Knowledge & Insights

Strategic, regulatory and operational insight

As a truly sector-focused law firm, we pride ourselves on our deep industry expertise. Our legal insights shed light on the major trends and developments affecting clients across our core sectors, including the impact of changing legislation and rulings in key cases. Our publications are designed to answer questions, clarify complex legal issues and keep our clients informed.

Our Knowledge Management (KM) team comprises senior lawyers who are specialists across our industry and legal service groups, supported by dedicated KM paralegals. We offer clients easy access to legal and industry knowledge, and provide a range of services include training programmes, secondees, insights and legal technology solutions. We work with clients to provide support that is tailored to their business and their sector. 

Let's start the conversation: contact our KM team for more information km@hfw.com. 

KM: Meet the team.

CyberOwl Insights

• What cybersecurity issues are keeping shipping up at night? - CyberOwl
  01/07/2021
  Read more about What cybersecurity issues are keeping shipping up at night? - CyberOwl
  It’s just compliance, isn’t it? It’s easy to conclude that Fleet IT are mainly concerned about complying with IMO 2021 and ensuring vessels aren’t detained due to inadequate cyber risk management. But it turns out the concerns run deeper. Sector/service Joins: Cyber Owl 
• CMA CGM cyber attack: Are my team prepared? - CyberOwl
  01/07/2021
  Read more about CMA CGM cyber attack: Are my team prepared? - CyberOwl
  We have seen significant interest from fleet operators on the CMA CGM cyber attack. It has taken CMA CGM 2 weeks to get their customer-facing systems back online. Fleet operators are starting to ask themselves questions about their own organisation’s resilience to a similar cyber attack. Sector/service Joins: Cyber Owl 
• What if the CMA CGM cyber attack happened to us? - CyberOwl
  01/07/2021
  Read more about What if the CMA CGM cyber attack happened to us? - CyberOwl
  It has taken 2 weeks for CMA CGM to restore online customer systems following a cyber attack. Could your shipping company also be a victim? Your management team is going to want to know how vulnerable your systems are to similar risks and how ready you are to respond. Sector/service Joins: Cyber Owl 
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Briefings

• Scope of coverage for construction claims under professional indemnity policies
  22/09/2023
  Read more about Scope of coverage for construction claims under professional indemnity policies
  FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Ltd (No 2) [2023] FCA 582 Sector/service Joins: Insurance & Reinsurance  Construction  Australia 
• Changes to CPR Part 61 - I’ll show you mine… and I’ll tell you yours!
  20/09/2023
  Read more about Changes to CPR Part 61 - I’ll show you mine… and I’ll tell you yours!
  Why fix it if it’s not broken…? Sector/service Joins: Shipping  London 
• CBAM Implementation from 1 October 2023: The transition phase and beyond
  20/09/2023
  Read more about CBAM Implementation from 1 October 2023: The transition phase and beyond
  The Implementing Regulation for the European Union's Carbon Border Adjustment Mechanism (CBAM) was adopted by the European Commission on 17 August 2023. The transition phase begins on 1 October 2023. We explain what this means for importers into the EU of cement, iron, steel, aluminium, fertilisers, hydrogen and power. Sector/service Joins: Commodities  Energy  Corporate  Commercial  Working Worldwide 
• Switzerland introduces bill requiring legal entities to report their beneficial owners in a new non-public federal registry
  14/09/2023
  Read more about Switzerland introduces bill requiring legal entities to report their beneficial owners in a new non-public federal registry
  During its meeting on August 30 2023, the Swiss Federal Council initiated the consultation process for a bill aimed at strengthening the anti-money laundering framework in Switzerland. The Federal Council plans to submit the bill to Parliament in 2024. Sector/service Joins: Commodities  Shipping  Finance  Corporate  Commercial  Working Worldwide  Geneva 
• International Group Issues New Standard Form LOIs
  13/09/2023
  Read more about International Group Issues New Standard Form LOIs
  The International Group of P&I Clubs have issued new Standard Form LOIs which bring clarity to all users and further protections for all parties involved in a LOI chain.  Sector/service Joins: Shipping  Working Worldwide 
• "Paper but better" – will digital really be more reliable under the Electronic Trade Documents Act 2023?
  13/09/2023
  Read more about "Paper but better" – will digital really be more reliable under the Electronic Trade Documents Act 2023?
  The UK Electronic Trade Documents Act comes into force next week. Section 2 of the Act requires that in order for a document to achieve the "electronic trade document" (ETD) status which will allow it to be possessed, indorsed and transferred under English law, a reliable system must be used. Sector/service Joins: Commodities  Shipping  Digital Trade  Finance  EU, Competition and Trade Regulatory  International Trade Regulation 
• Bioenergy Series: An introduction to Biomass - Does renewable always mean sustainable?
  07/09/2023
  Read more about Bioenergy Series: An introduction to Biomass - Does renewable always mean sustainable?
  This is the first in a series on bioenergy and provides an introduction to biomass and in particular, some of the issues around its sustainable credentials. Sector/service Joins: Commodities  Energy  EU, Competition and Trade Regulatory  Working Worldwide  SUSTAINABILITY HUB  Sustainability in Energy Transition 
• ICO publishes draft guidance on biometric data
  05/09/2023
  Read more about ICO publishes draft guidance on biometric data
  On 18 August 2023, the UK’s Information Commissioner’s Office (ICO) published draft guidance on biometric data and opened a public consultation seeking responses to its draft guidance¹. Sector/service Joins: EU, Competition and Trade Regulatory  Data Protection  Shipping  Commodities  Aerospace  Insurance & Reinsurance  Energy  Projects  Construction  Commercial  International Trade Regulation  Corporate  Logistics  Ports & Terminals  Employment  Digital Trade  Cyber Security  London  Brussels  Paris  Piraeus 
• How Crypto Exchange Disputes Are Shaping The Future Of Consumer Arbitration Agreements
  01/09/2023
  Read more about How Crypto Exchange Disputes Are Shaping The Future Of Consumer Arbitration Agreements
  As cryptocurrencies and non-fungible tokens (NFTs) gain in popularity and adoption globally, it is inevitable that we will see a corresponding increase in disputes arising between consumers, and major exchanges facilitating the sale and purchase of cryptocurrencies and NFTs. Cryptocurrency and NFT exchanges (collectively, Exchanges) are largely unregulated in many jurisdictions. These Exchanges do not solely offer services to a limited group of sophisticated investors but make their services available to retail consumers (Consumers) from multiple global jurisdictions – often with very limited, or no, "Know Your Customer" due diligence. Sector/service Joins: Commodities  Dispute Resolution  Cyber Security 
• Does the Singapore carbon tax help facilitate demand for international carbon credits in Singapore?
  01/09/2023
  Read more about Does the Singapore carbon tax help facilitate demand for international carbon credits in Singapore?
  The forthcoming amendments to the carbon tax rate(s) set out in the Singapore Carbon Pricing Act 2018 create an arbitrage opportunity for Registered Persons.¹ Specifically, Registered Persons will be able to procure and surrender eligible ‘international carbon credits’ at a lower price than the carbon tax rate for an emissions year and if the price of the ICCs in the then-spot market is significantly higher than the carbon tax rate, sell those ICCs and use the proceeds to pay the carbon tax instead. Sector/service Joins: Commodities  Finance  Commercial  SUSTAINABILITY HUB  Sustainability in Energy Transition  Sustainability in Finance  Sustainability in Regulation  Singapore  Asia Pacific 
• Insurers - Do you know what you know?
  30/08/2023
  Read more about Insurers - Do you know what you know?
  The Commercial Court has delivered a noteworthy decision which deals with, among other things, whether "knowledge" held by a claims team can also be said to be in the "knowledge" of the relevant underwriters. The judgment considered this in the context of policy construction and potential rectification of the definition of "Insured" in a policy wording, and the case provides a useful discussion of estoppel by convention. The decision is also of interest in the context of the duty of fair presentation under the Insurance Act 2015. Sector/service Joins: Insurance & Reinsurance  London 
• Harmful Design in Digital Markets
  24/08/2023
  Read more about Harmful Design in Digital Markets
  On 9 August 2023, the UK’s Information Commissioner’s Office (ICO) and the Competition and Markets Authority (CMA) published a joint position paper¹ discussing harmful design in digital markets. The paper, which was accompanied by a joint blog² post between the ICO and CMA, explores how “Online Choice Architecture” (OCA) practices can undermine consumer choice and control over personal information. Sector/service Joins: EU, Competition and Trade Regulatory  Data Protection  Shipping  Commodities  Aerospace  Insurance & Reinsurance  Energy  Projects  Construction  Commercial  International Trade Regulation  Corporate  Logistics  Ports & Terminals  Employment  Digital Trade  Cyber Security  London  Brussels  Paris  Piraeus 
• The Register of Overseas Entities - Your Questions Answered Update
  22/08/2023
  Read more about The Register of Overseas Entities - Your Questions Answered Update
  The Register of Overseas Entities (ROE) has been up and running for just over a year from 1 August 2022. The transition period during which any overseas entity owning a qualifying estate had to be registered by ended on 31 January 2023. Sector/service Joins: Corporate  Finance 
• Remote Driving – the Future becoming Reality?
  15/08/2023
  Read more about Remote Driving – the Future becoming Reality?
  In February 2023, the Law Commission set out its advice to the UK Government on remote driving (the "Report"). The Report considers the current law surrounding situations where a person outside of a vehicle uses wireless connectivity to control a vehicle on a public road (or "remote driving" for the purposes of this briefing). Sector/service Joins: Logistics  Energy  London 
• What are the right decisions in the Energy Transition? Navigating key policy challenges.
  14/08/2023
  Read more about What are the right decisions in the Energy Transition? Navigating key policy challenges.
