Timothy P. Law and Esther Y. Kim | Reed Smith The made-whole doctrine (also known as the make-whole doctrine or the full compensation rule) is an equitable principle requiring a policyholder to be made whole for its loss before an insurance company can exercise its subrogation rights against a third party. It is essentially a… Continue reading The Made-Whole Doctrine and Deductibles
Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Direct and Re-Direct Examination
Anne Veronique Schlaepfer | Global Arbitration Review Direct examination Formerly, a chapter discussing direct examination in international arbitration would have been seen as devoid of any interest, as direct examination is in most cases substituted by witness statements, the witnesses appearing at the hearing for the purpose of cross-examination and to answer questions asked by… Continue reading Direct and Re-Direct Examination
Cross-Examination of Fact Witnesses: the Civil Law Perspective
Philippe Pinsolle | Global Arbitration Review As a right to cross-examine a witness or expert generally does not exist in the civilian tradition of civil procedure (although some right may exist in criminal procedure),[1] an advocate trained in civil law is likely to be unfamiliar with the concept of cross-examination. This, one may conclude, would cede… Continue reading Cross-Examination of Fact Witnesses: the Civil Law Perspective
Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era
Brenda Radmacher | Seyfarth Shaw In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure clauses often focus on physical impossibility or natural disasters, they should now explicitly include governmental actions such as the imposition or increase of tariffs.… Continue reading Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era