20 September 2022
Japan Publishes Guidelines on Corporate Human Rights Due Diligence
On 13 September 2022, the Japanese government ( Government ) published its Guidelines on Respecting Human Rights in Responsible Supply Chains ( Guidelines ) (available in Japanese here ). The Guidelines set out how businesses active in Japan should address the human rights risks arising in their...
22 April 2021
Scottish Independence: The International Law Implications
The prospect of an independent Scotland raises a number of significant questions as to the impact on the rights and obligations of both Scotland and the rest of the UK ( rUK ) under international law. This short article highlights some of the key international law implications of Scottish...
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...
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...
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...
30 November 2022
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.
25 November 2022
A new normal: data governance and internal stakeholder alignment
Building a robust data governance and privacy compliance regime requires strategic planning and meaningful business buy-in. As the spotlight on data governance intensifies, legal leaders across all industries are evaluating best practices.