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18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
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
In a global business it can often be difficult to get to know your colleagues in other offices and locations. You may deal with them by email or over the phone, but that rarely equates to understanding how, or why, they came to be doing the work they do today or the additional skills and...
28 February 2020
Inside Arbitration: Smart contracts versus smart (and) legal contracts: Understanding the distinction and the impact of smart legal contracts on dispute resolution
The legal industry is (rightly) increasingly interested in the impact of digitalisation on contracts, legal disputes and our profession more broadly. The starting point for any useful and meaningful discussion around the inevitable transition to a digitised form of contracts with code (and the...
28 February 2020
Inside Arbitration: Data analytics in international arbitration: Balancing technology with the human touch
Any form of dispute resolution can arguably be described as nothing more than the structured presentation of data analytics. Arbitration is no different. At the outset of a claim, information (data) is collected and analysed to determine the facts of relevance to a dispute. Contractual and...
28 February 2020
Inside Arbitration: Crimean investment treaty arbitration claims: Recent developments
Over five years have passed since the upheavals in Crimea. Tensions between Ukraine and Russia continue to run high. Since 2014, a number of investment arbitration claims have been filed, first against Russia, then against Ukraine. Over this period, the landscape around what some have termed the “...
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...
22 October 2019
2019 Global Bank Review
The 2019 edition of our Global Bank Review: The Data Game , explores the rapid growth of data as one of the most significant developments in the banking sector. That being the case, we are still only at the beginning of the data journey and its impact in the next decade or two will be even more...
17 July 2019
Inside arbitration: The role of arbitration in employment-related disputes
Practical uses and limitations In this article, Paul Goulding QC of Blackstone Chambers, Peter Frost, London and Barbara Roth, New York, Partners in Herbert Smith Freehills' contentious Employment practice, and Hannah Ambrose, Senior Associate in the Global Arbitration practice, explore the growing...
17 July 2019
Inside arbitration: Arb-Italia: Italy's continuing commitment to arbitration
In litigation-saturated Italy, arbitration has often been cited as an attractive alternative form of dispute resolution. However, its uptake has been somewhat slower than anticipated. Legislators and arbitral practitioners have taken various steps in the past years to promote an arbitration-...
16 July 2019
Inside arbitration: Interview with Paula Hodges QC: President of the LCIA
Paula Hodges QC's career is pretty remarkable. Head of Herbert Smith Freehills' Global Arbitration Practice, she is ranked as one of the leading arbitration practitioners in the world. During her career to date she has had no shortage of interesting cases, involving clients from across the world,...
16 July 2019
Inside arbitration: Cybersecurity matters: Arbitration away from prying eyes
One of the many reasons that companies choose to resolve disputes through arbitration over court litigation is the ability to keep their disputes and the outcome of their disputes private. Arbitration is often chosen to resolve highly sensitive disputes, and being a truly international dispute...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
03 April 2020
COVID-19: Pressure points: German Start-Up Liquidity Programme 2020 (Germany)
On 31 March 2020, the German Federal Government (through the German Federal Ministry of Finance and the German Federal Ministry of Economy and Energy) has announced to provide further liquidity measures in light of the ongoing COVID-19 crisis, this time specifically tailor-made and shaped to...
03 April 2020
COVID-19: Posible impacto jurídico (últimas novedades) (España)
En los últimos días se ha publicado nueva normativa para hacer frente a la crisis sanitaria provocada por el COVID-19. Analizamos a continuación, los impactos más relevantes de las medidas que se incluyen fundamentalmente en el Real Decreto-ley 11/2020, de 31 de marzo, por el que se adoptan medidas...
03 April 2020
COVID-19: People: Flexibility provisions in Modern Awards (Australia)
Over the past week, the Fair Work Commission ( FWC ) has made determinations to vary the Clerks – Private Sector Award 2010 (the Clerks Award ), the Hospitality Industry (General) Award 2010 (the Hospitality Award ) and the Restaurant Industry Award 2010 (the Restaurant Industry Award ), to address...
03 April 2020
COVID-19: People: Temporary amendments to Modern Awards concerning leave entitlements (Australia)
The Fair Work Commission ( FWC ) announced that it proposes to temporarily vary 103 modern awards to: provide all employees (including full-time, part-time and casual employees) with a new entitlement of up to 2 weeks’ unpaid pandemic leave; and provide for employees, by agreement with their...
02 April 2020
Covid-19: Pressure Points: Listed Closed-Ended Investment Funds (UK) - updated 2 April 2020
The spread of COVID-19 has unsettled financial markets over the last few weeks. Against this backdrop, it is also important to recognise the differing impact of the pandemic on different sectors and market players.
02 April 2020
COVID-19: Pressure Points: Contractual Implications and Considerations under New York law (United States)
As the COVID-19 outbreak keeps impacting contractual performance, an increasing number of counterparties are seeking ways to avoid contractual liability for non-performance. Parties with contracts governed by New York law should consider a number of issues before attempting to excuse performance...
02 April 2020
COVID-19: People: Handling COVID-19 related health information (Australia)
The COVID-19 pandemic has led to information gathering and sharing that has, up until now, not been contemplated by many Australian organisations. Businesses are dedicating resources to implement essential measures aimed at responding to COVID-19 and protecting the health of their personnel and...
02 April 2020
COVID-19: People: ADGM issues new COVID-19 circular regarding employees - 5 key points (Abu Dhabi)
The Abu Dhabi Global Market (“ ADGM ”) is an economic freezone located in Abu Dhabi, with its own set of civil laws based on the law of England & Wales. The ADGM’s Registration Authority (“ RA ”) issued Registration Authority Circular No. 14 of 2020 on 29 March 2020 (“ Circular ”), its most...
