Australia's prosperous energy and resources sector is founded on long term contracts. Long term contracts give rise to a variety of difficult conceptual and practical issues that must be confronted by commercial lawyers and energy and resource professionals on a daily basis, ranging from negotiation and documentation through to interpretation and breach.
Questions as to the operation, nature, and effect of long term contracts will continue to assume central importance to Australia as a whole in circumstances where the Asian economies, particularly China, Japan, and India, are anxious for security of supply in relation to commodities. This book confronts some of the major issues under long term contracts from both legal and practical perspectives.
CONTENTS
Foreword Notes on Contributors Table of Cases Table of Statutes
Introduction
Commercial Considerations Introduction Kanaga Dharmananda SC and Leon Firios Commercial Perspectives on Long Term Contracting Selwyn D’Souza Japanese Perspectives on Long Term Contracts Rupert Lewi Chinese Perspectives on Long Term Contracts Chris Lockwood
Drafting Introduction Kanaga Dharmananda SC and Leon Firios Paying Up: Price Adjustment Michelle Cole and Sharon Wilson Getting Out: Termination Barry Irwin Practical Guidelines for the Drafting of Long Term Contracts John Kelly
Duties and Liabilities Introduction Kanaga Dharmananda SC and Leon Firios Long Term Contracts: Principles for Determining Content The Hon Justice Carmel McLure Fiduciary and Good Faith Obligations under Long Term Contracts Paul Finn Commentary on Duties and Liabilities Gavin Ryan
State Agreements Introduction Kanaga Dharmananda SC and Leon Firios Parliamentary-ratified Agreements in the Resources Sector John Southalan
Frustration & Force Majeure Introduction Kanaga Dharmananda SC and Leon Firios The Law of Force Majeure and the Planning of Long Term Contracts Professor David Campbell Commentary on the Law of Frustration and Force Majeure Anthony Patten
Competition Law Introduction Kanaga Dharmananda SC and Leon Firios Competition Law Aspects of Long Term Contracts Francis Douglas QC Reflections on Competition Law Issues Colin Lockhart
Remedies Introduction Kanaga Dharmananda SC and Leon Firios Damages for Breach of Long Term Contracts Brahma Dharmananda SC The Design of Contract Damages Professor George Triantis A Financial Perspective on Proving Damages Owain Stone
Dispute Resolution and Enforcement Introduction Kanaga Dharmananda SC and Leon Firios Perspectives on Choice of Law, Enforcement, Investment Treaties and Arbitration Clauses Lucy Reed The Arbitration of Disputes under Long Term Contracts Stephen Boyle Practical Perspectives on Dispute Resolution and Enforcement Mark Darian-Smith
Conclusion: The History and Destiny of Long Term Contracts The Hon Chief Justice Wayne Martin AC
Sample Clauses
Index
SUPPLEMENTS
Notes on Contributors
Introduction
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Published 7 August 2013
Publisher The Federation Press
Hardback/448pp
ISBN 9781862879157
Australian RRP $225.00
International Price $199.95
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Law - Contract

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