  The transition to clean, sustainable sources of energy is well underway but ever evolving. In the race to decarbonise businesses will face choices that have no clear “right” answer or that result in an ethical weighing up. Sector/service Joins: Energy  Corporate  Commercial  Australia  SUSTAINABILITY HUB  Sustainability in Energy Transition 
• A warning to non-UK B2C businesses: UK Commercial Court refuses to enforce foreign arbitration award on public policy grounds
  10/08/2023
  Read more about A warning to non-UK B2C businesses: UK Commercial Court refuses to enforce foreign arbitration award on public policy grounds
  The UK Commercial Court has declined to enforce a foreign arbitration award on public policy grounds, ruling that the underlying contract is subject to UK Consumer legislation, despite its terms providing foreign law and arbitration. This decision is highly relevant to any non-UK business providing business-to-consumer services via online platforms. Sector/service Joins: Dispute Resolution  Corporate  Commercial  Hong Kong  London 
• BVI Court procedure- a revised edition of the CPR comes into force
  10/08/2023
  Read more about BVI Court procedure- a revised edition of the CPR comes into force
  The 2023 revision to the Eastern Caribbean Supreme Court Civil Procedure Rules came into force on 31 July 2023. In this article we discuss the significance of the amendments and their impact upon BVI court procedure. Sector/service Joins: Dispute Resolution  Fraud and Insolvency  BVI 
• European Commission adopts EU-US data privacy framework
  08/08/2023
  Read more about European Commission adopts EU-US data privacy framework
  On 10th July 2023, an agreement between the European Commission (the “Commission”) and the United States was completed to facilitate transfers of personal data from the European Economic Area (EEA) to the United States of America (US). The agreement, known as the EU-US Data Privacy Framework¹ (the “Framework”), follows a backdrop of uncertainty between the two jurisdictions which had arisen due to privacy concerns from an EU law perspective over the use and storage of personal data in the US. Sector/service Joins: EU, Competition and Trade Regulatory  Shipping  Commodities  Aerospace  Insurance & Reinsurance  Energy  Construction  Projects  Commercial  International Trade Regulation  Corporate  Logistics  Ports & Terminals  Employment  Digital Trade  Cyber Security  London  Houston  Brussels  Paris  USA & Canada 
• STASCO GTCS 2023 – General tidy up or significant redraft?
  03/08/2023
  Read more about STASCO GTCS 2023 – General tidy up or significant redraft?
  Shell International Trading and Shipping Company Limited ("STASCO") has recently released its new General Terms & Conditions for Sales and Purchases of Products and Crude Oil 2023 (the "2023 GTCs"). In this Client Alert Damian Honey and Joshua Prest summarise the key updates and amendments from STASCO's 2010 GTCs. Sector/service Joins: Commodities  London 
• The UK Supreme Court’s decision on the Quincecare duty is good news for banks, but they may not be completely in the clear just yet
  03/08/2023
  Read more about The UK Supreme Court’s decision on the Quincecare duty is good news for banks, but they may not be completely in the clear just yet
  In this article we provide a review and analysis of the recent UK Supreme Court decision¹ in Philipp v Barclays Bank, which has upheld the appeal by Barclays Bank (the Bank) and overturned the Court of Appeal’s judgment, finding that the Quincecare duty did not apply to individuals who are victims of authorised push payment (APP) fraud. Sector/service Joins: Dispute Resolution  Fraud and Insolvency  Finance  Financial Institutions  London  Commodities  Financial Services Regulation  Commercial 
• Landmark WELCAR decision: A matter of Principal
  01/08/2023
  Read more about Landmark WELCAR decision: A matter of Principal
  The Court has handed down judgment in Technip Saudi Arabia Limited v The Mediterranean and Gulf Cooperative Insurance and Reinsurance Company (Medgulf). This is the first court decision on the construction of the Damage to Existing Property Endorsement within the WELCAR standard form policy which will be of significant interest to the energy insurance market and no doubt will spark debate and discussion. Sector/service Joins: Insurance & Reinsurance  London  Middle East 
• UK sanctions against Russia provision of legal services to non-UK persons an activity focused prohibition
  28/07/2023
  Read more about UK sanctions against Russia provision of legal services to non-UK persons an activity focused prohibition
  The newly introduced UK sanctions against the provision of legal advisory services are surprisingly very different from the existing EU ban on legal services. Our Sanctions team examines the differences and their significance in this briefing. Sector/service Joins: Commodities  Shipping  EU, Competition and Trade Regulatory  Working Worldwide 
• Key Features of the UK's Electronic Trade Documents Act
  26/07/2023
  Read more about Key Features of the UK's Electronic Trade Documents Act
  We provide an initial overview of the UK's new Electronic Trade Documents Act, how the Act functions and the potential implications for international trade. Sector/service Joins: Shipping  Logistics  International Trade Regulation  Digital Trade  London  Singapore 
• Proposition de directive sur le devoir de vigilance: Avis de tempête pour les assureurs?
  26/07/2023
  Read more about Proposition de directive sur le devoir de vigilance: Avis de tempête pour les assureurs?
  Le 1er juin 2023, le Parlement a voté la proposition de directive de la Commission européenne sur le devoir de vigilance des entreprises en matière de durabilité. Sector/service Joins: Insurance & Reinsurance  Paris 
• Biggest Shake Up in Corporate Criminal law in 100 years is on the cards
  25/07/2023
  Read more about Biggest Shake Up in Corporate Criminal law in 100 years is on the cards
  As the Economic Crime and Corporate Transparency Bill (“the Bill”) reaches the final stages of its journey through the UK Parliament, we consider what may be the biggest shake-up to corporate criminal law in 100 years. Sector/service Joins: Corporate  London  Finance  Financial Institutions  Mining  Financial Services Regulation  Commercial  Employment  Fraud and Insolvency  Oil and Gas  Digital Trade  Cyber Security  Global Investigations and White Collar Defence 
• Fit for 55 and its impact on the current industry standard EU carbon trading documentation
  21/07/2023
  Read more about Fit for 55 and its impact on the current industry standard EU carbon trading documentation
  The changes introduced by the EU’s ‘Fit for 55’ package will impact the industry standard EU allowances (EUAs) trading documentation. The legislative changes are significant and are likely to invite the question of whether an overhaul to of the current trading documentation is justified in light of that.  Sector/service Joins: Energy  Singapore 
• Mass Update Part 2 - Autonomous shipping: A Reality
  17/07/2023
  Read more about Mass Update Part 2 - Autonomous shipping: A Reality
  Welcome to our latest market round-up of some of the latest and more interesting stories that have caught our eye in the fast-moving world of MASS and autonomous shipping. Sector/service Joins: Shipping  Cyber Owl  London 
• Raise the Roof! Court considers policy coverage for the cost of remediating Sky's roof
  17/07/2023
  Read more about Raise the Roof! Court considers policy coverage for the cost of remediating Sky's roof
  The Court recently handed down judgment in Sky UK Ltd v Riverstone Managing Agency Ltd and others. The judgment considers a number of key issues under a Construction All Risks (CAR) policy including: the policy period; the meaning of damage; and aggregation. Sector/service Joins: Insurance & Reinsurance  London 
• Mass Update Part 1 - Regulations: Catching up with technology
  12/07/2023
  Read more about Mass Update Part 1 - Regulations: Catching up with technology
  With Maritime Autonomous Surface Ships’ (MASS)-related developments being announced on an almost weekly basis, autonomous vessels cannot now be overlooked. New collaborations, projects and products are being launched at an increasing pace. The race for regulators to, firstly, keep up with the technology involved and, secondly, cautiously consider the introduction of new or amended legal instruments that will integrate that technology, becomes even more challenging. Sector/service Joins: Shipping  Cyber Owl 
• European Commission adopts updated Block Exemption Regulations and Guidelines on agreements between competitors
  12/07/2023
  Read more about European Commission adopts updated Block Exemption Regulations and Guidelines on agreements between competitors
  On 1 June 2023 the European Commission (the “Commission”) adopted its revised Horizontal Block Exemption Regulations comprising the Research and Development Agreements (“R&D”) Block Exemption Regulation and Specialisation Agreements Block Exemption Regulation and updated Horizontal Guidelines on co-operation agreements between competitors (Guidelines) including a new chapter on sustainability agreements and an updated chapter on information exchange agreements with a focus on algorithms and conduct of meetings. Sector/service Joins: Commodities  Aerospace  Shipping  Insurance & Reinsurance  Construction  Energy  EU, Competition and Trade Regulatory  Projects  Commercial  Logistics  SUSTAINABILITY HUB  Sustainability in Regulation  Working Worldwide  London  Brussels 
• 3-Month Limit on Non-compete Clauses to Boost the Economy
  27/06/2023
  Read more about 3-Month Limit on Non-compete Clauses to Boost the Economy
  As part of recent proposals to introduce "Smarter regulation to grow the economy", the UK Government may introduce a three-month cap on non-compete clauses in employment contracts. This revolutionary measure could impact an estimated five million workers currently bound by these clauses. This article offers an insightful exploration into the current types of post-termination restrictions and the potential effects of this pioneering change on the job market, recruitment challenges, and competition. Sector/service Joins: Employment  London 
• Family Friendly Workplaces – What Employers Need To Know About Three New Employment Rights
  27/06/2023
  Read more about Family Friendly Workplaces – What Employers Need To Know About Three New Employment Rights
  With the Royal Assent of three new bills, UK workplaces are becoming more family-friendly. These enhancements to parental and carer rights—The Protection from Redundancy (Pregnancy and Family Leave) Act 2023, The Neonatal Care (Leave and Pay) Act 2023, and the Carer's Leave Act 2023—significantly boost protections for those balancing career and family obligations. In this article, we dissect these new laws and discuss the crucial information employers need to understand and implement to ensure compliance and support a more inclusive work environment. Sector/service Joins: Employment  London 
• Implications for employers of the seafarers wages act 2023
  27/06/2023
  Read more about Implications for employers of the seafarers wages act 2023
  In this article, we explore the comprehensive implications of the Seafarers Wages Act 2023 for employers with vessels frequently visiting UK ports. We examine the government's drive to ensure wage parity, detailing the reach and exclusions of the Act, potential enforcement difficulties, and consequences of non-compliance. As the maritime legislative landscape continues to evolve, operators must stay informed of upcoming changes, including the prospect of pan-European seafarers’ minimum wages. This article offers an essential guide to navigate this complex and shifting legal framework. Sector/service Joins: Shipping  Employment  London 
• COVID-19: Much anticipated judgment on “disease at the premises” policy wordings handed down
  21/06/2023
  Read more about COVID-19: Much anticipated judgment on “disease at the premises” policy wordings handed down
  Mr Justice Jacobs has handed down his decision in Excel and five other cases, holding that insurance policies providing cover where disease occurs "at the premises", are capable of being triggered by the COVID-19 pandemic. The Judge rejected insurers' arguments that these sorts of localised covers should be distinguished from the radius policies which were considered by the Supreme Court in the FCA Test case. It was held that the same approach to concurrent causation that the Supreme Court set out in that case, would also apply to these policies. Sector/service Joins: Insurance & Reinsurance  London 
• Swiss Due Diligence And Reporting Obligations In Relation To Minerals And Metals From Conflict-Affected Areas And Child Labour
  15/06/2023
  Read more about Swiss Due Diligence And Reporting Obligations In Relation To Minerals And Metals From Conflict-Affected Areas And Child Labour
  The impact of new Swiss due diligence and reporting obligations in relation to minerals and metals from conflict-affected areas and child labour is now starting to bite. Sector/service Joins: Commodities 
• The Impact of Sanctions on Obligations Under Standby Letters of Credit
  13/06/2023
  Read more about The Impact of Sanctions on Obligations Under Standby Letters of Credit
  The English High Court has provided important clarity on the impact of Russian sanctions regimes on payment obligations under standby letters of credit. Sector/service Joins: Commodities 
• A New Decision on Hedging - The Impact of Internal Hedging on Damages
  08/06/2023
  Read more about A New Decision on Hedging - The Impact of Internal Hedging on Damages
  A recent decision of the Commercial Court identified as crucial the distinction between internal and external hedging in assessing whether sale contract hedges should be taken into account when determining damages. Sector/service Joins: Commodities 
• HFW successfully secures recognition and enforcement of London arbitration awards in KSA
  07/06/2023
  Read more about HFW successfully secures recognition and enforcement of London arbitration awards in KSA
  HFW have recently successfully enforced two further arbitration awards in the Kingdom of Saudi Arabia, again highlighting the Kingdom's reputation as an arbitration-friendly jurisdiction. Sector/service Joins: Shipping  Dispute Resolution  Dubai  Middle East 
• Delivery and Redelivery Notices - Simple, Right?
