Banks and corporates may need to deal with counterparties who seek to renegotiate or fail to comply with their contractual obligations. In this section, we give practical tips for dealing with the early stages of disputes and examine the contractual provisions that are likely to lead to difficulties, including particular contracts that may come under the spotlight, such as the ISDA Master Agreement. We also set out the consequences of impaired or non-performance, including termination and enforcement.
On May 7, 2020, the government published a guidance note on responsible contractual behaviours which applies to all contracts impacted by COVID-19 with immediate effect.
We asked a group of our dispute resolution lawyers about the questions most frequently asked by their clients in relation to force majeure claims.
COVID-19 has increased the immediate risk of corporate class actions in multiple areas, yet it can also drive lasting class actions law reform in Australia.
To what extent is the exercise of rights and obligations under commercial contracts subject to implied duties of good faith and/or reasonableness?
The International Federation of Consulting Engineers (FIDIC) recently published guidance for its contract users which is aimed at helping them manage some of the situations that are arising across the world as a consequence of the current pandemic.
As March bills begin to come due for small and large businesses alike, many insurers and brokers will be presented with claims relating to COVID-19 losses that businesses continue to incur.
The Judiciary of Hong Kong announced on April 2, 2020 that Courts would start using video-conferencing facilities for remote hearings for suitable civil cases of the High Court.
Inevitably and like every sphere of normal life, existing dispute resolution proceedings, whether in national courts or arbitration, are already experiencing the impact of the COVID-19 outbreak. Where possible, hearings have been delayed or relocated. However, as the lockdowns extend for the foreseeable future, hearings will still need to be held. Many national courts and arbitral institutions are now alive to these issues and are looking at solutions, in particular technological ones.
Insurers were inevitably going to face challenges in response to the wave of claims resulting from COVID-19 losses.
Essential goods and services suppliers face unprecedented demand in an environment where exceptional safety measures need to be taken.
The US DOL issued guidance which answers questions on the new federal coronavirus paid sick leave and emergency FMLA leave.
Parties should cautiously utilize "general notices" of force majeure in construction contracts.
The COVID-19 crisis affects how eDiscovery is currently being undertaken and will impact discovery long after we overcome this pandemic.
Many investigations across the globe are currently being conducted remotely, with in-house investigators/lawyers, external counsel and other providers, and even government prosecutors, working from their homes.
We all are familiar with the phenomenon of event-based securities litigation.
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