Freshfields Risk & Compliance

June 30, 2021

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Can estoppel undermine reliance on a contractual time bar?

Notice requirements and corresponding time bars are common to construction contracts. Whilst the enforcement of time bars may have harsh...

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Sharon Grennan

June 29, 2021

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City Week 2021: Cryptoasset custody – the legal and regulatory position

On the opening day of the 2021 City Week conference, Freshfields partners Mark Kalderon and Cyrus Pocha, and senior associate Claire...

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Sarah Parkes

June 28, 2021

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Greener Litigation in England and Wales

Today marks the launch of the Greener Litigation Pledge, and I am delighted that Freshfields is one of the founding signatories.

The last...

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Lukas Pomaroli Iris Hammerschmid

June 24, 2021

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EU tightens sanctions grip on Belarus: broad restrictions imposed on key economic sectors

The EU has agreed on broad economic sanctions against Belarus as a response to the forced landing of a civil flight to arrest an exiled...

Amani Khalifa Sarah Sedky Matt Evans

June 23, 2021

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Incorporation of an arbitration clause by reference to FIDIC Conditions of Contract in UAE-seated arbitration: a trap for the wary to heed?

In a recent judgment, the Dubai Court of Cassation (the highest court in the Emirate of Dubai) ruled that incorporating the 1987 FIDIC...

June 22, 2021

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DB transfer advice - more complaints on the horizon?

In 2019, the UK's FCA commissioned an in-depth review into defined benefit (DB) pension transfer advice. Since that time, there has been...

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June 18, 2021

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Belgium’s ‘climate case’: Court finds Belgian state at fault but offers no guidance on how to reduce GHG emissions

The French-speaking Court of First Instance in Brussels (‘the Court’) has decided that the Belgian public authorities had failed to...

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Andrew Marsh

June 18, 2021

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Global Britain and financial services: Brexit impacts and future prospects

How are legal and regulatory changes affecting the UK financial services sector in the context of the government’s ambitions for a...

Michael Raffan

June 18, 2021

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BCBS consults on the prudential treatment of cryptoasset exposures

Last week, whilst El Salvador was contemplating reforms that should eventually allow Bitcoin to be used for everyday payments, a thousand...

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Kristie Chung Matthew O'Callaghan

June 18, 2021

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Hong Kong to introduce new mandatory licensing regime to regulate virtual asset exchanges

On 21 May 2021, the Hong Kong Financial Services and the Treasury Bureau (FSTB) published its consultation conclusions on the...

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Jérôme Philippe Petya Katsarska Alice Cabourdin

June 17, 2021

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France: infrastructure investment blocked for a mere change of incentives unrelated to a lessening of competition

On 12 May 2021, the French competition authority (FCA) prohibited a concentration for the second time in its history, relying on an...

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Chris Spiller Sarah Parkes

June 16, 2021

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Avoiding own goals in UK litigation: the need for gatekeepers to do their job

In the recent case of Dana UK Axle Ltd (Dana) v Freudenberg FST GmbH (FST) the court excluded expert evidence from a trial....

John Tolman

June 11, 2021

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HMRC v Tooth: HMRC lose a battle but win the war on their ability to issue discovery assessments

The UK Supreme Court’s recent decision in Tooth (a name which promises more than it delivers in terms of punning potential) is...

Miryam Farrelly Kevin Whibley

June 8, 2021

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Arbitration and bankruptcy/insolvency: what are the implications for claimants in arbitration when their respondents enter an insolvency process?

The financial loss and the uncertainty caused by the pandemic continues to affect business globally, and an increase in corporate...

Rohit Bhat

June 8, 2021

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Singapore’s highest court issues judgment on court interference in procedural rulings by investment treaty tribunals

The Singapore Court of Appeal delivered a judgment last month addressing circumstances in which the courts at the seat can interfere in...

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Eric Leikin Clemens Treichl

June 8, 2021

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Selecting presiding arbitrators: how parties can seek to agree on a mutually acceptable candidate

In today’s arbitral practice, major commercial disputes are typically resolved by tribunals consisting of three members. While each side...

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Matei Purice Tala Fahoum Benjamin Guest

June 2, 2021

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Maximising the impact of fact witnesses in global projects disputes

Construction disputes are typically fact intensive. While documents are generally the preferred source of evidence, in global...

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Priti Lancaster

June 1, 2021

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Insurance regulation: themes for the year ahead

For many insurers the UK’s exit from the European Union coupled with the ongoing economic uncertainty arising from the pandemic has...

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