22 October 2019
2019 Global Bank Review
The 2019 edition of our Global Bank Review: The Data Game , explores the rapid growth of data as one of the most significant developments in the banking sector. That being the case, we are still only at the beginning of the data journey and its impact in the next decade or two will be even more...
10 October 2019
Are you prepared? The board’s role in crisis management
With the ever-increasing growth in the number and potential magnitude of cyber, technological and operational risks to financial services entities, boards need to be prepared to respond to these types of crisis and ensure that the entity’s critical information assets are appropriately secured.
06 June 2019
Zambia lured by the siren song of resource nationalism
Zambia, the world’s seventh-largest copper producer, is the latest leading African mining jurisdiction to succumb to the siren song of resource nationalism. In recent years this trend has seen international miners and their host governments in Tanzania and the Democratic Republic of Congo clash...
18 March 2019
Mining Charter III: certainty, but at a cost
The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 ( Mining Charter III or the Charter ) came into force on Friday, 1 March 2019 - almost three years after the publication of the first draft. This brought to a close nearly three years of uncertainty and...
22 January 2019
Will 2019 elections shake up the Nigerian economy?
What to do about the economy, corruption and oil are just some of the issues dividing Nigerian politicians and splitting voters in the presidential and national assembly elections this year. Will it be more of the same for Nigeria in 2019, or will it be the year that offers the electorate a real...
05 October 2018
The Quest for a Balanced Host Government Contract: an MSGBC Basin Perspective
The Changing Landscape of the Oil and Gas Sector The recent discoveries in the MSGBC basin (covering Mauritania, Senegal, the Gambia, Guinea-Bissau and Guinea-Conakry) have triggered a great deal of hope for the upstream industry, the host States and their populations. Indeed, the development of...
13 September 2018
Tanzania's new integrity pledge for mining companies: does it meet international best practice?
Since July 2017, the Government of Tanzania has introduced significant regulatory reforms to the mining industry (as well as the nascent upstream oil and gas industry). See our previous notes on these reforms here , here and here .
28 August 2018
THE DEMOCRATIC REPUBLIC OF CONGO’S NEW PRICING FREEDOM AND COMPETITION ACT
On 9 July 2018, the Democratic Republic of Congo (“ DRC ”) joined the group of African countries that have recently established modern domestic competition law regimes, after President Joseph Kabila signed into law the Organic Law no. 18/020 on Pricing Freedom and Competition (the “ Competition Act...
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...
25 July 2018
Expropriation of land without compensation
Following the South African Parliament’s decision to investigate expropriation of land without compensation, there has been a spike in land invasions across the country. Land owners and persons in control of land need to be vigilant and act quickly to protect their property interests. While there...
12 June 2018
Climate Change Bill - Summary and content
On 8 June 2018 the Minister of Environmental Affairs published the Climate Change Bill (“ the Bill ”) for public comment. The Bill provides a framework for climate change regulation in South Africa aimed at governing South Africa’s sustainable transition to a climate resilient, low carbon economy...
07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
16 March 2020
Panel Discussion: Driving efficiencies in arbitral practice
The International Arbitration Act 15 of 2017 has delivered the required framework for South Africa to become a truly international arbitration hub. The inaugural Johannesburg Arbitration Week, which takes place on 17-19 March 2020, will take a step towards this goal, exploring recent developments...
20 February 2020
Consumer Data Right: 2020 Update
Following extensive activity around the Consumer Data Right (CDR) throughout 2019, the Australian Competition and Consumer Commission (ACCC) advised in December 2019 that the CDR roll-out in respect of the banking sector would be delayed due to incomplete system testing. As a result, the first...
18 February 2020
Insurance for COVID-19 losses
The Coronavirus and the consequential action by Chinese authorities to quarantine areas and close factories is causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the...
18 February 2020
Artificial Intelligence in the Public Sector – a new regulatory field?
The Committee on Standards in Public Life (the “Committee”) has published a report on artificial intelligence (“AI”) and its impact on public standards following the Committee’s review into this fast-developing field (the “Report”). The Report sets out the Committee’s recommendations for the...
17 February 2020
Foreign investment: Rising tides of politics in regulation
Foreign Direct Investment ( FDI ) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation considers both the current landscape and new restrictions due to take effect by the...
14 February 2020
Federal Court provides helpful guidance on a range of AFSL concepts
On 5 February 2020, the Federal Court of Australia handed down its decision in Australian Securities and Investments Commission v One Tech Media Ltd  FCA 46 ( One Tech Media ). The Court found that One Tech Media Limited ( One Tech ), Allianz Metro Pty Ltd ( Allianz Australia ) and others had...