Knowledge & insigHTs
Guides
Published on an ad hoc basis, these guides are designed to answer questions and clarify issues affecting clients' businesses.
Guides
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Client Guide: Obtaining Information on BVI Companies
29/03/2023
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In general, the books and records of a BVI company are confidential. It is therefore important to know what information is available, and your information rights, when dealing with a BVI company. This guide explores the information available to directors, shareholders, liquidators and third parties in relation to BVI companies. Corporate Dispute Resolution Commercial Fraud and Insolvency BVI Asia Pacific -
The Dollar Value of Words Pack
20/02/2023
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This Dollar Value of Words Pack sets out an overview of the court's approach to contractual interpretation and an overview of how punctuation and the use of definitions can materially alter interpretation. Further, we discuss how terms could end up being implied into contracts and explore the future of contracts, and words specifically. Commodities Commercial London -
Client guide to the UK Critical Minerals Strategy
19/10/2022
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The UK government has released its first Critical Minerals Strategy. In this guide, we take a closer look at what critical minerals are and why they are important. We then turn to the UK Strategy and what it means for mining and commodities businesses in the UK and beyond. Commodities Mining -
Client Guide: Funding Disputes in the United Arab Emirates
19/08/2022
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Financing litigation and arbitration is a major consideration when deciding whether to bring an action or resist a claim. Dispute Resolution London Fraud and Insolvency Dubai Riyadh Abu Dhabi Kuwait Middle East -
Client Guide: Privilege
17/08/2022
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Under English law, legal professional privilege entitles a party to withhold evidence (electronic, written, or oral) and not disclose it to the other side, the court, or regulatory bodies (subject to certain exceptions). Dispute Resolution London -
Summary Dismissal - Summary Judgment and Strike Out
09/05/2022
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This Client Guide outlines the key points to bear in mind when considering summary dismissal of a claim (or part of a claim) by summary judgment or strike out in English litigation, whether you are facing an application or considering issuing one. Dispute Resolution London -
ESG Pack for Commodity Traders
01/02/2022
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In association with Essex Court Chambers and Sucafina, this HFW pack focuses on ESG for commodity traders. Specifically in relation to governmental regulations, sales and purchase contracts, trade finance and transport contracts. Commodities EU, Competition and Trade Regulatory Sustainability in Regulation SUSTAINABILITY HUB London Geneva -
Client Guide: The English Court Disclosure Pilot, what does it mean for Litigants?
03/12/2021
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This Client Guide outlines the mandatory English High Court Disclosure Pilot (Disclosure Pilot), which came in under Practice Directive 51U (PD 51U) from 1 January 2019 and applies to most actions in the Business and Property Courts. Dispute Resolution -
COA Pack
02/12/2020
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Welcome to the first edition of our "COA Pack". Surprisingly, notwithstanding their importance, a certain “legal mystery” surrounds Contracts of Affreightment (or "COAs" as they will be referred to in this Pack). Shipping Commodities Cyber Owl -
Client Guide: EU Conflict Minerals Regulation 2021
03/09/2020
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From 1 January 2021 EU importers of certain minerals and metals will have to comply with the EU Conflict Minerals Regulation (CMR). This guide introduces the CMR to actors in the commodities space and answers some frequently asked questions. Commodities EU, Competition and Trade Regulatory -
Client Guide: Litigation in Scotland. What you should know: 10 Key Features
23/07/2020
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Disputes arising in the course of trade are, for most, a commercial reality, and litigation remains an effective tool to enforce rights, recover damage, and resolve disputes. It is therefore important for companies operating in Scotland to understand the Scottish Court System and how litigation in Scotland differs from the rest of the UK. This Client Guide highlights ten important features of litigation in Scotland. Dispute Resolution Scotland -
Client Guide: Privilege in Internal Investigations
20/05/2020
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Privilege in internal investigations is an area that clients often have to grapple with and in which the consequences of getting it wrong can be severe. Privilege is also not something a client would necessarily immediately consider when conducting an internal investigation. This Client Guide sets out the position in English Law, and gives guidance on how best to protect privilege. Dispute Resolution London -
Floating Storage: Time and voyage charter drafting tips
01/05/2020
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In the table below we have tried to “issue spot” the key problems arising from floating storage (for time and voyage charters) and have included our own explanatory comments as well as the positions owners and charterers may tend to adopt. Shipping Oil and Gas -
Freezer Pack
13/06/2019
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It was in 1975 in Mareva Compania Naviera SA v International Bulkcarriers SA where HFW acted for the successful applicant in securing an injunction restraining the respondents from removing or disposing of any moneys out of the jurisdiction1. Commodities Dispute Resolution -
