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15 September 2021
GAR The Guide to Advocacy - Edition 5 - Cultural Considerations: United States
Amal Bouchenaki, Partner in Herbert Smith Freehills’ New York office, has contributed to the Fifth Edition of Global Arbitration Review’s “The Guide to Advocacy” with a chapter entitled “Cultural Considerations in Advocacy: United States”.
28 July 2021
New law on escalation clauses in Hong Kong
Key judgment on arbitration clauses affecting thousands of commercial contracts Many commercial contracts contain "escalation clauses"requiring parties to take certain steps before formal arbitration begins – such as a requirement to "negotiate in good faith" before starting arbitration.
10 June 2020
Enforcement of foreign arbitral awards in Australia (Tianjin Jishengtai Investment v Huang)
Arbitration analysis: This judgment involved a contested application to enforce in Australia a foreign arbitral award made in the People’s Republic of China. Having regard to the objects of the International Arbitration Act 1974 (IAA 1974), the court considered that the award should be enforced...
28 February 2020
Inside Arbitration: Spotlight on Bangkok: Chinnawat Thongpakdee and Warathoron Wongsawangsiri
Herbert Smith Freehills' Bangkok office was established in 1998. Since then, it has become one of Thailand's premier commercial litigation and arbitration practices, offering both Thai and international disputes and regulatory advice. Bangkok is an important pillar of our Southeast Asia...
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,...
08 April 2019
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to assume the role of mediator during the course of arbitration proceedings – otherwise known as ‘med-arb’. 1
28 November 2018
London Construction and Infrastructure Disputes Group authors chapter in GAR Guide to Construction Arbitration
London-based Construction & Infrastructure Disputes partners James Doe and David Nitek have authored the chapter on 'Construction Arbitration and Turnkey Projects' in the second edition of Global Arbitration Review’s Guide to Construction Arbitration .
27 July 2018
60 years of the New York Convention: a triumph of trans-national legal co-operation, or a product of its time and in need of revision?
The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards – known as the “New York Convention”- has been described as the most important and successful United Nations treaty in the area of international trade law. Renaud Sorieul, the Secretary of UNCITRAL has called it “the...
27 July 2018
The enforcement of arbitral awards: An ASEAN case study
To mark the 60th anniversary of the New York Convention, the South East Asian International Arbitration practice of Herbert Smith Freehills conducted a survey on the enforcement of arbitration awards in the ASEAN region to understand how the enforcement regime has operated in practice in the ASEAN...
27 July 2018
INSIDE ARBITRATION: Spotlight on Amal Bouchenaki
One of the global arbitration practice's newest partners discusses her route into arbitration, via the complexities of derivatives and project finance, the synergies between her LatAm and MENA practices, and her experience of single-handedly releasing a ship seized off the coast of Mauritania.
27 July 2018
INSIDE ARBITRATION: Spotlight on Helen Tang
Helen was recruited via the firm's PRC Scholarship programme, which targets outstanding native Mandarin speakers. On 1 May 2018, she became the latest PRC Scholar to be promoted to the partnership, and the first within the firm's Disputes practice. We asked about her experience of partnership so...
27 July 2018
Recent regional developments in South East Asia
The last 20 years have witnessed Singapore's meteoric rise to become one of the most popular arbitral seats globally. As the results of our recent survey on enforcement of arbitral awards in ASEAN states demonstrate (see page 7), Singapore also leads the pack for effective and efficient enforcement...
27 July 2018
INSIDE ARBITRATION: Spotlight on May Tai
May Tai is a Malaysian national who has spent her career in Herbert Smith Freehills' international arbitration practice, working on many of our largest, most complex cases. Since last year, she has also been the Managing Partner of our Greater China offices. We asked her to tell us about her...
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...
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18 October 2021
Public Law Project: Judicial Review Trends and Forecasts conference 2021
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.
18 October 2021
Views on an evolving automotive industry - Using trade secrets to protect innovation
With the emergence of new technologies and innovation, such as connected autonomous vehicles and EVs, the use of trade secrets has grown in importance due to the immediacy of the protection trade secrets law offers offer and its ability to cover all types of information.
12 October 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...
11 October 2021
Cartel Intel – updates from our EMEA network
In this fourth edition of our quarterly update on key EMEA cartel developments, we are pleased to open with a short interview with Bo Vesterdorf , formerly a judge at and the President of the EU General Court and now a senior consultant with HSF. In the interview, Brussels Partner Daniel Vowden has...
08 October 2021
Onwards and Upwards: In celebration of Black History Month
Making the time and effort to understand each other's lived experiences is an important part of our commitment to building a more inclusive culture in which everyone can thrive. Capturing these experiences through the eyes of colleagues enables us to collectively take another step towards a society...
06 October 2021
Webinar: Cross-border restructurings: how UK schemes may benefit businesses in Asia Pacific
Jurisdictions across the globe have sought to expand their restructuring toolkits – spurred on by Governments seeking to support business during the pandemic. This has had a significant impact on the options available when restructuring business in Asia Pacific.
06 October 2021
Taking the Floor: Government proposes to legislate a recovery presumption for funded class action group members
On 30 September 2021, the Department of Treasury opened consultation on new laws which, if enacted in their proposed form, will introduce new hurdles for litigation funders intended to ensure fairer returns for group members in future funded class actions.
05 October 2021
Parliamentary Joint Committee on Intelligence and Security backs two step approach to adopting the security of critical infrastructure reforms
On 29 September, the Parliamentary Joint Committee on Intelligence and Security ( PJCIS ) published its advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020. 1
05 October 2021
Government planning significant extension to UK's pensions notifiable events regime for corporates
The government has confirmed it plans to make long-anticipated changes to the UK's pensions notifiable events regime. The changes, first floated in 2018 and now confirmed (subject to consultation), are almost certain to mean that corporates will be required to give the Pensions Regulator and...
05 October 2021
Delivering Alternative Excellence
Fresh from scooping the title of Alternative Service Provider of the Year at the recently held African Legal Awards, Vanessa Kingsmill and Naseem Ameer-Mia of Herbert Smith Freehills chatted to Africa Legal’s Tom Pearson about their recipe for success.