  07/06/2023
  Read more about Delivery and Redelivery Notices - Simple, Right?
  Most charterparties will require the owners on delivery, and the charterers on redelivery, to provide notices of the intended date of delivery/redelivery. The commercial purpose of such notices is clear – to give the parties time to plan ahead when the actual start and end dates of a charter are not fixed. Sector/service Joins: Shipping  Commodities  Dispute Resolution 
• Sunset clause of retained EU law bill is ditched but government pushes ahead with employment law changes
  06/06/2023
  Read more about Sunset clause of retained EU law bill is ditched but government pushes ahead with employment law changes
  Post-Brexit changes to UK employment law are on the horizon. While the controversial prospect of mass revocation of EU-derived law has been avoided, the Government's Retained EU Law (Revocation and Reform) Bill is set to reshape key aspects of employment regulation. Amid these changes, we will see modifications to holiday entitlement, a resurgence of 'rolled-up' holiday pay, alterations to weekly working hours record-keeping requirements, and amendments to the TUPE information and consultation process for smaller businesses all aimed at reducing regulatory burdens on employers. In this article, we'll dive into the intricacies of the proposed changes and what they mean for the future of UK employment law. Sector/service Joins: Employment  London 
• Duties Owed By Directors Of BVI Companies In Liquidation
  01/06/2023
  Read more about Duties Owed By Directors Of BVI Companies In Liquidation
  In Greig William Alexander Mitchell & Ors v Sheikh Mohamed Bin Issa Al Jaber & Ors¹ the English High Court considered whether the duties owed by directors of BVI companies persist after the company is placed in liquidation. This is the first reported decision on this question of BVI law and provides useful guidance to directors, shareholders and liquidators. Sector/service Joins: Commodities  Corporate  Dispute Resolution  Commercial  Fraud and Insolvency  BVI  Hong Kong  Asia Pacific 
• Middle East: Use it or lose it! – The importance of contract administration as a risk management tool in construction contracts
  01/06/2023
  Read more about Middle East: Use it or lose it! – The importance of contract administration as a risk management tool in construction contracts
  It is common for construction clients to inform their legal team that notices were not issued or contractual procedures were not complied with deliberately, in order to avoid triggering any conflict or acrimony with the other party or to avoid misinterpretation by the other party. But does it pay to be nice? Sector/service Joins: Construction  Dispute Resolution  Projects  Abu Dhabi  Middle East 
• Middle East: Incorporating BIM into construction contracts
  01/06/2023
  Read more about Middle East: Incorporating BIM into construction contracts
  A review of construction news publications over the last couple of years leaves no doubt as to the rapid and widespread adoption of BIM on projects in the Middle East. What do parties need to consider when incorporating BIM obligations into their construction contracts? Sector/service Joins: Construction  Projects  Abu Dhabi 
• The Back to Back Presumption in Proportional Reinsurance - the US 2nd Circuit Goes Awry
  31/05/2023
  Read more about The Back to Back Presumption in Proportional Reinsurance - the US 2nd Circuit Goes Awry
  How far does the presumption a proportional reinsurance is back to back with the underlying go, when such presumption is inconsistent with the terms of the reinsurance? Specifically, can the clear meaning of the fundamental reinsuring clause be changed by reference to the foreign law of the underlying, even where that law did not exist or has changed since the reinsurance contract was concluded. This question, presently unanswered by the English Courts, has now been addressed by the United States Court of Appeals for the 2nd Circuit. In this briefing we discuss the judgment and how the decision has gone awry. Sector/service Joins: Insurance & Reinsurance  USA & Canada  London  Houston 
• The Formal Inclusion Of Maritime Transport In The EU ETS: Key Features And Implications
  26/05/2023
  Read more about The Formal Inclusion Of Maritime Transport In The EU ETS: Key Features And Implications
  It’s official: after protracted negotiations, the inclusion of maritime transport in the EU Emissions Trading System (ETS) now forms part of EU law. Sector/service Joins: Shipping  Commodities  EU, Competition and Trade Regulatory  Dispute Resolution  Finance  Financial Institutions  Financial Services Regulation  Logistics  Commercial  International Trade Regulation  London  SUSTAINABILITY HUB  Sustainability in transport  Sustainability in Regulation  Sustainability in Finance 
• Statut et régime des plateformes d'intermédiation numérique dans le secteur du transport public routier: ce qui change au 1er juin 2023
  25/05/2023
  Read more about Statut et régime des plateformes d'intermédiation numérique dans le secteur du transport public routier: ce qui change au 1er juin 2023
  Au regard du dynamisme du secteur des services de mise en relation entre des clients sollicitant un service de transport et des entreprises réalisant du transport public routier de marchandises, le Gouvernement a instauré un cadre règlementaire afin de régir ces acteurs et leurs activités, en publiant le 22 avril 2021, l'ordonnance n°2021-487 du 21 avril 2021 relative à l'exercice des activités des plateformes d'intermédiation numérique dans divers secteurs du transport public routier. Sector/service Joins: Logistics  Paris 
• The ISDA EU ETS Annex and its use with Article 25 linked ETS systems
  25/05/2023
  Read more about The ISDA EU ETS Annex and its use with Article 25 linked ETS systems
  The International Swaps and Derivatives Association ("ISDA") has amended its template form of Part 7 to the ISDA Master Agreement Schedule, relating to EU emissions allowance transactions for Phase 4 delivery (the "ISDA Part 7") in 2021, to take into account the EU Emissions Trading Systems ("EU ETS") linkages with other non-member state emission trading systems via Article 25 of the EU ETS Directive ("Linking Agreements"). Although there is potential for a future Linking Agreement between the EU and the United Kingdom, at present, the only Linking Agreement in force is the agreement between the emissions trading systems of Switzerland ("Swiss ETS") and the EU ETS (the "Swiss-EU Linking Agreement") which came into force on 1 January 2020. Sector/service Joins: Commodities  SUSTAINABILITY HUB 
• Comprehensively Yachts - HFW Yachting Industry Briefing, May 2023
  24/05/2023
  Read more about Comprehensively Yachts - HFW Yachting Industry Briefing, May 2023
  As we enter another Mediterranean yacht season, with yachts and crews engaging in last minute tweaks before owners and guests start their first cruises of the year, we are pleased to bring you a bumper edition of Comprehensively Yachts. Sector/service Joins: Shipping 
• DIFC Courts provide guidance on fly-in, fly-out employees
  22/05/2023
  Read more about DIFC Courts provide guidance on fly-in, fly-out employees
  The DIFC Courts have provided useful guidance on employees who are not ordinarily based in the DIFC, but are resident there. The Courts have held that they may not be entitled to protections under the DIFC Employment Law, including penalty clauses. Sector/service Joins: Employment  Dubai  Abu Dhabi  Middle East 
• Ship Recycling Back in the Spotlight
  22/05/2023
  Read more about Ship Recycling Back in the Spotlight
  The commitment made by Bangladesh, a leading ship recycling nation, to ratify the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships 2009 (the HKC) in the coming weeks is a seminal moment for the HKC. Sector/service Joins: Shipping  International Trade Regulation  Finance  Commercial  Working Worldwide 
• Tipping the scales in favour of hospitality sector employees
  18/05/2023
  Read more about Tipping the scales in favour of hospitality sector employees
  In the wake of Covid-19 and Brexit, the hospitality sector is navigating numerous challenges. Key among them is fair remuneration for staff, particularly in the arena of tips and service charges. Enter the "Tipping Act", groundbreaking legislation set to revolutionize pay practices from 2024. For employers, the stakes are high: hefty penalties, reputational risk, and potential legal disputes. In this article, HFW Employment Partner Michelle Chance dissects the Act, its implications, and the preparation needed for compliance. Sector/service Joins: Employment  London 
• Revision to the SCCA Arbitration Rules
  16/05/2023
  Read more about Revision to the SCCA Arbitration Rules
  On 1 May 2023, the SCCA updated its arbitration rules. We discuss the key changes in this article.  Sector/service Joins: Dispute Resolution  Middle East  Dubai  Riyadh  Abu Dhabi  Kuwait 
• Case Note - Roberts v Goodwin Street Developments Pty Ltd 2023 NSWCA 5
  15/05/2023
  Read more about Case Note - Roberts v Goodwin Street Developments Pty Ltd 2023 NSWCA 5
  A recent NSW Court of Appeal decision held that the retrospective statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) (the 'DBPA') extends beyond class 2 residential buildings, to all buildings as defined in the Environment Planning and Assessment Act 1979 (NSW) (the 'EPAA'). This significantly broadens the application of the DBPA. Construction companies should ensure that their insurance is adequate to cover their potential exposure. Sector/service Joins: Insurance & Reinsurance  Sydney 
• New rules in Dubai to fight hidden sea container charges
  09/05/2023
  Read more about New rules in Dubai to fight hidden sea container charges
  The new Dubai Maritime Authority and its Directive No.1 of 2023 on Transparency of Local Sea Container Charges. Sector/service Joins: Middle East  Dubai  Shipping  Insurance & Reinsurance  Ports & Terminals  Commercial  Logistics 
• Emiratisation, Contributions and Incentives​
  09/05/2023
  Read more about Emiratisation, Contributions and Incentives​
  The Ministerial Decision No. 279/2022 issued in June 2022 represented a major development in the UAE Emiratisation initiative. In this article, Tania De Swart and Adela Motyckova consider the new Emiratisation requirements introduced and their impact as seen in the first quarter of 2023. Sector/service Joins: Shipping  Employment  Abu Dhabi  Dubai  Middle East 
• CMA Publishes Draft Guidance on Environmental Sustainability Agreements and Competition Law
  09/05/2023
  Read more about CMA Publishes Draft Guidance on Environmental Sustainability Agreements and Competition Law
  The UK’s Competition and Markets Authority (CMA) has published its long-awaited draft Guidance on the application of the Chapter 1 prohibition of anti-competitive agreements in the Competition Act 1998 to environmental sustainability agreements¹. The draft Guidance, when finalised, is intended to provide more certainty surrounding antitrust risk for businesses entering into agreements with positive environmental objectives. Sector/service Joins: London  Brussels  Singapore  EU, Competition and Trade Regulatory  Shipping  Commodities  Aerospace  Insurance & Reinsurance  Logistics  Projects  Construction  Energy  Commercial  SUSTAINABILITY HUB 
• Closing the gender pay gap - Recent legislative changes in Australia
  02/05/2023
  Read more about Closing the gender pay gap - Recent legislative changes in Australia
  The Australian federal parliament recently passed the Workplace Gender Equality Amendments (Closing the Gender Pay Gap) Bill 2023 which aims to accelerate our journey towards gender equality and pay equity in Australia. Sector/service Joins: Employment  Australia 
• Arbitrating DAO Disputes - A Delectable Can Of Worms?
