Construction Law International - June 2021

Marianna Tsatsanifou

This article analyses when claims for expropriation of contractors’ contractual rights can be made against states on the basis of international investment treaties. The approaches adopted by arbitral tribunals in expropriation claims are examined in relation to various types of contract and then compared to the approaches followed in relation to construction contracts. This article concludes that construction contract cases do not differ from the cases relating to other contract types when it comes to expropriation of contractual rights. It also proposes some recommendations on the subject to contractors as potential foreign investors.

Zia Akhtar

The impact of Brexit will have major implications for workers in the construction industry, because the United Kingdom’s exiting of the European Union will end free movement and restrict migration by a point scoring system based on salary and skill level. The workers who benefitted from free movement from Eastern Europe will be restricted by the imposition of the Tier 2 system, which restricts the employment of migrants to either a ‘highly skilled’ role or ‘medium skilled’ personnel. This will exclude large numbers of construction workers because they will be unable to score enough points. This article examines the discrimination suffered by workers from Eastern Europe, and in particular from Romania and Bulgaria, in the construction industry.

Mino Han, JB Kim

International construction projects were hit hard by the Covid-19 pandemic in 2020, which caused, and continues to cause, disruption to global supply chains, restriction of movement of personnel and goods, and an increase in cash-flow constraints. Consequently, contractors have been forced to change their work procedures, often leading to significant extra costs.

Reviewed by Dr Donald Charrett

Published by: Corbett & Co
ISBN: 978-1-5272-7255-5
719 pages, £175
Publication Date: 30 November 2020