Minter Ellison's popular report on the fundamentals of doing business in Australia.
Minter Ellison is proud to sponsor the 4th annual International Construction Law conference constructionlaw2012.com
Construction disputes are a significant drain on productive resources for clients so we focus on timely and cost-effective solutions at all stages of the project lifecycle. Minter Ellison has successfully advised a wide range of clients on dispute prevention and resolution matters across the construction, infrastructure, energy and resources, property development and transport sectors. Before a dispute arises, we advise on risk management and dispute prevention. We work with clients to review the position (legal and strategic) against the relevant factual and legal frameworks. Security of payment legislation in particular has been a real game changer in the construction industry – by bringing disputes to a head and resulting in the short, sharp resolution of issues, which once may have lingered for years. Our team applies a variety of strategies, chosen in consultation with our client to meet the needs of the particular case – these may include conducting litigation, to best preserve or enforce rights, or implementing options to complement or supplement court processes, such as arbitration, negotiation and ADR procedures. Our dispute resolution experience includes claims management and contract administration, mediation, expert determination, security of payment adjudication, arbitration including international arbitration and litigation. If a dispute does eventuate, our comprehensive litigation, arbitration and mediation experience allows us to deliver the best commercial solution.
The Christmas period is seen by many in the construction industry as an opportunity to serve payment claims or have claims for payment of construction work adjudicated under the security of payment legislation — in the hope those claims or applications will go unanswered or the other party will be ill-prepared to defend them.
On 12 September 2011, the International Chamber of Commerce (ICC) unveiled the latest version of its Rules of Arbitration which commence on 1 January 2012. Following a review that began in 2008, the new Rules were approved by the ICC World Council in Mexico City in June this year. The revised Rules aim to address the complexities of international commercial and business disputes, and include amendments borne of experience gained from using the 1998 Rules.
