Professor Doug Jones AO delivers keynote speech at the Society of Construction Law Australia Conference 2026

On Thursday 7th May, Professor Doug Jones AO delivered a keynote speech at the Society of Construction Law Conference 2026. Entitled ‘Is Certainty in an Uncertain World Delivered by the Common Law?’, Doug explored how common law and civil law systems respond to commercial uncertainty in an increasingly volatile global environment. Drawing on contemporary challenges, including geopolitical conflict, supply chain disruption, sanctions, and shifting trade policies, the keynote examined whether the common law’s traditional emphasis on certainty continues to meet the needs of modern international commerce and construction projects.

The presentation considered four key areas of divergence between common law and civil law approaches:

1. Changed circumstances, including frustration, force majeure, hardship, and imprévision.
2. The use of extrinsic evidence and differing approaches to contractual interpretation.
3. The role of good faith in commercial dealings and contract performance.
4. The treatment of liquidated damages and contractual risk allocation.

The keynote also reflected on the growing significance of international instruments such as the UNIDROIT Principles and the CISG in bridging the divide between legal traditions and facilitating greater flexibility in international transactions and dispute resolution.

You can read Doug’s full paper here.