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UK: Government updates its guidance on responsible contractual behaviour
This article is an update to our previous post on the government’s guidance on responsible contractual behaviour for contracts impacted by COVID-19.
How are businesses managing disputes?
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.
Latest insights
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UK: COVID-19 Real Estate Update: Corporate Insolvency Governance Bill and further curbs on landlords pursuing rent arrears
On April 23, 2020, the UK Government announced additional temporary restrictions on commercial landlords pursuing outstanding rent (see our Briefing). It has now published full details.
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Global: Guide to force majeure amid COVID-19
Global: COVID-19 pandemic is increasingly impacting business operations, including the ability of companies to meet their contractual obligations.
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Australia: The COVID-19 class actions storm: A necessary spark for lasting change
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.
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UK: Government publishes guidance on “responsible contractual behaviour” to all contracts impacted by COVID-19
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.
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UK: Q&A on COVID-19-related force majeure claims
We asked a group of our dispute resolution lawyers about the questions most frequently asked by their clients in relation to force majeure claims.
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UK: Exercising rights and obligations under commercial contracts: Must you act in good faith?
To what extent is the exercise of rights and obligations under commercial contracts subject to implied duties of good faith and/or reasonableness?
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Global: FIDIC’s COVID-19 Guidance Memorandum to users of its standard construction contracts
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.
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US: COVID-19 and business interruption claims: The looming US battle ahead
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.
Update
Hong Kong: Remote hearings by video conference now available in High Court
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.
Publication
Global: COVID-19 and the approach to proceedings, hearings
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.
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UK: COVID-19: Reinsurance challenges
Insurers were inevitably going to face challenges in response to the wave of claims resulting from COVID-19 losses.
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US: Critical issues facing suppliers in the COVID-19 pandemic
Essential goods and services suppliers face unprecedented demand in an environment where exceptional safety measures need to be taken.
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US: DOL answers questions on new federal sick and family leave
The US DOL issued guidance which answers questions on the new federal coronavirus paid sick leave and emergency FMLA leave.
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US: COVID-19 force majeure notices for US construction projects: What’s the value of a general notice?
Parties should cautiously utilize "general notices" of force majeure in construction contracts.
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eDiscovery in the time of COVID-19
The COVID-19 crisis affects how eDiscovery is currently being undertaken and will impact discovery long after we overcome this pandemic.
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UK: Conducting investigations remotely: Five key points to navigate the new normal
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.
Publication
US: Mitigating risks in coronavirus securities litigation: Steps to take now
We all are familiar with the phenomenon of event-based securities litigation.
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