  27/04/2023
  Read more about Arbitrating DAO Disputes - A Delectable Can Of Worms?
  This article examines some of the relatively novel issues which may arise, when arbitrating (in the traditional sense, rather than on-chain) disputes relating to a Decentralised Autonomous Organisation (DAO). Sector/service Joins: Commodities  Energy  Dispute Resolution  Commercial  Digital Trade  Singapore  Asia Pacific  USA & Canada 
• Toxic Workplace Cultures - Prevention is better than cure
  27/04/2023
  Read more about Toxic Workplace Cultures - Prevention is better than cure
  Discover how to prevent and combat toxic workplace cultures in Michelle Chance's latest article. Dive into practical steps for dealing with bullying, harassment, and discrimination - from top-down approaches to updated policies, training, and support systems - while learning how to create a positive, safe work environment. Don't let your workplace suffer; act now to foster a respectful and inclusive atmosphere for all employees. Sector/service Joins: Employment  London 
• Insurable interest in 'Double Sold' commodities: a grain of truth?
  27/04/2023
  Read more about Insurable interest in 'Double Sold' commodities: a grain of truth?
  The Court of Appeal considered the issue of insurable interest in its recent judgment in Quadra Commodities SA v XL Insurance Company SE. In this briefing we discuss the judgment and its implications for insurers and insureds. Sector/service Joins: Insurance & Reinsurance  London 
• Seaworthiness and (un)safe ports in London Arbitration
  13/04/2023
  Read more about Seaworthiness and (un)safe ports in London Arbitration
  In London Arbitration 2/23 (2023) 1129 LMLN 2, an arbitral tribunal determined that a pilot’s one-off error which caused the grounding of the vessel (negligent navigation) did not render a port unsafe. The tribunal also found the Vessel to be unseaworthy due to a defective passage plan that could not have considered the most detailed and appropriate paper chart for the disport, although this was not found to be causative of the grounding. Sector/service Joins: Shipping  London  Dispute Resolution  Commercial 
• Suspected sanctions breaches: A focus on SECO
  12/04/2023
  Read more about Suspected sanctions breaches: A focus on SECO
  Switzerland’s sanctions authority is the latest regulator to indicate its growing appetite for enforcement. We flag recent developments and offer some tips if you receive contact from a regulator in connection with suspected sanctions violations. Sector/service Joins: Commodities  London  Geneva  USA & Canada 
• Court of Appeal Update - BCC V Thera Agri
  30/03/2023
  Read more about Court of Appeal Update - BCC V Thera Agri
  The New South Wales Court of Appeal recently dismissed an appeal brought by Insurers in a trade credit insurance dispute. This represents another example of a common law court ruling in favour of policyholders following the non-payment by Phoenix, a global commodities trader which collapsed in 2020. The judgment provides useful guidance on how instances of alleged fraud may be interpreted in trade credit insurance policies. Sector/service Joins: Insurance & Reinsurance  Commodities  Dispute Resolution  Fraud and Insolvency  Dubai  Geneva  Australia 
• Hong Kong: Fraudulent Bank Transactions - Hong Kong Court Of Final Appeal Examines Customer Remedies And Bankers' Duty Of Care
  29/03/2023
  Read more about Hong Kong: Fraudulent Bank Transactions - Hong Kong Court Of Final Appeal Examines Customer Remedies And Bankers' Duty Of Care
  The Hong Kong Court of Final Appeal has handed down the appeal judgment in PT Asuransi Tugu Pratama Indonesia Tbk, a decision of significant interest to banks, financial institutions and their customers, which discusses the remedies available under Hong Kong law when unauthorised payments are discovered, including the nature and scope of bankers' duty of care, the availability of a claim for repayment of a debt, and limitation. Sector/service Joins: Dispute Resolution  Hong Kong  Financial Institutions  Commercial 
• Levee de doute sur la representation multiple de l'assureur au proces civil (ART. 414 CPC) !
  24/03/2023
  Read more about Levee de doute sur la representation multiple de l'assureur au proces civil (ART. 414 CPC) !
  Saisie à l'initiative du Tribunal judiciaire de Pontoise dans le cadre d'un litige de construction, la Cour de cassation estime, dans son avis du 9 mars 2023, qu'une compagnie d'assurance partie à un litige à raison de plusieurs contrats couvrant plusieurs assurés peut être représentée par autant d'avocats que d'assurés impliqués dans le litige, sans que cela soit contraire à l'article 414 du Code de procédure civile ("CPC"). Sector/service Joins: Insurance & Reinsurance  Paris 
• Autonomous vessels: the momentum is building
  22/03/2023
  Read more about Autonomous vessels: the momentum is building
  In this briefing we look to capture a vast array of updates within the Maritime Autonomous Surface Ships (MASS) arena from the past few months. While only a short amount of time has passed since our last briefing in November 2022, multiple notable developments have taken place, highlighting this sector's potential and the increasing need for regulation. Competition is expected to rise and new collaborations to be established. Sustainability as well as cyber-security considerations remain at the forefront. Sector/service Joins: Shipping  Cyber Security  London  Cyber Owl 
• Bunker supply contracts – key considerations for the buyer
  22/03/2023
  Read more about Bunker supply contracts – key considerations for the buyer
  Bunker sales are generally offered on terms prepared by the sellers and should there be a problem with the quality or quantity of the bunkers supplied, the rights of the buyers may well be restricted by the sale contract terms. Rory Butler and Louise Lazarou update their previous article to point out ways buyers can protect themselves. Sector/service Joins: Shipping 
• The arbitrability of Web3 disputes: An effective court of First World problems?
  16/03/2023
  Read more about The arbitrability of Web3 disputes: An effective court of First World problems?
  This article explores the arbitrability of blockchain, cryptocurrency, NFT and metaverse disputes and considers the issue of what arbitration and its supporting ecosystem must do, in order to remain an effective forum for the resolution of such disputes. Sector/service Joins: Commodities  Digital Trade  Cyber Security  Dispute Resolution  Working Worldwide  Singapore  Asia Pacific 
• Premiere decision du tribunal judiciaire de paris sur le devoir de vigilance des societes meres : quels enseignements pour les assureurs ? Synthese au 28 fevrier 2023
  15/03/2023
  Read more about Premiere decision du tribunal judiciaire de paris sur le devoir de vigilance des societes meres : quels enseignements pour les assureurs ? Synthese au 28 fevrier 2023
  Le 28 février 2023, le Tribunal judiciaire de Paris a rendu la première décision en application des articles L.225-102-4 et suivants du Code du Commerce relatifs au devoir de vigilance des sociétés-mères. Sector/service Joins: Insurance & Reinsurance  Paris 
• Price Cap: Russian Petroleum Products
  01/03/2023
  Read more about Price Cap: Russian Petroleum Products
  As of 5 February 2023 additional price caps have been adopted for Russian refined petroleum products. The new price caps expand UK, EU and US restrictions on the transport of seaborne Russian refined petroleum products to third countries, as well as the provision of finance, brokerage, shipping, or insurance services for such transport. Sector/service Joins: Shipping  Insurance & Reinsurance  EU, Competition and Trade Regulatory  International Trade Regulation  London  Geneva  Eastern Europe & Russia  Piraeus  USA & Canada 
• Middle East - Court of Appeal decides Covid BI claim cannot be heard in England
  28/02/2023
  Read more about Middle East - Court of Appeal decides Covid BI claim cannot be heard in England
  In Al Mana Lifestyle Trading LLC & Ors v United Fidelity Insurance Company PSC & Ors¹, the Court of Appeal has held, overturning a decision by the Commercial Court, that the English court does not have jurisdiction to hear BI claims brought under various multi-risk insurance policies issued in the Middle East. In doing so, the Court of Appeal emphasised that initial impressions can be important when interpreting ambiguously worded contractual provisions. However, as this case illustrates, this is not always a helpful approach given that initial impressions may differ. Sector/service Joins: Insurance & Reinsurance  London  Dubai  Abu Dhabi  Riyadh 
• The EU and the Inflation Reduction Act: how to respond?
