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16 Sep 2020

Successfully working with an independent certifier

by Nikita Cellini, Trainee Solicitor - Toronto, Canada

Independent Certifiers are increasingly being used in contracts in Canada and Australia. Differing in many respects from contract administrators such as the FIDIC Engineer, the Superintendent under the AS4000[1] or NEC Project Manager, working with an IC requires a subtly different approach. This article draws on Systech Law’s experience to provide an overview of the

10 Jul 2020

The feeling is mutual: Reciprocity of contract and enforcing obligations

by Keith Bishop, Partner - South Africa

Assisted by James Rooney, Legal Advisor - South Africa Introduction Just as everyone is growing accustomed to hearing a French maxim associated with Coronavirus (force majeure), it seemed like time to bring you a Latin one (exceptio non adimpleti contractus, “the exceptio”[1]), which is part of South African law and a concept with which the

09 Jun 2020

Covid-19: risk mitigation and confidentiality

by Mark Thomas, Director, Disputes and Expert Witness Services - Dubai

Mark Thomas, our Director of Disputes and Expert Witness Services, considers Covid-19 from a Middle East perspective, offering steps to preserve contractual rights and entitlements, privilege and confidentiality during settlement negotiations.

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