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25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
14 June 2018
Brexit 'The view from Brussels' – developments in June
The Brexit debate often looks different when viewed from Brussels rather than from London. That Brussels perspective however is important for businesses to keep in mind and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations. In this...
27 March 2018
UK GOVERNMENT AGREES ELEMENTS OF THE EUROPEAN COMMISSION’S PROPOSALS FOR POST-BREXIT PROTECTION OF EU-WIDE IP RIGHTS IN THE UK
In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (...
02 November 2017
Banking on climate change
As countries around the world move to lower carbon economies and take steps to protect financial systems from “climate change” risk, there is a real prospect of regulatory action and private litigation against financial institutions that fail to prepare for and (if necessary) disclose the costs to...
16 October 2017
Global financial regulation – the decade ahead – Part 1: United States
Central to the response of the international community to the global financial crisis was a move to strengthen international regulatory standards and to improve cooperation and coordination amongst regulators. A question for the decade ahead is how much of that global approach will survive? A focus...
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23 July 2019
Review of the Equator Principles – Draft EP4 released for comment
The Equator Principles ( EPs ) is a risk management framework adopted by financial institutions to determine, assess and manage environmental and social risks of the projects they finance. Established in 2003, the EPs have been adopted by 96 financial institutions in 37 countries. These financial...
19 July 2019
Today NSW Government confirms significant security of payment reforms will commence in October 2019
The NSW Government has significantly reformed NSW’s security of payment legislation, through an amendment Act which was passed into law in November 2018 and an amendment Regulation which was published (in the same form as the public consultation draft) today.
18 July 2019
Moscow Corporate crime and investigations newsletter - July 2019
This newsletter summarises recent Russian regulation, enforcement and court practice developments which may be relevant for doing business in Russia from corporate crime and investigations perspective. Additionally, this newsletter spots some US and other relevant developments which should be kept...
17 July 2019
Improving gender equality in Intellectual Property
Our IP colleagues Rebekah Gay , Partner, Jonathan Turnbull , Partner, Emily Bottle , Senior Associate and Rachel Montagnon , Professional Support Consultant were recently interviewed by World IP review (WIPR) as part of an ongoing campaign to highlight and improve gender diversity in IP and to...
17 July 2019
Inside arbitration: The role of arbitration in employment-related disputes
Practical uses and limitations In this article, Paul Goulding QC of Blackstone Chambers, Peter Frost, London and Barbara Roth, New York, Partners in Herbert Smith Freehills' contentious Employment practice, and Hannah Ambrose, Senior Associate in the Global Arbitration practice, explore the growing...
17 July 2019
Modern Slavery: UK Government responds to Independent Review
The UK Government has published its response to the independent review of the UK Modern Slavery Act 2015, together with a consultation paper on proposed changes to the statement on transparency in supply chains required under section 54 of the Act . If implemented, these changes could increase the...
17 July 2019
Inside arbitration: Arb-Italia: Italy's continuing commitment to arbitration
In litigation-saturated Italy, arbitration has often been cited as an attractive alternative form of dispute resolution. However, its uptake has been somewhat slower than anticipated. Legislators and arbitral practitioners have taken various steps in the past years to promote an arbitration-...
16 July 2019
Inside arbitration: Interview with Paula Hodges QC: President of the LCIA
Paula Hodges QC's career is pretty remarkable. Head of Herbert Smith Freehills' Global Arbitration Practice, she is ranked as one of the leading arbitration practitioners in the world. During her career to date she has had no shortage of interesting cases, involving clients from across the world,...
16 July 2019
Inside arbitration: Cybersecurity matters: Arbitration away from prying eyes
One of the many reasons that companies choose to resolve disputes through arbitration over court litigation is the ability to keep their disputes and the outcome of their disputes private. Arbitration is often chosen to resolve highly sensitive disputes, and being a truly international dispute...
16 July 2019
Inside Arbitration: Choice of arbitral seat: Is Paris under threat?
Choice of arbitral seat is one of the crucial decisions in any contractual negotiation and can have a direct impact on the ease with which parties are able to resolve their disputes. Indeed, many arbitration users and practitioners consider that, in some circumstances, the choice of seat is more...
16 July 2019
Inside arbitration: Commercial arbitration in Europe: What does the future hold outside Paris?
In a period of change, transition and reflection across Europe, and following our article on Paris, our arbitration partners in our European offices share their thoughts on what the future holds for arbitration in their jurisdiction and more widely.