  28/02/2023
  Read more about The EU and the Inflation Reduction Act: how to respond?
  In this briefing, we look at the EU's response to the new Inflation Reduction Act in the USA. Sector/service Joins: EU, Competition and Trade Regulatory  Energy  Commodities  International Trade Regulation  SUSTAINABILITY HUB  Sustainability in Regulation 
• Cooperative Approaches or the Article 6.4 Mechanism – which of the Article 6 market mechanisms will win the race to engage the private sector?
  27/02/2023
  Read more about Cooperative Approaches or the Article 6.4 Mechanism – which of the Article 6 market mechanisms will win the race to engage the private sector?
  This paper discusses which of the two approaches under Article 6 of the Paris Agreement (Cooperative Approaches under Article 6.2 and the Article 6.4 Mechanism) is most likely to engage the private sector? Sector/service Joins: Commodities  Projects  Singapore  Africa  Asia Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Australia  SUSTAINABILITY HUB 
• CBAM Can the EU achieve carbon adjustment beyond its borders?
  22/02/2023
  Read more about CBAM Can the EU achieve carbon adjustment beyond its borders?
  The EU's carbon border adjustment mechanism ("CBAM") will take effect from 1 October 2023. This briefing explains what it is for, how it works and what affected industries should do to prepare. Sector/service Joins: Energy  London  EU, Competition and Trade Regulatory  Commodities  SUSTAINABILITY HUB 
• Sanctions: A victory for common sense
  22/02/2023
  Read more about Sanctions: A victory for common sense
  A team of HFW lawyers, led by William Gidman, secured a victory in the English High Court in a summary judgment application confirming that an “innocent” EU bareboat charterer could discharge their obligations to obtain title to vessels by paying in a non-contractual currency and into a frozen account when its counterparts are subject to international sanctions. The case endorses the Court of Appeal's view in Mur Shipping v RTI [2022] EWCA Civ 1406. Sector/service Joins: Shipping  Commodities  Dispute Resolution  Commercial  Working Worldwide 
• Market abuse: FCA targets firms’ surveillance failures
  16/02/2023
  Read more about Market abuse: FCA targets firms’ surveillance failures
  Tackling market abuse is one of the Financial Conduct Authority’s strategic priorities, and recent focus has been on firms’ compliance failures. This article will consider the regulatory framework for market abuse offences and steps firms should take to reduce the risk. Sector/service Joins: Global Investigations and White Collar Defence  Corporate  Dispute Resolution  Finance  Financial Institutions  Financial Services Regulation  International Trade Regulation  Fraud and Insolvency  Government Services  Data Protection  Cyber Security  London  Paris  Brussels  Geneva  Piraeus  Monaco 
• The Competition and Markets Authority’s Review of the Liner Consortia Block Exemption Regulation: An Update
  16/02/2023
  Read more about The Competition and Markets Authority’s Review of the Liner Consortia Block Exemption Regulation: An Update
  In August 2022, we published a briefing looking at the European Commission’s (the “Commission”) review of the Liner Consortia Block Exemption Regulation (“CBER”), and the UK Competition and Markets Authority’s (“CMA”) review of the retained CBER.¹ Sector/service Joins: EU, Competition and Trade Regulatory  Corporate  Ports & Terminals  Commercial  International Trade Regulation  Working Worldwide  Shipping  Commodities  Logistics  Projects 
• TANGO - US Action
  14/02/2023
  Read more about TANGO - US Action
  An examination of extraterritorial action taken by OFAC against Richard Masters (a UK national) in relation to attempts to hide the identity and ownership of the TANGO yacht.  Sector/service Joins: Shipping  London  International Trade Regulation  Monaco 
• AUSTRALIA: Sexual Harassment In The Workplace: Two Year Limit Imposed On The Use Of Term Contracts (February 2023 Update)
  13/02/2023
  Read more about AUSTRALIA: Sexual Harassment In The Workplace: Two Year Limit Imposed On The Use Of Term Contracts (February 2023 Update)
  December 2022 was a busy month in Australia's Federal Parliament for workplace relations reforms. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Secure Jobs, Better Pay Act) and the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Respect at Work Act) were both passed. These Acts bring with them, among other things, wide-ranging impacts on employer obligations with respect to sexual and sex-based harassment. Sector/service Joins: Employment  Australia  Sydney  Perth  Melbourne 
• The EU's Foreign Subsidies Regulation
  13/02/2023
  Read more about The EU's Foreign Subsidies Regulation
  The Foreign Subsidies Regulation¹ (“FSR” or the “Regulation”), which will apply from the second half of 2023, will allow the EU to address subsidies granted by non-EU countries (“foreign subsidies”) which distort the internal market and fair competition. Although subsidies granted by EU Member States are strictly regulated by the EU’s state aid regime and imports of subsidised goods can be restricted by anti-dumping measures, the EU currently has no mechanism to regulate foreign subsidies. Sector/service Joins: EU, Competition and Trade Regulatory  Corporate  Projects  London  Working Worldwide  RESTRUCTURING HUB 
• Revised QFII Scheme Broadens Market Access to PRC Exchange-Traded Commodity Futures and Options Contracts
  09/02/2023
  Read more about Revised QFII Scheme Broadens Market Access to PRC Exchange-Traded Commodity Futures and Options Contracts
  The QFII scheme went through a major overhaul in November 2020 which substantially relaxed its qualification and regulatory requirements, opening it up to a broader class of offshore investors, including offshore commodities traders. Since 2 September 2022, it has offered an alternative path for offshore investors to trade commodity futures and options on the main Chinese commodity futures exchanges. Offshore commodities traders may wish to consider this new access path to commodity futures and options products that were previously only accessible to on-shore Chinese entities. QFII licence holders may wish to consider extending their services to potential new commodity clients. Sector/service Joins: Commodities  Financial Services Regulation  Corporate  Commercial  Singapore  Asia Pacific  Shanghai 
• Spoofing: What it is and our top 5 tips for prevention
  09/02/2023
  Read more about Spoofing: What it is and our top 5 tips for prevention
  We take a deep dive into the practice of spoofing, what it looks like, and how we can prevent it from happening. Sector/service Joins: Global Investigations and White Collar Defence  Commodities  Corporate  Dispute Resolution  Finance  Financial Institutions  Financial Services Regulation  International Trade Regulation  Fraud and Insolvency  Government Services  Data Protection  Cyber Security 
• Australia Employment Law: New two year limit imposed on the use of term contracts
  30/01/2023
  Read more about Australia Employment Law: New two year limit imposed on the use of term contracts
  The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Act) has introduced several changes in Australia, including by placing limits on the use of fixed and maximum term contracts (fixed-term contracts). The amendments will come into effect in December 2023. Sector/service Joins: Employment  Australia  Melbourne  Sydney  Perth 
• Sustainability Series – Part 6 – Warehousing
  30/01/2023
  Read more about Sustainability Series – Part 6 – Warehousing
  In the first parts of this Sustainability Series, we have considered the pressures the transport sector is facing globally to reduce greenhouse gas emissions in light of the global climate crisis. However, changes need to be made across the supply chain in order to effect a profound difference. Sector/service Joins: Logistics  SUSTAINABILITY HUB  Sustainability in transport 
• Case Note: Trafigura Pte Ltd v TKK Shipping Pte Ltd (The Thorco Lineage) [2023] EWHC 26
  20/01/2023
  Read more about Case Note: Trafigura Pte Ltd v TKK Shipping Pte Ltd (The Thorco Lineage) [2023] EWHC 26
  A recent decision of the England and Wales High Court has clarified the interpretation of the carrier's limit of liability pursuant to Art IV r 5(a) of the Hague/Visby Rules Sector/service Joins: Shipping  Dispute Resolution  Logistics  International Trade Regulation  Perth  Australia 
• Exclusion clauses in insurance policies revisited by Court of Appeal
  19/01/2023
  Read more about Exclusion clauses in insurance policies revisited by Court of Appeal
  In Brian Leighton (Garages) Ltd v Allianz, the Court of Appeal considered whether an exclusion for pollution or contamination excluded cover for damage which itself caused pollution and contamination. The result, in favour of the insured, might come as something of a surprise to insurers. Some of the Court’s comments will also be of interest to brokers, particularly those advising SME insureds. Sector/service Joins: Insurance & Reinsurance  London 
• Montreal Convention comes into force in Bangladesh
  19/01/2023
  Read more about Montreal Convention comes into force in Bangladesh
  Bangladesh has become one of the last major trading nations to implement the Montreal Convention¹ (also known as “MC99”), which sets out a modern liability framework in relation to international carriage by air. This is a positive development, but some uncertainties do remain. Sector/service Joins: Aerospace  Working Worldwide  Dispute Resolution  Logistics  International Trade Regulation 
• National Security and Investment Act 2021 One Year On
  19/01/2023
  Read more about National Security and Investment Act 2021 One Year On
  The UK’s National Security and Investment Act 2021 (the “Act”) entered into force on 4 January 2022. In this briefing, we review the impact of the Act one year on, what we can take away from decisions made under the Act to date, and the implications of this for transactions. Sector/service Joins: Working Worldwide  RESTRUCTURING HUB  EU, Competition and Trade Regulatory  Corporate  Ports & Terminals  Projects  Commercial  International Trade Regulation  Digital Trade  Oil and Gas  Cyber Security 
• Bankruptcy in the UAE - Part 2 - Directors' Duties
  12/01/2023
  Read more about Bankruptcy in the UAE - Part 2 - Directors' Duties
  We discuss directors' and managers' liabilities under bankruptcy law in the UAE. Sector/service Joins: Corporate  Abu Dhabi  Dubai 
• HFW Disputes Digest 2022
  04/01/2023
  Read more about HFW Disputes Digest 2022
  Welcome to our first annual digest, in which we collate our 2022 global HFW LITIGATION and International Arbitration publications in one place. Sector/service Joins: Dispute Resolution 
• The Register of Overseas Entities: Your Questions Answered
  21/12/2022
  Read more about The Register of Overseas Entities: Your Questions Answered
  The Register of Overseas Entities (ROE) was brought into being under the Economic Crime (Transparency and Enforcement) Act 2022 (the Act) and was introduced to address concerns regarding a lack of transparency around who ultimately owns land in the UK. The ROE, which will be kept at Companies House, will hold details of the beneficial owners of overseas entities which own “qualifying estates” in UK land. Sector/service Joins: Corporate  London 
• Australia: Pay Secrecy Clauses No Longer Allowed
  20/12/2022
  Read more about Australia: Pay Secrecy Clauses No Longer Allowed
  The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) amends the Fair Work Act 2009 (Cth) (Act) by introducing, among other things, measures to secure equal pay objectives for employees, including to address the gender pay gap by prohibiting pay secrecy in Australia. The amendments prohibiting pay secrecy became law on 7 December 2022. Sector/service Joins: Employment 
• Arbitration in Australia – Continued Success Over the Last Ten Years
  19/12/2022
  Read more about Arbitration in Australia – Continued Success Over the Last Ten Years
  It has now been 10 years since the transformative legal reforms to the Australian Uniform Arbitration Acts. These laws brought the arbitration laws in each Australian state and territory in line with the UNCITRAL Model Law. Sector/service Joins: Dispute Resolution  Australia  Melbourne  Sydney  Perth 
• A Small Change with a Big Effect: Apostille Convention Enters into Force in Saudi Arabia
  19/12/2022
  Read more about A Small Change with a Big Effect: Apostille Convention Enters into Force in Saudi Arabia
  On 07 December 2022, the Hague Convention of 05 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents ("Apostille Convention") entered into force in Saudi Arabia. Sector/service Joins: Middle East 
• Recent changes to enterprise agreements and bargaining in Australia
  15/12/2022
  Read more about Recent changes to enterprise agreements and bargaining in Australia
  The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 in Australia received Royal Assent on 6 December 2022, introducing a number of significant changes to the Fair Work Act 2009 (Cth) (and other associated legislation) with respect to enterprise bargaining and enterprise agreements. Sector/service Joins: Employment  Australia 
• Russian oil price cap
  15/12/2022
  Read more about Russian oil price cap
  Since 5 December 2022, UK, EU, and U.S. restrictions on the maritime transport of Russian crude oil to third countries have come into effect. This includes a ban on providing finance, brokerage, shipping, or insurance services. Only Russian crude oil bought at or below the recently announced 'price cap' is exempt from these restrictions. Sector/service Joins: Commodities  Shipping 
• Comprehensively Yachts - HFW Yachting Industry Briefing, December 2022
  12/12/2022
  Read more about Comprehensively Yachts - HFW Yachting Industry Briefing, December 2022
  HFW’s yacht team is, as ever, busy dealing with a range of transactions, commercial disputes, regulatory matters and marine insurance claims, with our work reflecting the spread of issues and opportunities faced by the yachting industry at this time. In the same way, in this packed edition of Comprehensively Yachts, HFW’s yacht team brings you commentary on a range of important and topical issues currently impacting the yachting industry. Sector/service Joins: Shipping  International Trade Regulation  Insurance & Reinsurance  Fraud and Insolvency  EU, Competition and Trade Regulatory 
• Nationalisation Risk: Will host countries hedge their bets between Article 6 and the voluntary carbon markets?
