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02 March 2021
Contract disputes practical guides
Welcome to the home page for our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial contracts under English law. Each edition comprises: a PDF guide (linked below); an hour-long webinar...
17 February 2021
Significant legislative reform announced in Saudi Arabia
The Kingdom of Saudi Arabia (“ KSA ”) has announced sweeping legislative reforms in a bid to increase the efficiency of its judicial institutions and Court processes and to develop the uniform application of KSA laws by the Courts.
26 January 2021
2021 Guide to Dispute Resolution in Asia Pacific
Disruption and recovery always generate disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to navigating your way through potential problems in these fast-changing times, especially...
22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
08 December 2020
Class Actions in Italy: a second wave of reform
Although a decade has passed since the introduction of class actions in Italy, only a handful of actions have been brought before the Italian courts and even fewer have been successful. There has been much debate as well regarding the very low amount of damages ultimately awarded by the courts to...
19 November 2020
Update on Covid-19 Business Interruption Insurance: A Further Win for Australian Policyholders
Policyholders have won the first of a number of Australian test cases about insurance cover for Covid-19 related business interruption losses. In a 5-0 decision, the NSW Court of Appeal held that an exclusion in the infectious diseases extension for quarantinable diseases notified under the “...
16 November 2020
Class actions reform in France: necessary, but debatable
A proposed law on a new set of rules for class actions in France was presented to the French National Assembly on 15 September 2020. In developing the proposal, Assembly representatives took the following clear failure as their starting point: only 21 class actions, including 14 consumer cases,...
06 November 2020
Update on Covid-19 Business Interruption Insurance Claims – Australian Test Cases
In previous editions of Catalyst ( here and here ), we explained what was happening in the UK test case on business interruption insurance cover for financial losses associated with Covid-19 and the actions taken by authorities in response to Covid-19, which was largely resolved favourably to...
06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
05 November 2020
U.S. Department of State Issues Guidance on Human Rights Due Diligence for Surveillance-Capable Products and Services
On September 30, 2020, the U.S. Department of State published new guidance on human rights due diligence for U.S. businesses involved in the sale of products or services with surveillance capabilities that could be used by foreign governments.
03 November 2020
Australian Federal Government commits to Commonwealth Integrity Commission
In a long-awaited move, the Federal Government announced yesterday that it is committed to establishing a Commonwealth Integrity Commission ( CIC ), designed to strengthen existing Commonwealth integrity arrangements and create “a powerful new public sector watchdog”.
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10 May 2021
London International Disputes Week 2021
10 – 14 May 2021 Herbert Smith Freehills is a proud founding member of LIDW. London International Disputes Week 2021 comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. Through a programme of...
05 March 2021
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...
04 March 2021
ESMA FINAL REPORT ON ARTICLE 8 OF THE EU TAXONOMY REGULATION
On 1 March 2021 the European Securities and Markets Authority ( ESMA ) published its Final Report on advice under Article 8 of the Taxonomy Regulation. The Final Report outlines the information that non-financial undertakings and asset managers need to provide to comply with their disclosure...
03 March 2021
Developments in the ESG Bond Market: Sustainability-Linked Bonds and Transition Bonds
This is the third in a series of articles looking at the development of ESG in debt financing (the first and second can be found here and here ). In this article, we look at the ESG bond market and focus in particular on sustainability-linked bonds and transition bonds. We will discuss the...
02 March 2021
Contract disputes practical guides
Welcome to the home page for our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial contracts under English law. Each edition comprises: a PDF guide (linked below); an hour-long webinar...
02 March 2021
UK Government publishes revised sector definitions for mandatory notification under new national security screening regime
The UK Government has today published its response to the consultation on mandatory notification in specific sectors under the proposed new national security screening regime contained in the National Security and Investment Bill ( NSI Bill ). The NSI Bill is currently making its way through the...
26 February 2021
Flexible and bespoke bid conditions – protecting against material risks
In E&P Financial Group Limited [2021] ATP 1, the Takeovers Panel has confirmed that bidders have considerable latitude to craft and impose bid conditions that are designed to protect against material risks – subject always to the conditions not being prohibited by law or policy, such as...
26 February 2021
Private equity investments under the UK’s new national security screening regime
The implications of the UK’s proposed national security investment screening regime have been widely debated since the National Security and Investment Bill ( NSI Bill ) was introduced to Parliament on 11 November 2020.
25 February 2021
Inside Arbitration: The New ICC Rules 2021: What you need to know
The new ICC Rules 2021 (2021 Rules) came into force on 1 January 2021. When released in draft in October 2020 they were announced as “ another step towards even more efficient, flexible and transparent ICC Arbitrations ”. The 2021 Rules came hot on the heels of the release of the new LCIA Rules...
25 February 2021
Inside arbitration: Spotlight interview: Kath Sanger
Born and bred in Yorkshire, UK, Kath has lived and worked in Mainland China and Hong Kong since 2002. She joined our Hong Kong Arbitration Team as a Partner in October 2016, after many years in the Disputes team of Clifford Chance. Kath is a commercial arbitration specialist with a broad practice...