18 August 2020
Inside arbitration: A balance of obligations: The response to the COVID 19 pandemic and investment treaty protections
The impact of the COVID-19 pandemic has been felt across the globe. States have had to make some difficult decisions in response to the spread of the virus while trying to mitigate both economic and societal damage in the short and longer term. This has led to the introduction of a whole range of...
08 April 2020
COVID-19: Pressure Points: A balance of obligations: the response to the pandemic and investment treaty protections (Global)
The COVID-19 pandemic has brought about an unprecedented level of state action as governments around the world make difficult decisions in response to the spread of the virus. Over the past few months this has resulted in a variety of measures in different countries, including the suspension of...
07 February 2019
Inside arbitration: Spotlight on Christian Leathley Head of the Latin America Group and a real-life "Englishman in New York"
Christian Leathley is an English solicitor and New York attorney, who became a partner in 2012. Since then, he has worked in our London and Madrid offices, before relocating to New York in 2015. Two years ago, he was appointed Head of our US International Arbitration Practice. Throughout his career...
04 February 2019
The View from Brussels - Using EU law to improve the Brexit deal along the lines requested by the UK Parliament
The UK Parliament has rejected the negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and a Political Declaration on future relations and has mandated the Government to seek an alternative to the most contested element – the Protocol on Ireland/Northern Ireland, commonly...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
14 June 2018
Brexit 'The view from Brussels' – developments in June
The Brexit debate often looks different when viewed from Brussels rather than from London. That Brussels perspective however is important for businesses to keep in mind and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations. In this...
21 February 2018
Blockchain and Smart Contracts: novel opportunities for improving efficiency in contract execution and dispute resolution
Blockchain is seen by many as the most significant technological breakthrough since the advent of the internet. Digital currencies based on blockchain technology have monopolised many of the headlines, notably with the huge price volatility of Bitcoin in recent months. However, blockchain has far...
12 December 2017
Political intervention in M&A - Is the tide turning?
Political intervention in cross-border acquisitions is on the increase globally, against a back-drop of protectionist rhetoric in some countries: the blocking by President Trump of the bid by China-backed Canyon Bridge for Lattice Semiconductor being the latest high-profile example. Jurisdictions...
01 August 2017
Spotlight on Dr Patricia Nacimiento
Dr Patricia Nacimiento has a leading reputation in the world of both commercial and investment treaty arbitration. Here she reflects on her career to date, the increasing role of public international law in disputes and the global nature of her practice.
01 February 2017
"Rex Non Potest Peccare". Arbitration and State Immunity
The immunity of states and their assets from the reach of national courts is an area of law with considerable practical implications for both private and state-owned entities entering into international contracts. State immunity may affect whether a court or arbitral tribunal will take jurisdiction...
07 November 2016
LA LEY DE RÉGIMEN JURÍDICO DEL SECTOR PÚBLICO Y LOS TIPOS DE ACUERDOS INTERNACIONALES DE ESPAÑA
La entrada en vigor de la Ley del Régimen Jurídico del Sector Público y, en concreto, de su artículo 47.2.d), obliga a distinguir la naturaleza y efectos de los convenios que regula (administrativos, interadministrativos, intraadministrativos, y los celebrados con un sujeto de Derecho privado) de...
01 July 2016
The impact of sovereignty and boundary disputes on commercial investments
As can be seen from the merest glance at the world’s press, there remain a large number of unresolved sovereignty disputes around the world. According to the Maritime Boundaries Research Institute of the University of Dundee, as at June 2015, more than half of the 640 or so potential maritime...
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
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...
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...
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.
26 February 2021
Flexible and bespoke bid conditions – protecting against material risks
In E&P Financial Group Limited  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...
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...