Herbert Smith Freehills has secured a landmark judgment from the Hong Kong Court of Final Appeal, with significant practical implications for thousands of commercial contracts. In C v D [2023] HKCFA 16, the CFA confirmed that arbitrators, not the courts, should have the final say on whether a party has complied with an escalation clause – … Read more

James Doe, our Global Co-Head of Construction Disputes, recently spoke at the Energy & Infrastructure Construction Law Roundtable co-hosted with Aluko & Oyebode in Lagos, Nigeria. The event was held in a hybrid format, with over 100 virtual participants and 18 key stakeholders, industry leaders and legal and regulatory experts attending in person. The event featured … Read more

On 1 May 2023, the Saudi Centre for Commercial Arbitration (“SCCA“) announced the publication of its revised SCCA Arbitration Rules (the “new Rules“).  The new Rules apply to all arbitrations filed on or after 1 May 2023.  The new Rules replace the first edition of the Rules, which were published in 2016. In a recent … Read more

Bolstered by two experienced projects, energy and infrastructure partners joining the office from the firm’s global and regional network. Read more

Herbert Smith Freehills has promoted nine Disputes lawyers to its partnership out of a total of 32 worldwide. The promotions in the Disputes practice, which took effect on 1 May 2023, span across the firm’s international network. Of these new partners, two are construction and infrastructure disputes specialists, reflecting the strength and importance of the … Read more

The Building Safety Act 2022 (BSA 2022) has introduced Remediation Orders that can be made against landlords and Remediation Contribution Orders that can be made against landlords, developers and their associated companies in relation to certain defects in residential buildings that are at least 11 metres (or five storeys) tall. Read more

One of the many changes introduced by the Building Safety Act 2022 (BSA 2022) relevant to those in the construction industry is the change to limitation periods for claims under the Defective Premises Act 1972 (DPA 1972) and the Building Act 1984 (BA 1984). These changes come into force on 28 June 2022. If you … Read more