The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...

Over the weekend in Paris two weeks of negotiations culminated in the adoption by all parties to the United Nations Framework Convention on Climate Change of a conference decision and Paris Agreement to address climate change The combined Paris Outcome commits parties to limit global temperature ...

Water Services Association of Australia and Infrastructure Partnerships Australia the peak bodies for water utilities and infrastructure respectively have released a joint report that calls for major reform in the provision of urban water services across Australia The report suggests that there is a ...

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

The World Bank has released its Benchmarking Public Procurement 2016 report which provides comparable data on regulatory environments that affect the ability of private companies to do business with governments in 77 economies Allens Partner Leighton OBrien and Linklaters Counsel Julia ...

The final report of the Review of Governance Arrangements for Australian Energy Markets has made a number of recommendations to improve the effectiveness and efficiency of each governing body in the Australian energy market while concluding that the governance arrangements are fundamentally sound ...

A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...

Whether or not to more broadly adopt a user-pays model for road infrastructure is a contentious debate within Australia A number of industry participants and bodies have shown leadership in framing and enriching the debate while others have sought to politicise or inflame the core issues Partner ...

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...