Primero focus, page-40

I have examined scores of contracts for Commonwealth agencies, and all of them have a clause limiting the legal jurisdiction to Australia. if Primero signed a contract that allowed legal matters to escalate beyond Australia, then Australian law may not apply, but then what jurisdiction is open to Wartsila (a Finish company), and would it too disallow penalties?  Wartsila has a presence in virtually every country in the world, so the contract may well nominate a non-Australian court to be the highest level of appeal.

Irrespective of the merits of the case in an applicable jurisdiction, NWH may simply throw in the towel, as it did in respect to the Samsung delinquency. This is why NWH should consider delegating the defence to the likes of Omni Bridgeway, who claim to have the world’s largest dispute finance team. The historical founding of Omni Bridgeway in the Netherlands, its subsequent expansion into European and other jurisdictions puts OMB in a strong position to take on Wartsila, and perhaps even pursue and obtain punitive damages. Look at https://omnibridgeway.com/docs/defa...resentations/89-a-euroz-hartley_march-2021_v7 , especially page 6.