17 July 2018
Arbitrating Business and Human Rights Disputes: Viable for Victims?
International arbitration has many features which, at first sight, make it an attractive alternative to domestic litigation for businesses and victims alike. On closer analysis, however, the features that make arbitration attractive to commercial parties may in fact present some difficulty in the...
10 July 2018
Corporate crime update, June 2018
Welcome to the June 2018 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. For the full update on each jurisdiction, please click on the name of the jurisdiction below. Below we provide a brief...
16 May 2018
Global Pound Conference Series – Redefining dispute resolution
Most dispute resolution still has as its frame of reference an adversarial process (litigation or arbitration) based on asserted legal rights with the lawyer fighting their client's corner tenaciously. However, with the lawyers of Generation Y, Millennials and Generation Z growing into positions of...
09 April 2018
US announces new Russia sanctions designations and releases new guidance
Given the broad coverage of the new designations and their importance, both US persons and non-US persons currently having or anticipating business transactions with Russia should conduct robust due diligence and monitoring on their counterparties and understand the potential impact of the new...
12 February 2018
Syndicated facilities institute obtains legislative acknowledgement in Russia
On 31 December 2017 the President of the Russian Federation signed one of the laws which has been most discussed by the Russian banking and legal communities – Federal Law No. 486-FZ "On a syndicated facility (loan) and amendments to certain legislative acts of the Russian Federation" (the " Law...
25 January 2018
High speed rail projects – risks and opportunities
Herbert Smith Freehills’ Tokyo office recently welcomed some 70 clients and industry professionals to its 8th Annual Construction Conference. The theme of this year's conference was the growing global focus on high speed rail projects.
23 January 2018
The Anti-Bribery and Anti-Corruption Review, 6th Edition, Russia Chapter
Although Russia is ranked 131 out of 176 countries on Transparency International's 2016 Corruption Perceptions Index, sharing the spot with Iran, Kazakhstan, Nepal and Ukraine, in its Third Round of Evaluation Report published 21 November 2016, the Group States against Corruption (GRECO) considered...
20 December 2017
Corporate Crime update, December 2017
Welcome to the December 2017 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. Click read more for the full article of each jursidiction. Below we...
15 December 2017
Getting the deal through: Joint Ventures 2018
Joint ventures, in the purest sense (namely, a collaboration between two or more legal or natural persons with the aim of conducting a shared business), have been around for as long as modern company law and are equally integral to its development. Indeed, the early laws on partnerships and...
01 December 2017
Companies and the rights of people with disabilities: What actions should be taken?
As companies increase their efforts to comply with the UN Guiding Principles on Business and Human Rights ("UNGP"), the International Day of Persons with Disabilities on 3 December 2017 provides an opportune time for a business to reflect on its efforts to respect and promote the human rights of...
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13 September 2018
UKademy 2018
The UK Collaborative Plan for Pro Bono is running the third annual UKademy Conference; run by pro bono professionals for pro bono professionals working in law firms. Anyone tasked with starting up, managing and/or leading pro bono work for their office or firm on a full or part time basis is...
17 August 2018
Compulsory Licences, Crown Use and Inventive Step – Future Changes to the Patents Act
IP Australia has recently released its Exposure Draft detailing proposed changes to the Patents Act 1990 (Cth). The proposed changes affect the rarely-used compulsory licence and crown use provisions of the Act together with the more central, inventive step provisions. It is a strange combination...
15 August 2018
Getting the deal through: Mining 2018 (South Africa Chapter)
The mining industry has historically been a key driver of the South African economy. Economic activity in modern-day Soth Africa has been centered on mining activities, their ancillary services and supplies. The country's stock exchange in Johannesburg was established in 1887, a decade after the...
14 August 2018
Termination of contracts with an indefinite term: South African courts’ approach
The duration of a contract is often specified by an express provision, or it may be determined from the nature and purpose of the contract. However, there are cases when the duration is neither determined nor determinable. An indefinite term contract is a contract that does not set a time period...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
31 July 2018
Brexit 'The view from Brussels' – developments in July
On 12 July 2018 the UK government finally published its White Paper on the future relationship between the United Kingdom and the European Union including a proposal for the establishment of an economic partnership between the UK and the EU. At the core of this proposal is the establishment of a...
30 July 2018
The Takeovers Panel’s new 4 month lock out rule
The Takeovers Panel has, following a public consultation process, articulated a new policy that, if a bidder makes a statement during a takeover bid to the effect that it will not increase its offer price, the bidder is prevented from announcing a new takeover bid at a higher price for 4 months...
30 July 2018
Finders keepers? The long-running Finders Resources takeover saga continues
The long-running Finders Resources saga, in which the application of the ASIC’s ‘truth in takeovers’ policy to shareholder intention statements has taken centre stage, is now the subject of a new review Panel decision in Finders Resources Limited 03R [2018] ATP 11.
27 July 2018
Hong Kong enters new era of smart banking with launch of open API framework
Late last week, the HKMA announced that it had concluded a consultation on its intended approach to open application programming interface ( API ) for the Hong Kong banking sector, and had published its final framework and implementation plan . The open API is one of seven initiatives announced by...
