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  10/12/2024

  International

  Construction contracts and choice of law for non-co­n­tra­c­tual obligations: risks and opportunities

  Non-contractual claims can in certain circumstances provide additional rights of action which are not otherwise available under a construction contract. The ability to choose the law governing such rights therefore provides an opportunity to employers and contractors to influence the extent to which such claims can be brought. A growing number of countries now permit parties such a choice, either through their domestic conflict of laws rules or as part of their arbitration law. In this Law-Now, we provide a summary of the relevance of non-contractual claims to construction disputes and some recommendations...

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  28/11/2024

  International

  CMS’s insights on COP29 themes

  The discussions at COP29 Azerbaijan show how difficult it is to achieve global environmental goals. CMS lawyers have been reflecting on the themes of the conference in short videos and articles, housed on the CMS COP29 hub.A summary of CMS’s coverage is below and if you’d like to hear directly from the CMS COP29 delegates, now home from Baku, please join their discussion on Friday 29 November by registering here: CMS at COP29 online sessionBridgett Majola reflects on the need to align climate finance contributions with global needs and the current situation in Africa.Munir Hassan discusses...

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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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  11/06/2024

  Brazil, UK

  Current floods in the south of Brazil: a quick overview of the largest natural catastrophe in the country’s history and its implications for the insurance and reinsurance markets

  Torrential rain in the very south of Brazil since the end of April 2024 has caused massive flooding across hundreds of cities in the state of Rio Grande do Sul.  In terms of affected area and economic losses, whilst the latter amount cannot yet be calculated, the floods in the State of Rio Grande do Sul are already the most catastrophic event to ever occur in Brazil. This tragic event is putting societal resilience to the test and shall intensify the debate over how to manage risks of catastrophic incidents, including through private and public insurances.Experience of previous large losses...

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  29/04/2024

  International

  On your radar | Key employment issues to be aware of in­te­r­na­tio­na­lly

  We are delighted to share with you our latest and largest edition of On Your Radar, with contributions from 35 countries. As ever, you will find employment law updates covering a diverse range of topical developments, for example:Several countries report changes to their rules on hiring foreign workers – Hungary, Serbia and Romania.Belgium explains that companies with over 50 employees must appoint a person of trust who plays an important role in protecting employees against psychosocial risks in the workplace including sexual harassment. At a time when employers are looking for ways...

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  29/09/2023

  International

  EP Case Law in Brief: Erroneous Disclosures

  “Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and the accompanying case law, provides for the possibility of a ‘get out of jail free card’ for novelty objections in certain circumstances.An invention is "considered to be new if it does not form part of the state of the art". The "state of the art" is defined as "everything made available to the public by means of a written or oral description, by use, or in any other way, before...

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