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...
23 July 2020
Pressure points: Insurance cover for COVID-19 related financial losses? (Australia)
There has been significant debate about insurance coverage for financial losses associated with COVID-19. Uncertainty exists because of the absence of any ‘physical damage’ to insured property, 1 which typically triggers the ‘business interruption’ ( BI ) coverage in the industry standard...
15 July 2020
Where is the balance now? Preliminary injunctions in pharmaceutical patent proceedings in 2020 and beyond
Recent decisions of the Federal Court of Australia have significantly changed the way in which parties to pharmaceutical patent litigation should analyse and approach preliminary injunction applications. While previously a patentee could generally expect to obtain a preliminary injunction if their...
15 July 2020
UK Supreme Court clarifies availability of construction adjudication regime in insolvency
In what is likely to be one of this year’s landmark insolvency decisions, the Supreme Court in Bresco v Lonsdale has considered the interaction between insolvency set-off and adjudication, though the judgment is likely to have application to other dispute resolution processes including litigation...
24 June 2020
Pressure Points: Our new publication: Covid-19 Contract Disputes Guide (UK)
The economic disruption caused by the Covid-19 pandemic inevitably exposes businesses to heightened legal risk. In particular, counterparties may seek to delay, avoid performance and/or terminate agreements. This may be either because Covid-19 has legitimately prevented them from performing their...
24 June 2020
Pressure points: Force majeure and Covid-19: the Paris Commercial Court’s interim relief judge (juge des référés) suspends the electricity suppliers’ obligation to purchase electricity from EDF (France)
The Covid-19 pandemic constitutes an unprecedented health crisis. Because of its unparalleled impact on the economy, businesses and contracts more generally, the crisis is of great interest to legal professionals. The upheavals that this crisis will bring with respect to the performance of various...
07 July 2022
DOCA takeovers: the ‘third way’ for distressed Australian listed company acquisitions
While the M&A pipeline remains strong and the usual acquisition models for listed companies (takeovers and schemes of arrangement) remain active, as talk turns to economic headwinds and rising interest rates, it is worth bearing in mind the third possible pathway to acquire a listed company in...
06 July 2022
Trust Companies Survey 2022: Reputational Risk
This year, respondents said that the fourth greatest challenge to their business was reputational risk for clients in being associated with trust structures and offshore jurisdictions. In this article, we discuss why – six years after the Panama Papers story broke – reputation continues to weigh...
04 July 2022
Unbundling Competition: Asia competition law podcasts
In this podcast, members of the Herbert Smith Freehills Competition, Regulation and Trade team examine key competition law and related regulatory developments. In each instalment, we update you on the latest developments across Asia, as well as those affecting Asian businesses around the world,...