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.
03 May 2018
Exit by minority participants
As a result of the recent full or partial exits by a number of major mining companies from the Australian coal industry, a number of minority participants have also considered how the sell part or all of their interest. The recent experiences of these minority participants has highlighted the key...
19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
13 April 2018
Senate backs further foreign bribery reform: Senate Committee hands down report on Australia's Anti-Bribery regime
The long-awaited Senate Economics References Committee report into foreign bribery was released on 27 March 2018. The report recommends ways in which Australia’s foreign bribery framework can be strengthened.
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
05 March 2018
The Temperature’s Rising on Corporate Crime in Australia: Expected Developments in 2018 and Implications for Business
Proposed Australian regulatory developments place a higher onus on Australian businesses to self-manage corporate crime risk, and to have in place robust systems to address ethics and compliance within their organisations.
06 December 2018
Cadbury's colour purple trade mark can't be split
Clarity and precision in a trade mark description are the winners in the Court of Appeal Cadbury's attempt to argue its trade mark registration for the colour purple was actually a series mark which could be split and partially maintained was rejected yesterday by the Court of Appeal. Although...
06 December 2018
MENAS Breakfast Briefing - Nigeria
Nigeria’s Great Divide: the February 2019 elections For the first time in decades, the leading candidates for the presidency in the February 2019 national elections offer competing views of how Nigeria and its economy should be run. The election will be about policy, money and jobs. Africa’s...
05 December 2018
Growing trend of environmental and human rights-based class actions
On 25 October 2018, Greenpeace e.V. , alongside three organic farmers, filed a claim in the Administrative Court of Berlin on the basis that the German federal government had wrongfully abandoned its target of cutting greenhouse gas emissions by 40% compared to 1990 levels by 2020. Under the...
04 December 2018
Renewed focus on compensation to address misconduct risk
The Financial Stability Board ( FSB ) released on 23 November 2018 its recommendations on the types of data regulators should be collecting from financial institutions ( FIs ) regarding compensation tools, as part of its workplan to address misconduct risk in FIs. This data is intended to help...
03 December 2018
Casual employment and double dipping continues to take centre stage
We discussed in our previous Legal Briefing 1 the flurry of recent activity with plaintiff-focussed litigation funders and law firms instituting and threatening to commence class action claims in the mining, direct sales and marketing, and labour hire sectors over the alleged underpayment of...
28 November 2018
London Construction and Infrastructure Disputes Group authors chapter in GAR Guide to Construction Arbitration
London-based Construction & Infrastructure Disputes partners James Doe and David Nitek have authored the chapter on 'Construction Arbitration and Turnkey Projects' in the second edition of Global Arbitration Review’s Guide to Construction Arbitration .