  05/12/2022
  Read more about Nationalisation Risk: Will host countries hedge their bets between Article 6 and the voluntary carbon markets?
  As countries enact domestic legislation to implement their commitments in respect of their Nationally Determined Contributions (NDCs) under the Paris Agreement, it is likely that voluntary projects will be subject to greater regulation and scrutiny by host countries. In particular, voluntary mitigation or removal projects (Projects) are likely to face licensing or authorisation requirements as well as restrictions on international transfers of carbon credits or mitigation outcomes. Sector/service Joins: Commodities  SUSTAINABILITY HUB  Sustainability in Energy Transition  Government Services  Commercial  Singapore  Asia Pacific 
• Attempt to Broaden Time Charterer’s Tort Duties to Third Parties Found “Unmoored From Reality”
  05/12/2022
  Read more about Attempt to Broaden Time Charterer’s Tort Duties to Third Parties Found “Unmoored From Reality”
  In Grand Famous Shipping Limited, et al. v China Navigation Co., the United States Court of Appeals for the Fifth Circuit reviewed the traditional duties owed by a time charter to third parties in tort. Though asked by Plaintiffs to broaden these duties, the Fifth Circuit found their “arguments are unmoored from reality.”² Sector/service Joins: Shipping  Dispute Resolution  Houston 
• Trade Finance and Greenwashing
  21/11/2022
  Read more about Trade Finance and Greenwashing
  As ‘green’ and sustainability-linked trade finance has surged in the past two years, so too have risks of greenwashing. Sector/service Joins: Commodities  SUSTAINABILITY HUB  Finance  Financial Institutions  Geneva  Financial Services Regulation 
• One Step Closer to Wind Energy in the Gulf of Mexico
  16/11/2022
  Read more about One Step Closer to Wind Energy in the Gulf of Mexico
  The Gulf of Mexico is now one step closer to becoming a major player in the clean energy game. The Bureau of Ocean Energy Management designated the first two Wind Energy Area's in the Gulf of Mexico Outer Continental Shelf. BOEM's announcement marks the first step for the Gulf of Mexico region to become a significant player for OCS wind energy projects. Sector/service Joins: Commodities  Shipping  Commercial  Oil and Gas  Houston  USA & Canada 
• Emissions Regulations In Shipping – Will The Polluter Pay?
  15/11/2022
  Read more about Emissions Regulations In Shipping – Will The Polluter Pay?
  The global freight industry is facing both downwards (regulatory) and upwards (consumer) pressure to reduce its carbon emissions. We take a look at some of these pressures in this briefing and consider what their impact may be. Sector/service Joins: Logistics  Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• Hong Kong Court decides that the ‘Extended Fiona Trust Principle’ can be displaced by clear language (H v G [2022] HKCU 2213)
  07/11/2022
  Read more about Hong Kong Court decides that the ‘Extended Fiona Trust Principle’ can be displaced by clear language (H v G [2022] HKCU 2213)
  In H v G, Chan J in the Hong Kong Court of First Instance held that the Extended Fiona Trust Principle had been displaced by clear language, which showed the parties wished disputes arising out of Contract A and Contract B to be resolved separately. It is the latest in a string of cases in the Hong Kong courts in which parties have tried (and mostly failed) to apply the Extended Fiona Trust Principle. Sector/service Joins: Construction  Dispute Resolution  Hong Kong 
• Singapore International Commercial Court refuses arbitral award due to “collateral estoppel” (Sanum and another v Lao People’s Democratic Republic and others)
  07/11/2022
  Read more about Singapore International Commercial Court refuses arbitral award due to “collateral estoppel” (Sanum and another v Lao People’s Democratic Republic and others)
  The Singapore International Commercial Court (SICC) has refused an attempt to set aside an arbitral award for a breach of natural justice¹. It was the applicants’ case that the tribunal improperly and unfairly denied them a right to be heard on an issue that the tribunal considered it was prevented from raising because the issue had been considered previously. The court held that even if the tribunal had been wrong to conclude that “collateral estoppel” applied to prevent the issue from being reopened, this would amount to no more than an error on the merits of the claim, and would not ground any challenge to the award. Sector/service Joins: Construction  Dispute Resolution  Singapore  Hong Kong 
• Singapore court confirms interim award by a foreign emergency arbitrator is enforceable in Singapore (CVG v CVH [2022] SGHC 249)
  03/11/2022
  Read more about Singapore court confirms interim award by a foreign emergency arbitrator is enforceable in Singapore (CVG v CVH [2022] SGHC 249)
  In an important decision, the Singapore court confirmed that an interim award made by an emergency arbitrator in a foreign seated arbitration was, in principle, enforceable in Singapore. The court held that such an interim award could meet the definition of a “foreign award” under the International Arbitration Act (Ch. 143A) (IAA) and therefore could be enforced. However, on this occasion the court refused to enforce the interim award on natural justice grounds after finding that the award debtor had been unable to present its case in the arbitration proceedings. Sector/service Joins: Construction  Dispute Resolution  Hong Kong 
• Autonomous Ships: The Future Is Now
  03/11/2022
  Read more about Autonomous Ships: The Future Is Now
  In this bulletin we look to capture the vast array of developments, concerning both vessels and technology systems, that have been announced in the past few months since our last bulletin in June 2022.¹ Sector/service Joins: Shipping  Cyber Security  London  Cyber Owl 
• BOEM Announces First California Offshore Wind Energy Lease Sale
  01/11/2022
  Read more about BOEM Announces First California Offshore Wind Energy Lease Sale
  Wind energy is coming to the California OCS. BOEM announced the first ever OCS wind energy lease auction for the Golden State with a focus on floating offshore wind turbines. Sector/service Joins: Shipping  Energy  SUSTAINABILITY HUB  Sustainability in transport  Houston 
• Force Majeure - Court of Appeal Rules on MUR Shipping v RTI Ltd
  01/11/2022
  Read more about Force Majeure - Court of Appeal Rules on MUR Shipping v RTI Ltd
  The Court of Appeal has ruled that the exercise of reasonable endeavours to overcome a force majeure event can require an affected party to accept a variation of what would otherwise have been strict contractual performance - provided the end result is essentially the same. Sector/service Joins: Commodities 
• Israel and Lebanon sign ground-breaking maritime boundary agreement
  27/10/2022
  Read more about Israel and Lebanon sign ground-breaking maritime boundary agreement
  Israeli-Lebanese Treaty signed allocating maritime jurisdiction and natural resources between the two countries, including the Karish and Qana gas fields. Sector/service Joins: Shipping  Energy  Oil and Gas  Commodities  Construction  Middle East  London 
• NordStream leaks: are our arteries safe?
  25/10/2022
  Read more about NordStream leaks: are our arteries safe?