Client Guide: Freezing Injunctions
03/06/2019
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This Client Guide outlines the key points to consider when obtaining or receiving the English court “freezing injunction” (previously known as a Mareva injunction): a powerful tool for any party seeking to prevent assets being dissipated prior to enforcement of a judgment or arbitration award. Dispute Resolution -
Bunker Pack
31/01/2019
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As of 1 January 2020, the International Maritime Organisation will introduce the Global Sulphur Cap by way of amendment to Regulation 14 of MARPOL Annex VI. This will limit the sulphur content of ships' fuel oil from 3.5% m/m to 0.5% m/m. The lower cap of 0.1% m/m in Emission Control Areas, as introduced in 2015 will remain. In addition, as of 1 March 2020 vessels will be prohibited from carrying fuel with a sulphur content in excess of 0.5% m/m (except as cargo or where a scrubber is fitted). -
Turkey Pack
31/01/2019
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With a population of some 80 million, abundant natural resources, well placed ports and historically high rates of growth, Turkey is an attractive market full of opportunities -
Client Guide: Mediation
27/11/2018
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This Client Guide sets out what Mediation is and when and why to use it. Dispute Resolution -
Client guide: English Civil Litigation Procedure
26/11/2018
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In any legal dispute there will be situations where recourse to alternative forms of dispute resolution such as mediation are not appropriate for resolving the dispute and where the parties may prefer not to arbitrate their dispute. In these situations, it will be necessary and often preferable to commence legal proceedings in the English civil courts either in the High Court, or for smaller claims of £100,000 or less the County Court. Dispute Resolution -
Enforcement Pack
05/09/2018
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This Pack is the second edition of the enforcement series and has been produced as so often our clients go through expensive and time-consuming litigation only to be left stuck with an English Court judgment or arbitration award which they are unable to enforce. Commodities -
Legal Costs - A Clients Guide
31/08/2018
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Achieving the desired outcome for your disputes matter is what our lawyers do best. Achieving the best possible costs recovery, or minimizing the costs exposure, is where our Costs Team ensure we offer a complete service that sets us apart from many other disputes law firms. -
Client guide: sanctions
27/06/2018
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A key political weapon used by governments to exert pressure on a particular country or regime to encourage a change in behaviour or compliance with certain objectives. The main sanctions regimes exist in the EU, US and UK, often implementing measures imposed by the United Nations. International Trade Regulation -
Force Majeure Pack June 2018
22/06/2018
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The dedicated Force Majeure Pack will focus on English law and will cover, general principles of force majeure, recent case law, the relationship between force majeure and the doctrine of frustration, contemporaneous events and general guidance. Commodities London -
Client guide: Letters of Credit, the UCP600 and documentary requirements
21/03/2018
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Letters of credit (LCs) are one of the most common methods of payment for goods in international trade. Commodities -
Container shipping contracts - a fixed-fee contract review package
24/10/2017
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As many beneficial cargo owners (BCOs) start to turn their minds to preparing their tender packages for containerised sea freight services for 2018-2019, one of the key elements to consider is the inclusion of a template framework agreement, and more importantly whether it is still fit for purpose and more than just a ‘gentleman’s arrangement’1. Logistics Shipping Ports & Terminals -
Japan Pack: First Edition
23/10/2017
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This dedicated Japan Pack is designed to help our commercial partners successfully navigate the choppy waters caused by the UK's decision to exit the European Union. HFW will support you to avoid the pitfalls and make the most of the opportunities that Brexit presents. Commentary from HFW Partners, consultants and Japanese expert opinion will provide clarity around the legal and strategic implications for your business. Commodities Commodities Asia Pacific -
Privilege Pack
25/09/2017
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A guide for in-house practitioners (first edition) Commodities -
Client guide: funding disputes in England and Wales
22/06/2017
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We recognise that financing litigation and arbitration is a major consideration for clients when deciding whether to bring an action or resist a claim, no matter the size of the organisation, or merits of the claim. -
Client guide: enforcing arbitration awards
11/08/2016
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The ease of recognition and enforcement of arbitration awards, compared to court judgments in foreign courts is often seen as one of the key advantages to arbitration. Once a winning party has successfully obtained an arbitration award, if the unsuccessful party does not voluntarily comply with it, they will need to take steps to enforce it. Dispute Resolution -
Client guide: whether to choose arbitration or litigation?
