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Recent Articles

28 July 2021

Arbitration is on the rise in Australia

The arbitration industry is booming in Australia. Between 2017 and 2019, the total amount in dispute in arbitrations with an Australian connection exceeded A$35 billion. Like any successful industry, success does not happen in a vacuum.
28 July 2021

New law on escalation clauses in Hong Kong

Key judgment on arbitration clauses affecting thousands of commercial contracts Many commercial contracts contain "escalation clauses"requiring parties to take certain steps before formal arbitration begins – such as a requirement to "negotiate in good faith" before starting arbitration.
28 July 2021

Hot topics in Construction Arbitration

The past year has been a turbulent time for the global construction industry, with many construction projects around the world having been affected in some form or another by delays, disruption and cost overruns arising directly or indirectly from the Covid-19 pandemic. Whilst there have been...
27 July 2021

The light at the end of the Covid-19 tunnel: The disputes landscape and the outlook for arbitration

The approval and rollout of mass Covid-19 vaccinations across many parts of the world has prompted many to look ahead to a “post-Covid” world. For clients and practitioners of arbitration who have witnessed the almost overnight shift of arbitral practice into the virtual arena, that quest for a...
27 July 2021

The rising importance of ESG and its impact on international arbitration

Debates around corporate purpose dominated headlines in the months leading up to the Covid-19 outbreak. Intensified scrutiny of corporate conduct, governance and investment behaviours during the pandemic only served to accelerate the conversation around environmental, social and governance ( ESG )...
26 July 2021

Bills, Parliamentary reviews, industry consultations… the Australian cyber regulation maze is about to become even more complex

On 13 July, the Government published a discussion paper on potential reforms to make Australia more resilient to cyber security trends. The Government considers that the way to get there is to create stronger incentives for Australian businesses to invest in cyber security. Submissions on the...
26 July 2021

Class action leaders exchange views on industry and reform trajectories

In a webinar panel hosted by the Law Council of Australia and Australian Academy of Law, some of Australia’s leading class actions practitioners, including Jason Betts, Partner, have given their review of the state of the class action industry in 2021.
26 July 2021

Inside Arbitration: Spotlight on Dana Kim

Following her promotion this year, Dana is the first "home-grown" partner in our Seoul office, having joined the firm as an associate in 2013. A Korean national, Dana is qualified in New York and England and Wales. She has worked on arbitrations across Asia, including China, Hong Kong, Singapore,...
22 July 2021

Summary of key EU Merger Control developments

Members of the HSF Brussels competition team have written their annual chapter as a contribution to the latest edition of the highly-regarded Global Competition Review (GCR) EMEA Antitrust Review, which provides a comprehensive summary of key recent EU merger control developments. The publication...
22 July 2021

The future of lending to the oil and gas sector

Intense, continued focus on sustainability has put pressure on the oil and gas sector to openly demonstrate its efforts to effect change across the environmental, social and governance (ESG) spectrum. The sector is still a critical one for energy transition, and for ensuring access to energy in...
22 July 2021

Innovation at the heart of the UK's wireless future and Ofcom's spectrum strategy

Following a consultation period which closed earlier this year, on 19 July 2021 Ofcom published its spectrum management strategy for the UK over the next ten years. The strategy prioritises the growth and innovation of wireless communication services, focusing on key areas, such as spectrum sharing...
21 July 2021

How much detail of potential claims is needed prior to renewal?

When it comes to renewing “claims made and notified” policies (such as D&O insurance and Professional Indemnity), policyholders must be careful to disclose full details of any facts known to them which have the potential to give rise to a claim, otherwise they run the risk of disentitling...
21 July 2021

Inside Arbitration - Issue 12

Inside Arbitration is intended to give our clients a personal insight by sharing with you the perspectives of our international arbitration partners from across the globe. Our articles look at the global landscape for disputes and dispute resolution, commenting on regional trends in particular...
20 July 2021

Virgin Territory: What are the Implications of Restructuring Plans for Defined Benefit Pension Schemes?

The judgment in Re Virgin Active Holdings Limited [2021] EWHC 1246 has empowered the use of restructuring plans under Part 26A to the Companies Act 2006 (‘RPs’) to compromise the rights of unsecured creditors based on evidence that they would receive little or no return on an insolvency.
20 July 2021

The Bettor's Verdict – a Herbert Smith Freehills podcast on gambling law

This podcast, hosted by Steven Jacobs , will focus on unwinding the tangled web of US gambling laws past and present, telling the stories of the people affected by this sometimes-impenetrable and often-changing landscape, and providing insight on what will come next.