Projects Insights

16 March 2010

Welcome to the March edition of Projects Insights, in which we'll look at:

  • whether you can contract out of a proportionate liability scheme
  • the latest developments across Australia in security of payment legislation
  • exclusion clauses in Requests for Proposals - do they really work?
  • the future of alliancing
  • circuit-breakers and expert determinations clauses; and
  • why international arbitration is so helpful in resolving cross-border disputes.

Can you avoid a proportionate liability scheme by referring all disputes to an arbitration?

By Owen Hayford and Audrey Echevarria.

There's been a lot of debate about whether you can avoid a proportionate liability scheme by referring disputes to arbitration, but a clear answer might just have been provided, as Owen Hayford and Audrey Echevarria explain.

Security of Payment - new legislation: What you need to know

By Jonathan McTigue and Paul Trewartha.

Jonathan McTigue and Paul Trewartha round up the latest developments in security of payment laws across the country.

Excluding liability in a procurement process

By Cate Greene.

Does your exclusion clause in your Requests for Proposals do what you want it to do? Maybe not, as Cate Greene shows.

Is public sector alliancing dead?

By Owen Hayford and Robyn Metledge.

Owen Hayford and Robyn Metledge tease out the implications of the recent report by four State Treasuries, "In Pursuit of Additional Value: A benchmarking study into alliancing in the Australian Public Sector".

Why is arbitration the best way to resolve cross-border disputes?

By Doug Jones and Julia Dreosti.

International arbitration is still something of a mystery, especially to those it could benefit the most. Doug Jones and Julia Dreosti discuss why international commercial arbitration is gaining in popularity.

Circuit-breakers to have effective expert determination

By Frazer Moss and Logan Campbell.

Frazer Moss and Logan Campbell look at a recent court decision in Victoria and what it means for your expert determination clause.

Clayton Utz advises Victorian Government on innovative Peninsula Link deal

A Clayton Utz team led by Melbourne-based Major Projects Partners Marko Misko, Naomi Kelly and Dan Fitts provided strategic legal and commercial advice to the Victorian Government on the recently closed Peninsula Link Project.

Clayton Utz to open Hong Kong office

After many years working in Asia, we've decided to make the arrangement a little bit more permanent, with the opening of a new office in Hong Kong.

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