UK’s Supreme Court Ruling Reshapes JCT Termination Risk for Cross-Border Construction Projects
A current Supreme Court judgment affects the way termination terms in JCT contracts are understood, and changes the allocation of risk for contractors and clients on building projects that cross national boundaries. Statistics in the industry show that roughly a quarter of international projects have termination problems. Investors, and project funders operating in Kenya, Britain, and the EU...
Governance After the Deal: Why Cross-Border Acquisitions Succeed or Fail
When firms buy businesses in other countries, many think the difficult stage has passed once the purchase goes through. Actually, a good many disagreements come up following the deal – and frequently the issues are with how the company is governed. Analyses of medium-to-large cross-border deals reveal that governance misalignment can be responsible for over a third of early arguments between...
Bridging Legal Systems: A Smarter Due Diligence Strategy for Kenya–EU Cross-Border Deals
Around nearly a third of international takeovers almost 30% reveal sizeable problems, or ‘material liabilities’, after the deal is done; this is often because usual checks don’t pick up on the dangers specific to each country. In deals between Kenya and the EU, these problems often show up where the length of time it takes to register land, the registering of security, and sticking to EU data...
ALERT – A WIN: Union Recognition is based on the current unionisable members
Communication Workers Union of Kenya v Speedaf Logistics Kenya KEELRC 79 (KLR).
The Claimant sought a court declaration of simple majority representation to compel the Respondent into a Recognition Agreement and collective bargaining. They further challenged the legality of fixed-term contracts, alleging an unlawful conversion from permanent terms designed to frustrate union activities....