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21 September 2022
The EU Foreign Subsidies Regulation: Substantive Assessment Issues and Open Questions
The EU Institutions have now reached agreement in relation to the new Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market.
12 July 2022
Inside Arbitration: Investor-state dispute resolution series part II: Reform or rebirth?
With concerns from stakeholders growing, we consider how ongoing reforms could rebalance the ISDS process In the first part of our two-part series, Christian Leathley, Chiara Cilento and Lucila Marchini examined the concerns of stakeholders about investor-state dispute settlement (ISDS). The...
12 July 2022
Inside Arbitration: Spotlight Interview: Jonathan Ripley-Evans
Jonathan is head of Herbert Smith Freehills' South Africa disputes practice. Based in our Johannesburg office since February 2018, he has established a market-leading reputation and is a key figure in South Africa's developing international arbitration community. He is also an experienced litigator...
12 July 2022
Inside Arbitration: Whether virtual or physical, we can do more to make arbitration hearings sustainable
Our study comparing the carbon impact and expense of virtual hearings with in-person equivalents reveals in person hearings have on average 19 times the carbon footprint of virtual hearings, and are 6% more expensive.
12 July 2022
Inside Arbitration: Spotlight Interview - Daniel Waldek
Dan is an arbitration lawyer, based in our Singapore office for over a decade. He specialises in construction and engineering disputes in the infrastructure and energy sectors. Dan has a reputation as an up-and-coming advocate and also accepts arbitrator appointments, which gives him a great...
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26 May 2023
The purchaser who hesitates is lost: court rules on claims regimes under a sale agreement and the Australian Consumer Law
The Federal Court has recently released a decision in Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd regarding claims made by a buyer for breach of contractual warranties and statutory misleading or deceptive conduct in the context of a sale of a business.
26 May 2023
Taking stock: pre-deal exclusivity trends since the Takeovers Panel’s consultation on deal protection arrangements at the non-binding bid stage
The Takeovers Panel has begun consultation to revise its guidance on deal protection granted at the non-binding bid stage, and companies have already started following pre-deal exclusivity and deal protection arrangements since the Panel's consultation paper was released.
26 May 2023
It’s who you know: a reminder on the importance of ‘association’
We review the concept of ‘association’ and practical considerations in light of the Panel’s recent declaration of unacceptable circumstances regarding various undisclosed associations in relation to the affairs of The Market Herald Limited (ASX: TMH).
26 May 2023
Australian Modern Slavery Act to move into a new phase?
On 24 May 2023, the Australian Government tabled a report outlining recommendations for reform of the Modern Slavery Act 2018 (Cth) ( Act ). The report is the output of a statutory review of the Act by Professor John McMillan AO, which sought public consultation on the effectiveness of the first...
19 May 2023
Australia – Fair Work Commission releases ‘Statement of principles on genuine agreement’ for enterprise bargaining
Employers must have a close eye on 20 new principles to ensure agreements are ‘genuinely agreed’ to by employees, in enterprise bargaining negotiations that commence on and after 6 June 2023
19 May 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
19 May 2023
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...