15 August 2018
Getting the deal through: Mining 2018 (South Africa Chapter)
The mining industry has historically been a key driver of the South African economy. Economic activity in modern-day Soth Africa has been centered on mining activities, their ancillary services and supplies. The country's stock exchange in Johannesburg was established in 1887, a decade after the...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
27 July 2018
The temperature is rising on corporate crime in Australia Implications for company directors
Proposed corporate crime reforms will involve a sea change in director responsibility. Rather than directors reacting to issues that come to their attention like foreign bribery offences, it will be important for directors to take proactive steps to ensure such issues do not arise.
27 July 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: Resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
15 June 2018
Heightened Risk? Resource nationalism on the rise in sub-Saharan Africa
The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries.
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...
03 May 2018
Latest developments of the mining industry in Latin America
In view of the rise in commodity prices, especially metals, mining activity in South America has increased in 2017 compared to the last few years. Expectations are that 2018 will build on last year's positive trend. In this article we give a snapshot of the main Latin America mining markets,...
03 May 2018
South African mining outlook for 2018: Environmental and climate change resilience
The South African government has committed to reducing greenhouse gas ( GHG ) emissions to meet its nationally-determined contribution commitments in accordance with the Paris Agreement. In order to achieve these objectives, the South African government needs to implement regulatory and other...
03 May 2018
Protecting against wrongful state actions: structuring investments to allow a real possibility of recourse
Mining companies are no strangers to risky environments and threats of political upheaval. In an era of growing resource nationalism and increased environmental and populist activism, these risks are augmented – particularly in jurisdictions where governmental stability is uncertain.
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13 September 2018
UKademy 2018
The UK Collaborative Plan for Pro Bono is running the third annual UKademy Conference; run by pro bono professionals for pro bono professionals working in law firms. Anyone tasked with starting up, managing and/or leading pro bono work for their office or firm on a full or part time basis is...
15 August 2018
Getting the deal through: Mining 2018 (South Africa Chapter)
The mining industry has historically been a key driver of the South African economy. Economic activity in modern-day Soth Africa has been centered on mining activities, their ancillary services and supplies. The country's stock exchange in Johannesburg was established in 1887, a decade after the...
14 August 2018
Termination of contracts with an indefinite term: South African courts’ approach
The duration of a contract is often specified by an express provision, or it may be determined from the nature and purpose of the contract. However, there are cases when the duration is neither determined nor determinable. An indefinite term contract is a contract that does not set a time period...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
31 July 2018
Brexit 'The view from Brussels' – developments in July
On 12 July 2018 the UK government finally published its White Paper on the future relationship between the United Kingdom and the European Union including a proposal for the establishment of an economic partnership between the UK and the EU. At the core of this proposal is the establishment of a...
30 July 2018
The Takeovers Panel’s new 4 month lock out rule
The Takeovers Panel has, following a public consultation process, articulated a new policy that, if a bidder makes a statement during a takeover bid to the effect that it will not increase its offer price, the bidder is prevented from announcing a new takeover bid at a higher price for 4 months...
30 July 2018
Finders keepers? The long-running Finders Resources takeover saga continues
The long-running Finders Resources saga, in which the application of the ASIC’s ‘truth in takeovers’ policy to shareholder intention statements has taken centre stage, is now the subject of a new review Panel decision in Finders Resources Limited 03R [2018] ATP 11.
27 July 2018
INSIDE ARBITRATION: Spotlight on Amal Bouchenaki
One of the global arbitration practice's newest partners discusses her route into arbitration, via the complexities of derivatives and project finance, the synergies between her LatAm and MENA practices, and her experience of single-handedly releasing a ship seized off the coast of Mauritania.
27 July 2018
INSIDE ARBITRATION: Spotlight on Helen Tang
Helen was recruited via the firm's PRC Scholarship programme, which targets outstanding native Mandarin speakers. On 1 May 2018, she became the latest PRC Scholar to be promoted to the partnership, and the first within the firm's Disputes practice. We asked about her experience of partnership so...
27 July 2018
Recent regional developments in South East Asia
The last 20 years have witnessed Singapore's meteoric rise to become one of the most popular arbitral seats globally. As the results of our recent survey on enforcement of arbitral awards in ASEAN states demonstrate (see page 7), Singapore also leads the pack for effective and efficient enforcement...
27 July 2018
INSIDE ARBITRATION: Spotlight on May Tai
May Tai is a Malaysian national who has spent her career in Herbert Smith Freehills' international arbitration practice, working on many of our largest, most complex cases. Since last year, she has also been the Managing Partner of our Greater China offices. We asked her to tell us about her...