11/08/2016
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Whether a sophisticated user of disputes mechanisms, or fairly new to the industry, one point to consider at an early stage of the contract negotiations, or latest before commencing proceedings is whether to litigate or arbitrate any dispute, which following the vote to leave the EU is a particularly relevant issue. This Client Guide highlights the points to consider in arriving at that decision. Dispute Resolution -
Client guide: enforcement
11/08/2016
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If you are going to spend time, money and resources pursuing or defending a court or arbitration claim, then you need to consider what you are going to get out of it in the long run. What can you do with an English court judgment or arbitration award at home or abroad? How can you trace and preserve assets to make sure you get paid? Dispute Resolution -
Cyber Pack
29/07/2016
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The Cyber Pack looks at how exposed the commodity and shipping industry is to cyber crime, the basic steps that can be taken to address risk issues and offers clients our HFW product suite of solutions and services (provided in conjunction with Protection Group International and Moore Stephens. Commodities Shipping -
A guide to setting up a business in the UAE – the legal requirements
22/06/2016
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The following is a brief introduction to the commercial and legal mechanisms available to foreign companies for investing in and carrying on business in the UAE. Middle East Dubai Corporate Finance Projects Commercial -
A guide to the Australian Securities Exchange (ASX) – General Admissions
18/04/2016
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Why list on the Australian Securities Exchange (ASX)? Asia Pacific Melbourne Sydney Perth Financial Institutions Finance -
A Guide to Investing in a Mining Project
01/10/2012
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An overview of four of Asia Pacific's key mining areas: Indonesia, Mongolia, Vietnam, and Western Australia Mining Corporate Finance Commercial Africa Asia Pacific Eastern Europe & Russia Indian Sub-continent Middle East Latin America Scandinavia USA & Canada Scotland London Shanghai Melbourne Perth Hong Kong -
A Guide to what to do after a Dawn Raid by the Competition Authorities
13/09/2012
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The European Commission and national competition authorities have significantly increased their competition law enforcement activities in recent years. EU, Competition and Trade Regulatory London Paris CyberOwl - London Brussels Geneva Piraeus -
A Guide to the Coastal Trading Reforms in Australia
01/09/2012
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The roll out of the Coastal Trading legislation, which came into effect on 1 July 2012 is now largely complete. However, questions regarding the applicable legislative framework governing the employment conditions and health and safety of seafarers are continuing to arise due to uncertainty regarding which legislation applies to particular types of voyages on licensed vessels carrying domestic cargoes. Shipping International Trade Regulation Employment, Immigration and Personal Injury Melbourne Sydney Perth Asia Pacific -
A Guide to EU Commission Fines
01/09/2012
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Revised guidelines (the Guidelines) on the method of setting fines imposed for competition infringements were published in 2006 by the European Commission (the Commission). The following guide provides an outline of why fines are imposed and how they are calculated. EU, Competition and Trade Regulatory Aerospace Construction Energy Insurance & Reinsurance Logistics Shipping Shipping Travel, Cruise & Leisure London Brussels -
A Guide to Raising Finance
01/05/2012
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Key UK based equity fund raising options for non-UK based resource companies Corporate Finance Commodities Energy Mining London Singapore - Sorry, your search returned no results
