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Recent Articles

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...
26 February 2021

Judicial review and the life sciences and health sectors

The life sciences and healthcare sector is subject to complex regulation, and decisions of Government bodies can have a significant impact on the availability and production of pharmaceutical products.
26 February 2021

Takeover Defence: Recent Trends, Themes and Tactics

In this article, we highlight some key aspects of public company M&A activity over the last 12 months and examine a number of themes that we have observed over that period.
26 February 2021

Flexible and bespoke bid conditions – protecting against material risks

In E&P Financial Group Limited [2021] 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...
26 February 2021


This is the latest in our series of general counsel updates which aim to summarise major developments in key areas.
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.
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

Event: In conversation with Sanjay Bhandari

The Herbert Smith Freehills Alumni Network and Multiculturalism Network are delighted to invite you to a Q&A style virtual event with Sanjay Bhandari , alumnus and Chair of football's equality and inclusion organisation Kick It Out .
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: 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: Towards greener arbitrations Achieving greater environmental sustainability in the way we conduct arbitrations: An update

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

Impact of Brexit on applicable law in cross-border insolvencies

From 31 December 2020, the European Regulation on Insolvency Proceedings (the “ EIR ”) ceased to apply in the UK. As a result: