19, but what does ‘good faith’ mean, when does it apply and has COVID-19 affected this duty…

Bowditch & Dewey LLP | USA | 29 Apr 2020

Client Alert: Lender Liability During COVID-19

During an interview with Bloomberg TV on March 6th, Lawrence Summers, former Secretary of the U.S. Treasury, observed: “Economic time has stopped but…

Maitland Chambers | United Kingdom | 28 Apr 2020

Joint ventures: a protean concept in property litigation

In the context of arrangements providing for the sharing of costs and profits from property development, the reader will, of course, know that the…
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