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- BRI (1)
- Belt and Road Initiative (1)
- Contracts; Government Contracts; Government Procurement; ASEAN; Asia; Southeast Asia; Winstar; Sovereign Immunity; Remedies; Restitution (1)
- Injunction; Canada; interlocutory mandatory injunctions; interlocutory prohibitive injunctions; Supreme Court of Canada; R v. Canadian Broadcasting Corp.; strong prima facie case; litigation; trial; American Cyanamid v. Ethicon Ltd.; practical consequences (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal Remedies
Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman
Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman
Brooklyn Law Review
Interlocutory mandatory injunctions can be an important remedy during the pendency of a trial. With its decision in R. v. Canadian Broadcasting Corp, the Supreme Court of Canada revised its test for an interlocutory mandatory injunction, holding that it should require a higher threshold and be therefore harder to obtain than an interlocutory prohibitive injunction. This higher threshold requires that the applicant demonstrate a strong prima facie case that it will succeed at trial based on law and evidence. This change adds uncertainty to the process, ultimately complicating and adding costs to litigation.
Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia, Benjamin D. Black
Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia, Benjamin D. Black
Brooklyn Law Review
Though international investment treaties may supplant domestic contract law in cross-border government contracts, their limited use in Southeast Asia informs the continued importance of clear remedies for a government breach of contract under domestic law. As investment from China’s Belt and Road Initiative continues to flow into the region, private parties require clear rules and remedies when a government breaches a contract. This note argues that the lack of clear and codified public contract law in Southeast Asia presents a substantial risk to private contractors and that the extreme variance in public contract law is detrimental to both parties involved. …