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16 February 2021
UK Supreme Court takes jurisdiction in parent company duty of care claim
The UK Supreme Court has handed down its judgment in Okpabi v Royal Dutch Shell Plc , finding that the English Court has jurisdiction over claims relating to environmental damage allegedly caused by a Nigerian joint venture, operated by a Nigerian subsidiary of Royal Dutch Shell plc in Nigeria.
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...
28 February 2020
Inside Arbitration: Attaining maturity: South Africa's transition to an international arbitration friendly jurisdiction
Professor David Butler is Emeritus Professor of law at Stellenbosch University, South Africa, and was the main advisor to the South African Government on the International Arbitration Act with his work as part the South African Law Reform Commission's work reforming South Africa's arbitration...
27 July 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: Resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
22 August 2017
Has the sun set on South Africa’s arbitration ambitions?
Kemi Adekoya and Michael Mendelblat of Herbert Smith Freehills LLP look at the new Arbitration Bill recently introduced to the South African Parliament that will apply to international arbitrations, which should increase its appeal as an arbitration venue.
01 February 2017
Commercial arbitration in Africa: Present and future
Africa's economy is growing. The International Monetary Fund forecasts growth at 4% for sub-Saharan Africa for 2016 and at 3.6% for North Africa. But with volatile commodity prices, growth is not guaranteed, and investment is required or sought across all sectors of the economy in all African...
01 July 2016
Inside Arbitration: A view of Johannesburg
In April 2016, the South African government gazetted a draft International Arbitration Bill, which will – at long last – domesticate the 1985 UNCITRAL Model Law on International Commercial Arbitration, alongside the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral...
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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...