
The International Bar Association event in Sydney turns out to be very good. I contributed to the session on Common and Civil Law approaches to various issues earlier today – a good session, I thought, and the feedback was very supportive.
The purpose of the session was to consider the reception in various jurisdictions of a number of sample clauses, pay-when-paid, Queen of Hearts clauses, force majeure clauses etc, and different use of good faith principles. There was contributions from USA, Netherlands, Sweden, Australia, and Finland. I was batting for England. With some differences of emphasis, it was remarkable how, in their different ways, how common law and civil get to much the same outcome, albeit by rather different Continue reading →