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It Takes Two to Tango: Judicial Encouragement of ADR

Posted by David Levin on October 1, 2009

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Category: ADR
David Levin QC (2009) 28 The Arbitrator & Mediator 71 Further information can be downloaded: Download

Proportionate liability in arbitrations in Australia?

Posted by David Levin on October 1, 2009

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David Levin QC (2009) 25 BCL 298 This article [first published in (2009) 25 BCL 298] explores the vexed issue of whether proportionate liability legislation applies to arbitrations conducted under the Commercial Arbitration Acts. The Tasmanian Full Court has delivered its judgment in the Aquagenics appeal referred to in this paper.  It is reported at [2010] TASFC 3.  Although essentially obiter, the judges in the Full Court supported the proposition that the proportionate liability legislation in Tasmania, at

Defects In Commercial Building and Engineering Structures-Liability to a Subsequent Purchaser for Pure Economic Loss

Posted by Andrew Kincaid on October 1, 2009

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Andrew Kincaid (2009) 36 BDPS News 19 Further information can be downloaded: Download

Costs, Judicial Discretion and the Encouragement of ADR in Hong Kong

Posted by David Levin on October 1, 2009

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Category: ADR
David Levin QC (2009) July Asian Dispute Review Court rules across the Common Law world reflect that, until recently, a party rejecting a proposed settlement offer usually bears little risk of an adverse costs order unless the offer exceeds the judgment or award ultimately obtained.  Is this a sensible approach?  The new court rules in Hong Kong provide an excellent opportunity for courts to follow current English practice and encourage and support the adoption of a

Practical Guide to Engineering and Construction Contracts

Posted by Donald Charrett on September 1, 2009

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Philip Loots and Donald Charrett (2009) CCH This hardcover book of 450 pages is a concise practical guide to the law relating to construction contracts in Australia.  It is written for end users working at the “coalface” negotiating and administering construction contracts, and the book does not assume any prior formal knowledge of the law of contracts.  It assists readers to understand the risks associated with these contracts and how to minimise them. In the

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