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22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
09 September 2020
Launch of first Guide to Dispute Resolution and Governing Law in Russia
Recent changes to Russian law have caused a degree of uncertainty amongst clients as to what they can and cannot do when transacting with Russian parties or in transactions involving Russian entities. This is particularly true surrounding the dispute resolution and governing law clauses that they...
20 August 2020
Corporate Crime Update - August 2020
Welcome to the August 2020 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, please click on the links...
20 August 2020
Inside Arbitration: Towards greener arbitrations: Achieving greater environmental sustainability in the way we work
At Herbert Smith Freehills, we have stringent sustainability targets, as do many of our clients. As a business, we strive to find innovative ways to ensure we work in a more environmentally-friendly manner, and assist our clients in meeting their sustainability targets.
18 August 2020
Inside Arbitration: Russian courts to have exclusive jurisdiction over sanctioned persons and disputes arising out of sanctions against Russia: Overview of the new law and practical implications
On 8 June 2020, the Russian President signed a new federal law (No.171-FZ) 1 amending the Russian Arbitrazh (Commercial) Procedure Code (the “ Law ”), which will significantly change the dispute resolution landscape involving Russian individuals and entities subject to international sanctions. The...
04 August 2020
Comparing the fault standards in Australian and UK shareholder class actions
Continuous disclosure obligations applicable to shareholder class action claims have been the subject of much debate in Australia in recent years. Recent amendments to the continuous disclosure provisions of the Corporations Act 2001 (Cth) are intended to reduce opportunistic shareholder class...
23 July 2020
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of any ‘physical damage’ to insured property, 1 which typically triggers the ‘business interruption’ ( BI ) coverage in the industry standard...
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22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
21 October 2020
Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis
The Journal of International Banking Law and Regulation (JIBLR) has published an article written by members of our securities class action practice: Capital Raisings and Opportunistic M&A in a Covid-19 Environment—Lessons Learned from the Global Financial Crisis.
20 October 2020
2020 Global Bank Review: #disruption
The 2020 edition of our Global Bank Review: #disruption , explores the challenges and opportunities facing banks, with the emergence and impact of the Covid-19 global health pandemic and its subsequent ramifications. While the sector has faced – and overcome – significant disruption before, the...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
16 October 2020
Members of our Digital Law Group contribute to the Tech London Advocates and UK Law Society’s guidance for lawyers advising on distributed ledger technologies
“Technology underpins innovation in legal services and plays a critical role in driving the postcoronavirus recovery across all sectors of the economy. The report of the TLA’s Blockchain Legal and Regulatory Group will provide a clear framework and much needed guidance on the use of blockchain in...
15 October 2020
Libor transition update - October 2020
The cessation of the London Inter-bank Offered Rate ( LIBOR ) at the end of 2021 has long been an issue vexing the global financial services industry given the scale and geographic spread of exposures to the affected benchmarks across the currencies and terms in which it is published. As we reach...
13 October 2020
Fintech 2021: from crisis to consolidation
For most people, life and work have changed fundamentally since the Covid-19 crisis began – and there are concerns that the crisis could still worsen again . Most areas of the world’s economy have been profoundly affected too, and the Fintech sector is no exception. Fintech has been both an...
09 October 2020
Climate-related disclosures: the new frontier?
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the Financial Conduct Authority ( FCA )’s proposals for regulating climate-related disclosures and the litigation risks which may arise for issuers from such proposals.
