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Faber Union(1) is good law. In total, there were seven appeals before the Federal Court by purchasers and housing developers. The key question that the court considered was where there is a delay in the delivery of vacant possession, does the date for the calculation of liquidated and ascertained damages (LADs) begin on the date of the payment of the booking fee or on the date of the sale and purchase agreement (SPA)?(2) This article refers to the appeals pertaining to GJH Avenue Sdn Bhd.(3) GJH Avenue The GJH Avenue appeals comprised three appeals by purchasers of units of bungalows under ...

Introduction The COVID-19 pandemic has had a profound impact on the shipping industry and led to many disputes. However, owing to the prevalence of arbitration in resolving shipping disputes, and the time taken for cases to progress through the courts, there have been few reported cases detailing the pandemic's impact on the industry. In January 2021 the Admiralty Court handed down one of the first judgments dealing with this matter in P&O Princess Cruises International Ltd v The Demise Charterers of the Vessel "Columbus" ([2021] EWHC 113 (Admlty)). Facts Two cruise ships, the Columbus and ...

On 21 January 2021 a new royal decree was published in the Official Gazette which has temporarily extended occupational doctors' role in combating the COVID-19 pandemic in the workplace. Occupational doctors will be contact tracers in the workplace and in this context have been given the authority to: identify high-risk contacts in the company; issue a quarantine certificate for these workers; and refer certain workers to be tested or to carry out the test themselves if they consider such action to be more appropriate. This does not mean that employers can now have their workers tested on a ...

Introduction Corruption allegations have blossomed as an area of interest in international arbitration since at least 2006, when an International Centre for Settlement of Investment Disputes tribunal found that a claimant's conduct in procuring an investment contract through bribery was sufficient as a matter of law and international public policy to render any claim under that contract unsustainable (World Duty Free versus Kenya). Since then, numerous other published awards have shown that states are increasingly relying on allegations of corruption to defend treaty and commercial claims. De...

The Northern District of Illinois recently declined to stay an action for declaratory relief relating to an insurance coverage dispute arising out of the ongoing <i>Clearview</i> litigation. The court held that the determination of whether an insurance policy applied did not require the resolution of facts relating to the policyholder's alleged violations of Illinois's Biometric Information Privacy Act.