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14 Oct 2020

Remote hearings: the ‘new normal’

by John Aslett, Legal Consultant - Canada

Since the onset of the Covid-19 pandemic, Courts and other dispute resolution bodies around the globe have had to adapt quickly to the situation, and they have generally done this by embracing ‘remote’ or ‘virtual’ hearings. Remote hearings involve one or more of the parties attending a virtual court room or a virtual hearing via

16 Sep 2020

Successfully working with an independent certifier

by Nikita Cellini, Trainee Solicitor - Toronto, Canada

Independent Certifiers are increasingly being used in contracts in Canada and Australia. Differing in many respects from contract administrators such as the FIDIC Engineer, the Superintendent under the AS4000[1] or NEC Project Manager, working with an IC requires a subtly different approach. This article draws on Systech Law’s experience to provide an overview of the

10 Jul 2020

The feeling is mutual: Reciprocity of contract and enforcing obligations

by Keith Bishop, Partner - South Africa

Assisted by James Rooney, Legal Advisor - South Africa Introduction Just as everyone is growing accustomed to hearing a French maxim associated with Coronavirus (force majeure), it seemed like time to bring you a Latin one (exceptio non adimpleti contractus, “the exceptio”[1]), which is part of South African law and a concept with which the

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