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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: 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
Inside Arbitration: Event report - Investor-state mediation at the tipping point
The pandemic this year may have held a lot of us back from physical gatherings, but it certainly did not diminish our interest in gathering (virtually) for this year’s Hong Kong Mediation Lecture. The lecture, organised by the Department of Justice and proudly sponsored by Herbert Smith Freehills,...
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...
18 November 2020
Can We Talk of an Arbitration Culture in Asia? - online conference
The Center on International Commercial Arbitration at the American University Washington College of Law invites you to this online conference, at which Arbitration practitioners will debate the culture of arbitration in Asia and the challenges that lie ahead in the region. 18th November 2020 9:00...
24 September 2020
Webinar: Sustainability in Arbitration – Reducing the environmental impact of our disputes
Herbert Smith Freehills and the Campaign for Greener Arbitrations are delighted to invite you to attend our webinar on Sustainability in Arbitration. Environmental sustainability is not a new subject, but is one that is increasingly at the forefront of government and corporate strategy and...
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: A balance of obligations: The response to the COVID 19 pandemic and investment treaty protections
The impact of the COVID-19 pandemic has been felt across the globe. States have had to make some difficult decisions in response to the spread of the virus while trying to mitigate both economic and societal damage in the short and longer term. This has led to the introduction of a whole range of...
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...
10 June 2020
Enforcement of foreign arbitral awards in Australia (Tianjin Jishengtai Investment v Huang)
Arbitration analysis: This judgment involved a contested application to enforce in Australia a foreign arbitral award made in the People’s Republic of China. Having regard to the objects of the International Arbitration Act 1974 (IAA 1974), the court considered that the award should be enforced...
27 April 2020
COVID-19: Pressure Points: How COVID-19 has impacted Courts and Arbitration Centres - Update (UAE)
COVID-19 poses an unprecedented threat to the lives of people and communities across the world. In the context of legal disputes, courts and other forums have been forced to adapt their usual business practices for the safety of their employees, as well as the practitioners that use them and the...
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12 January 2022
Corporate Governance snapshot: Preparing your annual report and AGM notice in 2022
This snapshot summarises the key developments and issues arising in practice over the last 12 months which impact the 2021 annual report and the AGM in 2022. For further information or to obtain a copy of our full briefing on preparing your annual report and AGM notice in 2022, please email one of...
11 January 2022
Corporate Governance snapshot: Reporting in structured electronic format
The UK Transparency Rules require listed companies to produce their annual report and accounts in structured electronic format in respect of financial years beginning on or after 1 January 2021. The new rules require listed companies publish their annual report and accounts in XHTML web browser...
10 January 2022
PODCAST: THE NEW NATIONAL SECURITY & INVESTMENT ACT – WHAT DO PUBLIC M&A PRACTITIONERS NEED TO KNOW?
In the latest episode in our public M&A podcast series, we discuss the National Security & Investment Act – the new regime which gives the UK government powers to screen and block acquisitions and investments on national security grounds – and the impact for public M&A practitioners.
05 January 2022
Merricks v Mastercard: the litigation risks for the financial services sector
Herbert Smith Freehills LLP have published an article in Butterworths Journal of International Banking and Financial Law on the repercussions of the recent decisions in the Merricks v Mastercard litigation for the wider litigation landscape, particularly for the financial services sector.
24 December 2021
The Growing Importance of Social Loans for Project Finance
The last five years has seen a global boom in sustainable financing, primarily driven by green loans and bonds, and sustainability linked loans (SLLs). Growth in this area has been linked to a desire to align financing transactions with a broader imperative to improve the environmental impact of...
23 December 2021
Is it game over for computer-implemented inventions in Australia?
The Full Court of the Federal Court of Australia has provided some clarity on assessing whether computer-implemented inventions constitute patentable subject matter, finding that Aristocrat’s patent claims to electronic gaming machines with particular gaming features were not a “manner of...
22 December 2021
Activism Rising – The Role of Shareholders in Shaping ESG Strategy
While environmental, social and governance (ESG) activism has long been a feature of many markets globally, 2021 has signalled the increased willingness of large institutional investors to take or support activist action against corporate boards where they perceive companies’ progress on ESG issues...
21 December 2021
New Data Protection Law introduced in the UAE – 10 key takeaways
The United Arab Emirates has introduced a new Federal Law for the Protection of Personal Data, the first of its kind in the country and the latest edition to the country's Year of the 50th legislative reform package. Federal Decree-Law No. 45 of 2021 (the " Law ") promises to bring the UAE in line...