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30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
29 March 2021
Pressure points: The light at the end of the Covid-19 tunnel? the landscape for arbitration and disputes in a time of uncertainty and hope
The approval and rollout of mass Covid 19 vaccinations across many parts of the world has prompted many to look ahead to a “post-Covid” world. For clients and practitioners of arbitration who have witnessed the almost overnight shift of arbitral practice into the virtual arena, that quest for a...
10 March 2021
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration ( ACICA ) released the inaugural Australian Arbitration Report ( Report ). The Report analysed data obtained by ACICA and FTI Consulting in the inaugural Australian Arbitration Survey ( Survey ). The Survey collected...
25 February 2021
Inside Arbitration: A new frontier - What does the Brexit deal mean for cross-borderdispute resolution and for London-seated arbitration?
The transition period under the Withdrawal Agreement has now come to an end and, following the last minute announcement of a deal between the UK and EU on 30 December 2020, businesses across the world are assessing the practical implications of Brexit for doing business in the UK and the EU going...
25 February 2021
Inside Arbitration: Party autonomy prevails Revisiting London after the latest Supreme Court decisions
Against the backdrop of Brexit, there has been an increased interest in London as an arbitral seat, intensifying with the UK’s exit from the EU in January 2020 and over the few months leading up to the end of the transitional arrangements on 31 December 2020. This greater focus on London has...
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...
25 February 2021
Inside arbitration: ASIs to the rescue using anti-suit injunctions to protect an arbitration agreement
International, commercial parties overwhelmingly elect to arbitrate their cross-border disputes, rather than taking them to court. As a matter of law, an arbitration agreement ousts the jurisdiction of any national court to decide the substance of the dispute. Despite this, our clients increasingly...
25 February 2021
Inside Arbitration: Spotlight interview: Mike McClure
Mike is a Herbert Smith Freehills world traveller, having spent time in our London, Dubai, Hong Kong and Moscow offices. Now based in Seoul, he heads the office and leads a thriving international arbitration practice in one of Asia’s most up–and–coming arbitral seats. Mike’s practice covers...
25 February 2021
Inside Arbitration: Event report - Investor-state mediation at the tipping point
The pandemic this year may have held a lot of us back from physical gatherings, but it certainly did not diminish our interest in gathering (virtually) for this year’s Hong Kong Mediation Lecture. The lecture, organised by the Department of Justice and proudly sponsored by Herbert Smith Freehills,...
25 February 2021
Inside Arbitration: Event report - The threat of legal claims against arbitrators and arbitral institutions
This year marked the tenth edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture Series. We were privileged to have Ms Loretta Malintoppi from 39 Essex Chambers deliver that lecture, focusing on an often overlooked but growing threat of potential civil liability of arbitrators and...
18 November 2020
Can We Talk of an Arbitration Culture in Asia? - online conference
The Center on International Commercial Arbitration at the American University Washington College of Law invites you to this online conference, at which Arbitration practitioners will debate the culture of arbitration in Asia and the challenges that lie ahead in the region. 18th November 2020 9:00...
16 November 2020
Australia joins the world’s largest free-trade trade bloc
The Regional Comprehensive Economic Partnership ( RCEP ) was signed on Sunday 15 November 2020 , after eight years of deliberations. The RCEP is considered by some accounts the world’s largest “free-trade” agreement, representing almost 30 per cent of global GDP and 30 per cent of the world's...
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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...
08 April 2021
Real estate transfer tax (“RETT”) reform likely to be implemented on short notice
The German RETT reform is gaining momentum and an updated draft bill is contemplated to be voted on by the German parliament as early as mid-April. While a draft bill has not yet been published, with a few exceptions, the new rules are expected to be largely similar to a previous draft published in...
31 March 2021
SPACs and de-SPACing – What Australian companies need to know
In 2020, SPACs overtook traditional IPOs in the US by number and each of them will need to find acquisition targets or be liquidated within a set time frame. Increasingly, Australian companies are on the radar as acquisition targets for SPACs. In this article we examine what they are, why...
31 March 2021
Policyholder successfully challenges insurer’s refusal to cover ‘securities claim’
In good news for policyholders defending class actions, the Federal Court of Australia has rejected an insurer’s arguments that a class action settlement was not covered because: the units in an ASX-listed trust the subject of the proceedings were not “securities”; and the proceedings arose from...
31 March 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast on gambling law
This podcast, hosted by Steven Jacobs , will focus on unwinding the tangled web of US gambling laws past and present, telling the stories of the people affected by this sometimes-impenetrable and often-changing landscape, and providing insight on what will come next.
30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
29 March 2021
UAE Cabinet approves the establishment of the Executive Office for AML and CFT
The UAE Cabinet has approved the establishment of the Executive Office of the Anti-Money Laundering and Countering the Financing of Terrorism to oversee the implementation of the UAE’s National AML/CFT Strategy and National Action Plan ( NAP ).
29 March 2021
Pressure points: The light at the end of the Covid-19 tunnel? the landscape for arbitration and disputes in a time of uncertainty and hope
The approval and rollout of mass Covid 19 vaccinations across many parts of the world has prompted many to look ahead to a “post-Covid” world. For clients and practitioners of arbitration who have witnessed the almost overnight shift of arbitral practice into the virtual arena, that quest for a...
26 March 2021
Major foreign investment reforms in Australia – what you need to know
Significant amendments to Australia’s foreign investment regime commenced on 1 January 2021. Nearly three months after their commencement, we are beginning to see evidence of a more cautious approach by applicants seeking foreign investment approval. However, 2021 has also brought some positive...
24 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...