Over the past 10 years business has had to adapt to the proliferation of competition laws worldwide. Now, more than 100 jurisdictions enforce competition laws, with others following suit.
This introduction deals first with potential opportunities in arbitration for lawyers who specialise in criminal work and then proceeds to consider some current issues relating to expert evidence in the field of accountancy.
As readers of this publication know, these are boom times for private fund lawyers and their clients. Although the fourth edition of the International Who’s Who of Private Funds Lawyers was published in early 2006 at a time of significantly increased levels of fundraising across almost all fund categories, activity levels during the 12 months since then have surpassed even the most bullish expectations; 2006 was a record fundraising year both for private equity and hedge funds. However, as noted below, success has brought its challenges for the industry.
The short answer is “Life, the Universe and Everything”! Although the late Douglas Adams was almost certainly not thinking of this industry when he penned his title, the epigraph certainly applies. Very few industries offer the diversity that is found in the re/insurance world, and it truly is a microcosm of the greater universe – from black holes in space to the spaced-out euphoria of a hole-in-one in golf.
Last year I travelled to Vancouver, BC, Canada to meet with representatives from Canada Border Services Agency (CBSA) on various matters.
When owners, developers, contractors, construction managers, design professionals, consultants or subcontractors negotiate a contract, they frequently confront several provisions related to damages. In many cases, the contracting parties wish to establish, at the outset how much, and under what circumstances, compensation must be paid if the contract is breached.
The demand to open construction markets to international competition, to improve quality, timeliness of supply and price, is growing. There has been a noticeable increase in the number of developers, owners and operators who are now looking to use a form of contract familiar to international contractors even on projects being undertaken in their home jurisdictions. In Europe, Africa, the Middle East and Asia this has meant a substantial increase in the demand for FIDICbased contracts. International construction business can now be conducted via a familiar, respected and widely available legal framework, saving contractors costs associated with unfamiliar procedures. It also provides an improved competitive environment, which in turn gives the employer a better deal. Often it is quality rather than price that is the driver for this change.
Environmental law is a complex web made up of statutes, treaties, regulations, executive orders, agency practice, and other legal authorities. Mastering this web, or even a subset of it, could be a life’s work for any attorney. But practising environmental law effectively requires not only a thorough understanding of these legal authorities, but also an understanding of the various fora in which they arise – administrative, judicial, legislative and public policy.