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13 September 2021


In August 2021, the IPCC’s Sixth Assessment report confirmed that human influence has undoubtedly warmed the climate system and raised the global surface temperature. The report, which is supported by the physical science of climate change, also confirmed that some changes which already affecting...
10 September 2021

Defamation law for the digital age: The High Court decides media companies are “publishers” of third party Facebook comments

The High Court in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 ( Voller ) found that media companies were “publishers” of third-party Facebook users’ comments made on their Facebook pages. In creating Facebook pages and posting content on them, media companies had facilitated,...
09 September 2021

Vaccinations Webinar

As global COVID-19 vaccination programmes gather momentum, businesses are grappling with whether they can - and should - make vaccination a pre - requisite to accessing workplaces. For those in the construction, energy and infrastructure sectors, this is a particularly important issue, given the...
06 September 2021

Market practice for India disputes clauses reversed by Supreme Court

Investors in India have traditionally accepted arbitration in India when contracting through onshore subsidiaries. Commercial parties (whether foreign or domestic) preferring arbitration in Singapore or London were restrained by market perception that arbitration in India was mandatory for...
03 September 2021

Treasury proposes civil penalties and other changes to unfair contract terms regime

Among other proposals, a civil penalty regime is proposed for standard form contracts containing unfair contract terms which, if passed into law, would apply to an expanded class of contracts.
03 September 2021

German energy law violates European law – European Court clarified the term of a vertical integrated undertaking and decided that the Federal Network Agency must become more independent

On 2 September 2021, the European Court decided that the German legislator has not implemented correctly requirements of the EU Electricity Directive and the EU Natural Gas Directive. In particular, the German concept of a vertical integrated undertaking is too narrow. Besides and most notably, the...
02 September 2021

Fit for 55 – EU recognises the need for a broad alternative fuels infrastructure across Europe

In the context of the ‘fit for 55’ package, published on 14 July 2021, the European Commission proposed the adoption of a new Regulation for the deployment of an alternative fuels infrastructure; the new Regulation will repeal Directive 2014/94/EU ( DAFI ).
01 September 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.
31 August 2021

UN sharpens draft treaty on business and human rights

The group drafting a new UN treaty adds to global pressure for mandatory human rights due diligence, expanded duties for corporates and better remedies for victims.
31 August 2021

Back to the future on electronic execution, at least for now

As a response to the current pandemic, a series of regulatory instruments and legislative amendments have been put in place to facilitate electronic signing of contracts and deeds. In most (but not all) Australian jurisdictions these amendments have been temporary, albeit generally extended as the...
31 August 2021

Proposed merger reforms: ACCC seeks to increase power to block deals

The Australian Competition and Consumer Commission ( ACCC) has proposed radical changes to the way mergers are regulated in Australia recommending the introduction of a mandatory and suspensory merger review process with limited merits review by the Australian Competition Tribunal.
24 August 2021

Decarbonising Asia and Beyond

Our series of panel discussions brings our experts together with industry leaders to explore what the future of energy may look like in Asia and beyond. In each session, panellists will discuss one of four key issues. These include energy transition technologies, hydrogen economy, sustainable...
19 August 2021

The IPCC 2021 Climate Change Report – An Overview

The United Nations Intergovernmental Panel on Climate Change (IPCC) has released its 2021 AR6 climate change report (Report), as well as a summary for policy leaders. The Report addresses the current understanding of the climate system and climate change as well as the future possibilities of what...
17 August 2021

The UK takes the lead in the race to regulate online content despite challenges

The UK Government is one of the first individual nations to put forward its own legislative proposals to 'regulate the internet' with the long awaited Online Safety Bill (the “ Bill ”). The amount of time it has taken the Government to publish the Bill reflects the unenviable challenges facing...
17 August 2021

Navigating fluid and uncertain changes to FDI regulation in the era of global protectionism

In the context of increasing global protectionism, foreign direct investment ( FDI ) regulation has become ever more important, with many countries becoming more interventionist. This has resulted in several high-profile technology deals being blocked and unwound. However at the same time, a number...