22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
19 November 2020
Update on Covid-19 Business Interruption Insurance: A Further Win for Australian Policyholders
Policyholders have won the first of a number of Australian test cases about insurance cover for Covid-19 related business interruption losses. In a 5-0 decision, the NSW Court of Appeal held that an exclusion in the infectious diseases extension for quarantinable diseases notified under the “...
06 November 2020
Update on Covid-19 Business Interruption Insurance Claims – Australian Test Cases
In previous editions of Catalyst ( here and here ), we explained what was happening in the UK test case on business interruption insurance cover for financial losses associated with Covid-19 and the actions taken by authorities in response to Covid-19, which was largely resolved favourably to...
06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd  FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
05 November 2020
U.S. Department of State Issues Guidance on Human Rights Due Diligence for Surveillance-Capable Products and Services
On September 30, 2020, the U.S. Department of State published new guidance on human rights due diligence for U.S. businesses involved in the sale of products or services with surveillance capabilities that could be used by foreign governments.
03 November 2020
Australian Federal Government commits to Commonwealth Integrity Commission
In a long-awaited move, the Federal Government announced yesterday that it is committed to establishing a Commonwealth Integrity Commission ( CIC ), designed to strengthen existing Commonwealth integrity arrangements and create “a powerful new public sector watchdog”.
22 October 2020
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals
Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia. The UK Court has: issued its detailed declarations to give effect to its reasons for judgment handed down on 15 September 2020 (a copy of the judgment is...
09 September 2020
Launch of first Guide to Dispute Resolution and Governing Law in Russia
Recent changes to Russian law have caused a degree of uncertainty amongst clients as to what they can and cannot do when transacting with Russian parties or in transactions involving Russian entities. This is particularly true surrounding the dispute resolution and governing law clauses that they...
20 August 2020
Inside Arbitration: Towards greener arbitrations: Achieving greater environmental sustainability in the way we work
At Herbert Smith Freehills, we have stringent sustainability targets, as do many of our clients. As a business, we strive to find innovative ways to ensure we work in a more environmentally-friendly manner, and assist our clients in meeting their sustainability targets.
18 August 2020
Inside Arbitration: Russian courts to have exclusive jurisdiction over sanctioned persons and disputes arising out of sanctions against Russia: Overview of the new law and practical implications
On 8 June 2020, the Russian President signed a new federal law (No.171-FZ) 1 amending the Russian Arbitrazh (Commercial) Procedure Code (the “ Law ”), which will significantly change the dispute resolution landscape involving Russian individuals and entities subject to international sanctions. The...
04 October 2021
Cartel Intel: Interview with Bo Vesterdorf, former President of the EU General Court
In advance of the next edition of Cartel Intel , our quarterly update on key EMEA cartel developments, Daniel Vowden (Partner, Brussels) had the great privilege of discussing important recent EU legal developments with Bo Vesterdorf , formerly a judge at and the President of the EU General Court (...
01 October 2021
New pensions criminal offences and regulatory sanctions now in force
From today, directors, lenders, investors and other parties to corporate activity which may jeopardise the interests of a defined benefit (DB) pension scheme face the spectre of criminal prosecution. The new pensions criminal offences and other regulatory sanctions which come into force today are...
30 September 2021
ASIC’s views on stub equity: one year into new rules
One year after adopting new rules for stub equity scrip consideration in takeovers and schemes, ASIC has emphasised its view that target directors and experts should be including a recommendation or opinion on stub equity scrip consideration or giving reasons why no opinion is provided.
30 September 2021
GAR Live: Energy Disputes 2021
The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This...
30 September 2021
TMA submissions on Australian creditors’ scheme of arrangement consultation
On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia (the Consultation Paper ). The submissions process has now closed.
29 September 2021
Pensions Regulator issues final policy on enforcing pensions criminal offences
The Pensions Regulator has today published its final policy on investigating and prosecuting the new pensions criminal offences of causing a material detriment to a defined benefit ( DB ) pension scheme and avoiding an employer debt, which come into force on 1 October 2021. Following criticism that...
22 September 2021
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
17 September 2021
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe which the new court's Preparatory Committee states is likely to start mid-2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current...
15 September 2021
International Construction Law Conference 2021
King’s College London, Centre of Construction Law and Dispute Resolution, in collaboration with The Academy of Experts presents International Construction Law Conference 2021 Wednesday 15 September 2021 , held online and in person (restrictions permitting)* at King's College London starting at 09...