Infrastruktur

Aktuelle eAlerts

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  11/10/2024

  International

  The use of good faith arguments in time-bar disputes

  Good faith obligations are often raised in international construction disputes to overcome time-bar defences raised by employers. This Law-Now considers the approach to enforcing time-bar clauses under English law and in civil law jurisdictions before considering a recent DIFC decision which arises under the unique combination of English and civil law contained in the DIFC’s Contract Law.Time-bars under English lawThe English courts have traditionally shown themselves to be supportive of enforcing time bar clauses if they are not strictly complied with. Such clauses are intended to promote...

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  10/09/2024

  International

  CMS Annual Review of English Construction Law Developments: An International Perspective

  We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments. The Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition has a strong focus on exclusion and limitation clauses, with more than half of the...

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  29/08/2024

  EU

  European Commission’s call for evidence on the revision of the guidelines on State aid in the aviation sector

  GB FR

  The European Commission has launched on 27 August a public consultation on State aid in the aviation sector. The consultation will run until 8 October 2024.The 2014 Guidelines on State aid to airports and airlines provide for:the interpretation on the notion of State aid in regard to public interventions for airports and airlines;the compatibility conditions for investment aid to airports with up to 5 million passengers per year;the compatibility conditions for operating aid to airports with up to 3 million passengers per year;the compatibility conditions for start-up aid to airlines for new routes...

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  16/07/2024

  United Kingdom

  Adjudication mandatory under standard PFI disputes clause

  A TCC decision earlier this year has considered whether the standard SoPC dispute resolution procedure contained in many PFI contracts imposes a mandatory requirement to adjudicate before court proceedings can be commenced. The Court held that adjudication was a mandatory step prior to the commencement of proceedings, but declined to strike out or stay the claim, notwithstanding a failure to adjudicate. The Court’s decision addresses an important question on the standardised wording and will be of significance to the way in which PFI disputes are managed going forward. Lancashire Schools...

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  18/06/2024

  UAE

  UAE’s new Maritime Law – a closer look at the revised law on vessel arrests

  The UAE government recently issued Federal Decree-Law No 43 of 2023 on Maritime Law, which came into effect on 29 March 2024 (the “Maritime Law”).The Maritime Law aims to modernise the legal framework for maritime activities, align with international standards, and enhance the UAE's status as a regional shipping hub. This represents a substantial change from the old maritime law, Federal Law No.26 of 1981 Concerning Commercial Maritime Law.Our previous Law-Now on the Maritime Law previously addressed the changes to vessel registration, liens, chartering, and time bars, which you can...

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  11/06/2024

  Polen

  Poland to create regulatory environment for development of hydrogen market

  GB PL

  In May 2024, the Polish government published the legislative package known as the ‘Hydrogen Constitution’, a milestone in achieving the goals of Poland’s hydrogen strategy. The draft lays the foundations for the development of the green hydrogen market for achieving climate neutrality and strengthening the competitiveness of the Polish economy.Background, genesis and scope of the changesAlthough Poland is currently one of the leading hydrogen producers in the EU, this production primarily relies on grey hydrogen, which is produced through reforming natural gas or other hydrocarbons...

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