The IBA’s response to the war in Ukraine
Construction Law International - June 2021
Launched in March 2006 and published quarterly, Construction Law International is a thought-provoking magazine with a balance of substantive and practical articles and news that anyone involved in the international construction industry will wish to receive.
In addition to feature articles, each issue includes latest updates from around the world, case updates and regular columns from experts across the globe. Construction Law International is sent to all members of the International Construction Projects Committee as part of their membership package. Back issues are available online.
If you would like to write for Construction Law International, please contact firstname.lastname@example.org. Download Guidelines for submission of articles and news items here. Download the IBA In-House Style Guide here.
Latest Issue - Vol 16 No 2, June 2021
This article analyses when claims for expropriation of contractors’ contractual rights can be made against states on the basis of international investment treaties. The approaches adopted by arbitral tribunals in expropriation claims are examined in relation to various types of contract and then compared to the approaches followed in relation to construction contracts. This article concludes that construction contract cases do not differ from the cases relating to other contract types when it comes to expropriation of contractual rights. It also proposes some recommendations on the subject to contractors as potential foreign investors.Read Article Online
The impact of Brexit will have major implications for workers in the construction industry, because the United Kingdom’s exiting of the European Union will end free movement and restrict migration by a point scoring system based on salary and skill level. The workers who benefitted from free movement from Eastern Europe will be restricted by the imposition of the Tier 2 system, which restricts the employment of migrants to either a ‘highly skilled’ role or ‘medium skilled’ personnel. This will exclude large numbers of construction workers because they will be unable to score enough points. This article examines the discrimination suffered by workers from Eastern Europe, and in particular from Romania and Bulgaria, in the construction industry.Read Article Online
Mino Han, JB Kim
International construction projects were hit hard by the Covid-19 pandemic in 2020, which caused, and continues to cause, disruption to global supply chains, restriction of movement of personnel and goods, and an increase in cash-flow constraints. Consequently, contractors have been forced to change their work procedures, often leading to significant extra costs.Read Article Online
• India’s parliament introduces bill to alter Arbitration Law: attempt to put an end to fraudulent practices
• The consolidation of India’s construction laws: a long overdue reform
• Changes to Panama’s Public Procurement Law