  Just prior to recent events taking place in the Baltic Sea, the UK Government published a report titled ‘National Strategy for Maritime Security’ in August 2022 in response to the increased global tensions and pressures being placed on global trade and data. Sector/service Joins: Shipping  Energy  Insurance & Reinsurance  Oil and Gas  Complex Environments  Cyber Security  London  Cyber Owl 
• Sustainable Aviation: Adjusted CORSIA Baseline from 2024 onwards – how it impacts airlines
  19/10/2022
  Read more about Sustainable Aviation: Adjusted CORSIA Baseline from 2024 onwards – how it impacts airlines
  At the recent 41st ICAO Assembly in Montreal, countries agreed to a new CORSIA baseline for the first and second CORSIA implementation phases (2024-2035) of 85% of CO2 emissions in 2019, and revised percentages for growth factors to be used for calculating offsetting requirements from 2030 onwards. In this briefing, we discuss the significance of the new developments and what this means for the airline industry. Sector/service Joins: Aerospace  Commodities  Singapore  Asia Pacific 
• Les sanctions De l'UE en lien avec la situation en Ukraine
  17/10/2022
  Read more about Les sanctions De l'UE en lien avec la situation en Ukraine
  La présente note couvre le nouveau paquet de sanctions adopté ce mercredi 6 octobre 2022 en réponse à la poursuite de l'invasion russe en Ukraine et à la tenue par les autorités russes de référendums d'annexion dans les régions occupées. Sector/service Joins: Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  EU, Competition and Trade Regulatory  Finance  Financial Institutions  Logistics  Commercial  International Trade Regulation  Oil and Gas  Paris 
• Navigating the competing interests of shareholders and creditors following Sequana: A guide for directors and insolvency practitioners
  17/10/2022
  Read more about Navigating the competing interests of shareholders and creditors following Sequana: A guide for directors and insolvency practitioners
  The much-anticipated UK Supreme Court decision in BTI 2014 LLC v Sequana SA & Ors¹ was finally released, giving clarity to directors and insolvency practitioners about the existence, scope and engagement of the so-called “creditor duty”². A relatively recent development in English law³, the creditor duty is in fact really a dormant creature of the existing directors’ fiduciary duties that awakens in an insolvency, or near insolvency, context. Sector/service Joins: Commodities  Fraud and Insolvency  London 
• Critical Raw Materials: Regulatory Initiatives
  14/10/2022
  Read more about Critical Raw Materials: Regulatory Initiatives
  In this briefing we discuss regulatory initiatives by the European Commission, the United States and the UK on the security of supply of critical raw materials. Sector/service Joins: EU, Competition and Trade Regulatory  Commodities  International Trade Regulation  London  Paris  Geneva  Brussels  Houston  Singapore  Shanghai  Africa  Latin America  USA & Canada  Eastern Europe & Russia  Australia  SUSTAINABILITY HUB  Sustainability in Regulation 
• A new anti-discrimination bill and human rights bill
  11/10/2022
  Read more about A new anti-discrimination bill and human rights bill
  On 27 September 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Bill) was introduced to the House of Representatives. The Bill is a response to the recommendations of the 2020 Respect@Work Report (Report) and is yet to be passed. It seeks to implement a further seven of the Report's recommendations (with some recommendations having already been implemented). The Bill is expected to significantly strengthen Australia's regulatory framework in respect of sex discrimination, and in particular, sexual harassment. Sector/service Joins: Employment  Asia Pacific  Australia 
• Hefty fines trigger urgent reviews of third party messaging apps and personal device use
  05/10/2022
  Read more about Hefty fines trigger urgent reviews of third party messaging apps and personal device use
  Commodity traders are urgently recommended to review practices and compliance policies around the use and data retention in respect of personal devices and third party messaging apps following increased regulatory focus. Sector/service Joins: Global Investigations and White Collar Defence  Commodities  Dispute Resolution  Financial Services Regulation  International Trade Regulation  Financial Institutions  Finance  Data Protection  London  Houston 
• The Russia - Ukraine Conflict: Impact on energy security in Asia
  27/09/2022
  Read more about The Russia - Ukraine Conflict: Impact on energy security in Asia
  It can be difficult to imagine how strongly events in Russia and Ukraine could impact on energy markets in Asia. The reality, however, is that the world's energy markets are so globalised and regionally interlinked that even mildly significant changes in one region can have a huge effect in another. Sector/service Joins: Commodities  Energy  Working Worldwide 
• Fraudsters beware: Third-party Disclosure Orders are about to become easier to obtain
  23/09/2022
  Read more about Fraudsters beware: Third-party Disclosure Orders are about to become easier to obtain
  One major obstacle to bringing a claim against cyber-criminals and international fraudsters is about to change. From 1 October 2022, the English legal system will extend the scope of third-party disclosure orders. New rules will allow claimants to obtain Norwich Pharmacal and Bankers Trust Orders against banks and websites to assist their claims - even when the third party is overseas. Sector/service Joins: Dispute Resolution  London 
• Bankruptcy in the UAE
  23/09/2022
  Read more about Bankruptcy in the UAE
  In this article, we examine preventive composition as means to implement a successful restructuring strategy and related key concepts. Sector/service Joins: Dispute Resolution  Dubai  Middle East 
• How deep do you need to dive to mitigate against a FM event?
  21/09/2022
  Read more about How deep do you need to dive to mitigate against a FM event?
  The Russian invasion of Ukraine has turned the spotlight onto two particular types of clause in commodities contracts: sanctions and force majeure (“FM”). The avalanche of global sanctions imposed in response to the invasion created huge challenges for commercial parties and many found themselves having to put sanctions related contractual wording to the test as a result. Sector/service Joins: Commodities  Working Worldwide 
• Seismic Shift In Oversight Of Commodity Traders Offers Opportunity For The Industry
  15/09/2022
  Read more about Seismic Shift In Oversight Of Commodity Traders Offers Opportunity For The Industry
  One of the impacts of the Russian invasion of Ukraine has been the beginning of what is likely to be a seismic shift in the oversight, regulation and enforcement of the commodity trading industry. Here, Barry Vitou considers the opportunities this offers for commodity traders to help shape that shift and to ready their businesses for what lies ahead. Sector/service Joins: Commodities 
• NH3 News: Is ammonia the future of long-distance hydrogen transport?
  14/09/2022
  Read more about NH3 News: Is ammonia the future of long-distance hydrogen transport?
  The Paris Agreement 2015 established that, if the global increase in average temperatures is to be halted, nations would need to reduce their greenhouse emissions.¹ As such, all industries are now faced with technological and commercial problems to overcome. Sector/service Joins: Commodities  SUSTAINABILITY HUB  Energy  Dispute Resolution  Shipping  London  Geneva  Singapore 
• Subsidy Control Act 2022: An Update
  13/09/2022
  Read more about Subsidy Control Act 2022: An Update
  Following the Subsidy Control Bill 2021¹ receiving Royal Assent on 28 April 2022, the UK government and Competition and Markets Authority have published draft guidance on the new UK subsidy control regime. Sector/service Joins: EU, Competition and Trade Regulatory  London 
• Digital Trade in and Between Singapore and the UK - Recent Developments
  13/09/2022
  Read more about Digital Trade in and Between Singapore and the UK - Recent Developments
  The UK is Singapore's largest services trading partner in Europe and momentum towards the digitisation of trade has been growing in both jurisdictions, which are key within global commodities trading. In this alert, we report on some recent developments. Sector/service Joins: Commodities  London  Singapore 
• The Saudi Central Bank ‘SAMA’ launches a public consultation on a draft Rules for Loss Adjusters and Loss Assessors
  09/09/2022
  Read more about The Saudi Central Bank ‘SAMA’ launches a public consultation on a draft Rules for Loss Adjusters and Loss Assessors
  The Saudi Central Bank (referred to as ‘SAMA’ being the former Saudi Arabian Monetary Authority”) has launched a public consultation on a draft Rules for Loss Adjusters and Loss Assessors¹ (‘Draft Rules’), which will close on 11 September 2022. Sector/service Joins: Insurance & Reinsurance  Financial Services Regulation  Riyadh 
• LNG Bunkering: Long term contracts for a transitional fuel
  07/09/2022
  Read more about LNG Bunkering: Long term contracts for a transitional fuel
  With the EU and IMO (amongst others) moving full steam ahead with emissions trading schemes, many ship owners are considering dual-fuelled LNG ships. Whilst LNG is often viewed as a ‘transitional fuel’ it still has around 30% to 50% less CO2 and limited sulphur compared to other fossil fuels and therefore may help owners satisfy emissions regulations (and perhaps also their own internal environmental policies). Sector/service Joins: Shipping  Commodities  Dispute Resolution  Commercial  London  Working Worldwide 
• Sustainability Series: Part 5 – Inland Waterways
  05/09/2022
  Read more about Sustainability Series: Part 5 – Inland Waterways
  Inland waterway transport plays a vital role within the sustainable transport and logistics sector, particularly within the EU. There are over 200 inland ports in Europe with more than 37,000 kilometres of waterways and many of the important European industrial centres can be reached by inland navigation¹. Sector/service Joins: Logistics  SUSTAINABILITY HUB  Sustainability in transport  Energy  Shipping  Corporate  Ports & Terminals  London  Paris  Brussels  Geneva  Piraeus 
• The Summer of U.S. Offshore Wind: Regulatory Incentives and Proposed Vessel Manning Mandate
  31/08/2022
  Read more about The Summer of U.S. Offshore Wind: Regulatory Incentives and Proposed Vessel Manning Mandate
  Summer 2022 has seen significant action in the renewable energy arena and confirms that offshore wind energy is a critical piece of the Biden Administration’s clean energy plan. While the offshore wind energy industry is poised for significant growth, stakeholders will have to consider how U.S. coastwise laws apply to the vessels that will be used to construct and maintain offshore wind energy fields. Sector/service Joins: Shipping  Energy  Ports & Terminals  Logistics  SUSTAINABILITY HUB  Sustainability in transport 
• European Commission’s Review Of The Liner Consortia Block Exemption Regulation
  31/08/2022
  Read more about European Commission’s Review Of The Liner Consortia Block Exemption Regulation
  The European Commission has launched a call for evidence on the Consortia Block Exemption Regulation (Regulation 906/2009). Sector/service Joins: EU, Competition and Trade Regulatory  Shipping  London  Brussels 
• Putting Teeth Into The Safeguard Mechanism: Consultation Paper On Proposed Changes Released
  24/08/2022
  Read more about Putting Teeth Into The Safeguard Mechanism: Consultation Paper On Proposed Changes Released
  The Australian Federal Government is calling for submissions on its proposed changes to the Safeguard Mechanism. Significant impacts are expected for industry, as emissions baselines will be consistently lowered and a carbon credit trading scheme introduced. Sector/service Joins: Energy  Corporate  Commercial  Australia  SUSTAINABILITY HUB  Sustainability in Energy Transition 
• Legislating more ambitious emissions reduction targets: What does the new climate change bill do and what to watch out for?
