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Recent Articles

07 February 2019

Inside Arbitration: David Aven v Costa Rica: Key takeaways for foreign investors to consider when resorting to investor-state arbitration in environmental disputes

Investment disputes related to environmental protection can sometimes imply a tension between a state's obligation to protect its natural resources from environmental harm and its desire to promote foreign investment. Historically, environmental regulation has been thought to be inconsistent with...
07 February 2019

Inside arbitration: spotlight on Florencia Villaggi

Florencia Villaggi is a senior associate in our International Arbitration group, specialising in Latin American work. An Argentinian national, she qualified and practised in her home country for six years, before winning a UK Government scholarship to pursue a Master's degree in London. Although...
07 February 2019

Financial Services Industry Royal Commission - Final Report

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released to the public just after 4.00pm on 4 February 2019.
07 February 2019

Inside Arbitration: Enforcement of foreign arbitration awards in Latin America

Enforcement proceedings can be of the utmost significance in international arbitration. If a losing party does not make voluntary payment after an award has been made against it, the award will be meaningless if it cannot then be enforced against the losing party's assets. To avoid such a pyrrhic...
05 February 2019

Inside Arbitration

In a global business it can often be difficult to get to know your colleagues in other offices and locations. You may deal with them by email or over the phone, but that rarely equates to understanding how, or why, they came to be doing the work they do today or the additional skills and...
05 February 2019

Corporate governance for large private companies: a flexible framework

The final form Wates Corporate Governance Principles for Large Private Companies (the Wates Principles) have been published by the working group chaired by James Wates CBE. The government asked the working group to develop a set of corporate governance principles for large private companies as part...
05 February 2019

Brexit and its impact on international transfers of personal data

Miriam Everett, Head of the Data Protection and Privacy group at Herbert Smith Freehills, has been working with the LexisNexis Data Protection Intelligence Group to publish a paper on Brexit and international personal data transfers: Practical approaches for the private sector in a time of...
05 February 2019

Politicians — the global trend of political intervention

Countries traditionally open to foreign direct investment tightened their regimes in 2018
04 February 2019

The View from Brussels - Using EU law to improve the Brexit deal along the lines requested by the UK Parliament

The UK Parliament has rejected the negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and a Political Declaration on future relations and has mandated the Government to seek an alternative to the most contested element – the Protocol on Ireland/Northern Ireland, commonly...
04 February 2019

Brexit Legal Guide 2019

As business makes increasingly vocal calls for legal certainty we are pleased to launch this Brexit Legal Guide. The new online guide will be regularly updated as the legal impact of Brexit evolves. The latest updates are indicated below.
04 February 2019

SFC seeks to halt "rolling bad apples" in their tracks with licensing reforms

On 1 February 2019, the Securities and Futures Commission ( SFC ) announced significant changes to its licensing forms and processes (Licensing Reforms). Included in these changes was the long-awaited arrival in Hong Kong of measures intended to stop the “rolling” of “bad apples” within the...
01 February 2019

Client Academy India

We are very proud to host our inaugural flagship event, the Client Academy India. This event, which will take place in Mumbai at the beginning of 2019, is aimed at bringing together a select group of the most senior legal advisers from major organisations across India for a full day programme...
31 January 2019

Surveying the stub equity landscape post-Capilano

Reactions to the Capilano scheme of arrangement may prompt a lessening of stub equity deals involving proprietary companies, and re-emergence of the use of non-Australian stub equity vehicles.
30 January 2019

THE VIEW FROM PARIS: FRENCH GOVERNMENT “NO-DEAL” BREXIT PLANNING FOR FINANCIAL SERVICES INDUSTRY

With Brexit day fast-approaching and the draft Withdrawal Agreement defeated in the UK Parliament on 15 January 2019, the French Government has undertaken to enact measures in key areas in order to mitigate against the consequences of a “no deal” Brexit in France.
30 January 2019

OFAC Imposes Blocking Sanctions on PdVSA

On January 28, 2019, the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced the designation of Venezuelan state-owned oil producer Petroleos de Venezuela, S.A. (PdVSA) as a Specially Designated National ("SDN"), which follows the White House's earlier announcement...