Contract

NEW PODCAST AVAILABLE: GROUP STRUCTURES AND POTENTIAL LOSS OF LIMITED LIABILITY STATUS (THE ‘REAL SEAT’ PRINCIPLE)

In the latest update to our Brexit series on the Herbert Smith Freehills Podcast channel Sarah Hawes and Antonia Kirby from our London office are joined by Dr Christoph Nawroth from our Dusseldorf office to discuss the impact the loss of freedom of establishment … Continue reading

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Five months to Brexit: avoiding a “no deal” crisis

Paul Butcher and Tom Henderson have published an article in FERMA/AIRMIC’s joint Brexit Newsletter advising risk management professionals of some of the key matters that they will need to consider to prevent a Brexit-related “no deal” crisis. Given it remains … Continue reading

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Filed under Aviation, Capital markets, Competition, Construction, Consumer, Contract, Corporate, Data protection, Disputes, Employment, Energy, Environment, Financial services, Infrastructure, Insolvency, Intellectual property, Manufacturing, Mining, Pharma, Planning, Real estate, Risk & due diligence, State aid, Tax, TMT, Trade, Transport

EIGHT MONTHS TO BREXIT: IS YOUR BUSINESS PREPARED?

As the clock ticks down to 29 March 2019, the UK and the EU are stepping up their preparations for the possibility of a “no-deal” outcome. From a corporate governance and risk management perspective, businesses that have not done so … Continue reading

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Filed under ADR, Arbitration, Aviation, Banking & asset management, Capital markets, Competition, Construction, Consumer, Contract, Corporate, Data protection, Development, Disputes, Employment, Energy, Environment, Finance, Financial services, Infrastructure, Insolvency, Insurance, Intellectual property, Manufacturing, Mining, Pharma, Planning, Private wealth, Public international law, Real estate, Risk & due diligence, State aid, Tax, TMT, Trade, Transport, UK-EU negotiations

Brexit 9 months to go: Brexit Legal Guide

As business makes increasingly vocal calls for legal certainty we are pleased to launch this updated Brexit Legal Guide. The new online guide will be regularly updated as the legal impact of Brexit evolves. Forthcoming updates will include reaction to … Continue reading

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Filed under Aviation, Banking & asset management, Capital markets, Competition, Contract, Corporate, Data protection, Disputes, Employment, Energy, Financial services, Insurance, Intellectual property, Real estate, State aid, Tax, TMT, Trade

DISPUTE RESOLUTION CLAUSES: PUTTING YOURSELF IN THE BEST POSITION

The post below was first published on our Litigation blog All too often, dispute resolution clauses may be treated as part of the boilerplate: the usual wording thrown in, with perhaps little thought for the particular circumstances. But the question of how … Continue reading

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Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

The post below was first published on our Arbitration blog. On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of … Continue reading

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Filed under Arbitration, Contract, Disputes, Public international law, UK-EU negotiations

UK clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (22 August) the UK Government published a paper which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should continue to apply as between the UK and the … Continue reading

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Filed under Contract, Disputes, UK-EU negotiations

EU clarifies negotiating position on choice of law, jurisdiction and enforcement of judgments post-Brexit

Yesterday (29 June) the European Commission published its Position Paper on Judicial Cooperation in Civil and Commercial Matters which outlines its position on the extent to which current EU rules on choice of law, jurisdiction and enforcement of judgments should … Continue reading

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Article published – Choice of law and jurisdiction post-Brexit: business as usual so far?

The post below was first published on our Litigation blog Recent reports from Parliament have identified the problems and risks that could arise post-Brexit if the current rules on choice of law and jurisdiction no longer apply, and there are no acceptable replacements negotiated. But are … Continue reading

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ENGLISH LAW CONTRACTS POST-BREXIT: WHAT CHANGES SHOULD COMMERCIAL PARTIES EXPECT?

The post below was first published on our Litigation blog The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key attractions of English law will remain. Brexit … Continue reading

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