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18 June 2020
Future Cities Series: Change in direction or full speed ahead for the transport industry?
Modern transport has allowed us to travel further and faster, and in much greater numbers. It has shaped where we live, how we work and how we have fun. Developments in transport usage have in turn been shaped by external drivers; technological innovation, economic developments, government...
12 May 2020
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. 1 In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
01 March 2019
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event occurs, not when indemnity is declined and, as a result, a policyholder’s court proceedings which were commenced more than 6 years after the date of the...
08 November 2018
Second Wave of United States Sanctions Against Iran Re-Imposed
Following President Trump’s decision on May 8, 2018 to withdraw the United States from the Joint Comprehensive Plan of Action (“JCPOA”), the US government announced that it would re-impose pre-JCPOA nuclear-related Iran sanctions (both primary and secondary) that were lifted under the JCPOA. As we...
10 October 2018
ACCC orders port of Newcastle to reduce charges for Glencore
The Australian Competition and Consumer Commission has determined that Port of Newcastle Operations must reduce the current charge for ships entering the port carrying Glencore’s coal by around 20%. As the first substantive arbitration under the National Access Regime, the determination provides...
11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
16 February 2018
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” covered by a professional indemnity policy, despite the fact that it was not unintentional.
22 November 2017
Be specific when it comes to project insurance
A recent decision of the New South Wales Supreme Court reminds us of importance of carefully documenting the intended relationships and hierarchy between a project-specific insurance policy and the insurance policies which are held by the various participants in the project. 1
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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...
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 [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...
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...
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: 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: 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...