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When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
Herbert Smith Freehills expands disputes offering in Europe with hire of five-strong arbitration and litigation team in Madrid
Herbert Smith Freehills has further strengthened its disputes offering in Europe with the hire of new Madrid Partner David Arias, who will join the firm …
NSWCA highlights 'med-arb' pitfalls
The New South Wales Court of Appeal has recently affirmed the importance of strict compliance with legislative requirements when arbitrators seek to …
Accessing a deregistered policyholder’s cover, and the need to consider exclusions carefully in context
A recent case1 in the financial services sector illustrates that: A counterparty being deregistered is not the endpoint for insurance claims. …
Class Action Roundtable: The ALRC report
The Australian Law Reform Commission has completed its inquiry into class action proceedings and third-party litigation funders, and its Final Report was …
The duty to consider creditors
In high stakes restructurings, directors can be under significant pressure from different parts of the capital structure to take (or refrain from taking) …
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event …
HKMA turns up the heat and announces consultation on IBOR transition
On 12 February 2019, the Hong Kong Monetary Authority (HKMA) announced in a briefing to the Legislative Council Panel on Financial Affairs that the …
What use are “entire agreement” clauses on claims for pre-contractual misleading or deceptive conduct?
The High Court of England has recently affirmed1 that an “entire agreement” clause does not exclude liability for misrepresentation. This article …
A litigator's yearbook: 2018 (England and Wales)
As the end of another year approaches, we have published our annual "Litigator's yearbook" looking back at key developments from 2018 from the …
The Brexit Podcast
Our regular series of podcasts to keep you up-to-date with the critical issues facing business post-Brexit.On our Herbert Smith Freehills Podcast …
The Federal Modern Slavery Bill becomes law
The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019.The Bill creates an ongoing …
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