  11/08/2022
  Read more about Legislating more ambitious emissions reduction targets: What does the new climate change bill do and what to watch out for?
  In a historic move heralding the end of climate wars, the Climate Change Bill 2022 (Climate Bill) has passed the Lower House. The Climate Bill enshrines a more ambitious emissions reduction target, commits to producing annual climate change statements about emissions reductions progress and revives the role of the Climate Change Authority as an independent advisory body. Sector/service Joins: Energy  Corporate  Australia  SUSTAINABILITY HUB  Sustainability in Regulation 
• National Security and Investment Act 2021: Final Order made preventing the acquisition of intellectual property relating to vision sensing technology
  03/08/2022
  Read more about National Security and Investment Act 2021: Final Order made preventing the acquisition of intellectual property relating to vision sensing technology
  For the first time, a final order has been published by the UK government under the National Security and Investment Act 2021 to block a proposed transaction, in this case the acquisition by a Chinese company of intellectual property under a licence agreement relating to vision sensing technology. Sector/service Joins: EU, Competition and Trade Regulatory  Corporate  Commercial  International Trade Regulation  London 
• The Supreme Court Of Queensland Enforces A Dispute Resolution Clause Referring Disputes To Expert Determination
  02/08/2022
  Read more about The Supreme Court Of Queensland Enforces A Dispute Resolution Clause Referring Disputes To Expert Determination
  In Mineralogy Pty Ltd v Adani Mining Pty Ltd,¹ a dispute arose between Adani Mining Pty Ltd (Adani) and Mineralogy Pty Ltd (Mineralogy) in relation to a royalty deed (Royalty Deed) under which Adani had agreed to pay royalties to Mineralogy for mining a particular mining tenement. Sector/service Joins: Dispute Resolution  Australia 
• Two celebrities, one missing mobile phone, and many missing messages: the English High Court gives judgment in the Wagatha Christie case
  01/08/2022
  Read more about Two celebrities, one missing mobile phone, and many missing messages: the English High Court gives judgment in the Wagatha Christie case
  This briefing examines the recent Wagatha Christie judgment and looks at the inferences the court will draw where full disclosure is not given. Sector/service Joins: Dispute Resolution  London 
• EU Emissions Trading System: Current status and key issues
  26/07/2022
  Read more about EU Emissions Trading System: Current status and key issues
  The planned inclusion of maritime transport in the EU Emissions Trading System is moving forward rapidly, and the legislative text could be finalised in Q4 of 2022. As part of the legislative process, both the European Parliament and the European Council have very recently proposed their own respective amendments to the proposals originally put forward by the European Commission back in 2021. In our factsheet, we set out the key issues arising that have the potential to impact all the parties in the physical transport chain, and which could give rise to risks and disputes in the future. Sector/service Joins: Shipping  Commodities  Dispute Resolution  Logistics  Commercial  International Trade Regulation  London  SUSTAINABILITY HUB  Sustainability in Regulation  Sustainability in transport 
• Model Law on cross-border insolvency
  26/07/2022
  Read more about Model Law on cross-border insolvency
  Naumets (Trustee), Dorokhov (Bankrupt) v Dorokhov [2022] FCA 748 In the matter of Hydrodec Group Plc [2021] NSWSC 755 Sector/service Joins: Dispute Resolution  Fraud and Insolvency  Australia 
• What do the new 2022 ICSID Arbitration Rules mean for the parties?
  26/07/2022
  Read more about What do the new 2022 ICSID Arbitration Rules mean for the parties?
  In this briefing we examine the new International Centre for Settlement of Investment Disputes (ICSID) Arbitration Rules and comment on what they mean for States, investors, and those involved in investment treaty arbitrations. Sector/service Joins: Dispute Resolution  London 
• Changes on the horizon as the US Ocean Shipping Reform Act becomes law
  25/07/2022
  Read more about Changes on the horizon as the US Ocean Shipping Reform Act becomes law
  President Biden recently signed into law the Ocean Shipping Reform Act of 2022 ("OSRA" or the "Act"), a package of U.S. shipping law reforms that addresses supply chain disruptions, rising ocean shipping costs, and issues related to vessel service. Sector/service Joins: Shipping  USA & Canada  Houston  Logistics  Ports & Terminals  International Trade Regulation 
• Ensuring integrity in the global gold supply chain
  21/07/2022
  Read more about Ensuring integrity in the global gold supply chain
  The London Bullion Market Association (LBMA) and the World Gold Council recently announced their collaboration on the new Gold Bar Integrity (GBI) initiative. The GBI initiative aims to monitor the movement of gold through the global supply chain, including provenance and chain of custody. Sector/service Joins: Commodities  Working Worldwide  SUSTAINABILITY HUB 
• Karis v Digital CC Management Pty Ltd [2022] FCA 685
  15/07/2022
  Read more about Karis v Digital CC Management Pty Ltd [2022] FCA 685
  The Federal Court of Australia recently granted an anti-suit to restrain the taking of steps in proceedings in the United States District Court in Massachusetts. The application was made by Mr Karis, who had separately commenced proceedings in the Federal Court against two Australian incorporated companies for misleading and deceptive conduct. Sector/service Joins: Dispute Resolution  Asia Pacific  Melbourne  Sydney  Perth 
• Global Investigations and Enforcement: OFSI & NCA Red Alert – Evasion Typologies
  15/07/2022
  Read more about Global Investigations and Enforcement: OFSI & NCA Red Alert – Evasion Typologies
  After a lengthy period of sanctions implementation, the recently published red alert on Financial Sanctions Evasion Typologies: Russian Elites and Enablers indicates a shift to enforcement. Sector/service Joins: Global Investigations and White Collar Defence  Commodities  Dispute Resolution  Financial Services Regulation  International Trade Regulation 
• China releases long-awaited data transfer rules
  12/07/2022
  Read more about China releases long-awaited data transfer rules
  

  Review your data practices now – China's Cyberspace Administration ("CAC") releases long-awaited rules updates Sector/service Joins: Data Protection  Cyber Security  Corporate  Commercial  Shanghai  Asia Pacific 

• Prescription: Time flies...when it comes to limitation for construction claims in Scotland
  11/07/2022
  Read more about Prescription: Time flies...when it comes to limitation for construction claims in Scotland
  In this article, we look at the rules in Scotland relating to time bar/limitation and how these differ from the rules in England. We discuss the new Prescription (Scotland) Act 2018 and outline some practical tips for parties contracting in Scotland. Sector/service Joins: Construction  Scotland 
• An Update: European Union Draft Law Seeking to Ban Imports and Exports of Commodities from Regions at Risk of Deforestation
  07/07/2022
  Read more about An Update: European Union Draft Law Seeking to Ban Imports and Exports of Commodities from Regions at Risk of Deforestation
  On 28 June 2022, the Council of the European Union adopted its negotiating position on the draft Regulation which would ban the import and export of six core agricultural commodities to and from the European Union where these products have been linked to deforestation. Sector/service Joins: EU, Competition and Trade Regulatory  Commodities  Commercial  International Trade Regulation  SUSTAINABILITY HUB  Sustainability in Regulation 
• The Big (Shipping) Short: Recession Proofing Charters
  06/07/2022
  Read more about The Big (Shipping) Short: Recession Proofing Charters
  You don’t have to be Christian Bale in The Big Short to see that there is a real possibility of a recession in the near future. Food and energy prices are spiralling, interest rates rising (hitting a 13 year high at 1.25% in the UK on 16 June 2022), and banks are becoming more cautious lenders. This all follows (in part) from the perfect storm of the Russia/Ukraine crisis and the longer-term pandemic effects. Sector/service Joins: Shipping  Dispute Resolution 
• Ports and digitalisation: what next?
  05/07/2022
  Read more about Ports and digitalisation: what next?
  A look at the forthcoming changes to the IMO Convention on Facilitation of International Maritime Traffic and the legal, operational and technical issues arising from increased digitalisation of ports. Sector/service Joins: Shipping  Logistics  Ports & Terminals  Digital Trade  London  Singapore 
• Case note: Hancock v Hancock Prospecting [2022] NSWSC 724
  05/07/2022
  Read more about Case note: Hancock v Hancock Prospecting [2022] NSWSC 724
  The Supreme Court of New South Wales has recently confirmed the test for challenge to an arbitrator under the Commercial Arbitration Act 2012 (WA) (CCA). Sector/service Joins: Dispute Resolution  Asia Pacific  Melbourne  Sydney  Perth 
• Whistleblowing: Why a whistleblowing programme is the best way of protecting corporations from a whistleblowing scandal
  04/07/2022
  Read more about Whistleblowing: Why a whistleblowing programme is the best way of protecting corporations from a whistleblowing scandal
  Whistleblowers have revealed some of the largest scandals and been the catalyst for some of the biggest government investigations and lawsuits in history. Sector/service Joins: Commodities  Dispute Resolution  Financial Services Regulation  International Trade Regulation 
• Support your environmental claims: Advertising Standards Authority ruling: Tesco Stores Ltd t/a Tesco
  29/06/2022
  Read more about Support your environmental claims: Advertising Standards Authority ruling: Tesco Stores Ltd t/a Tesco
  On 8 June 2022, the Advertising Standards Authority (ASA) handed down a ruling on Tesco Stores Ltd t/a Tesco, in which it decided that Tesco had made unsubstantiated claims that its Plant Chef products were better for the planet than meat-based alternatives. In light of this ruling, we analyse the key considerations for businesses when making environmental claims for their products or services and reflect on the importance of conducting due diligence, holding sufficient evidence to substantiate claims and ensuring that the basis of any environmental claim is made clear. Sector/service Joins: EU, Competition and Trade Regulatory  Commodities  Commercial  International Trade Regulation  London  SUSTAINABILITY HUB 
• English Commercial Court gives further clarification on the Quincecare Duty
  23/06/2022
  Read more about English Commercial Court gives further clarification on the Quincecare Duty
  The Commercial Court's keenly awaited judgment in Federal Republic of Nigeria v JP Morgan Chase, the largest Quincecare claim before the English courts, has clarified the issues to be considered when determining the standard of a reasonable and honest banker under the Quincecare Duty, and highlighted its potential extension to "external" frauds. Sector/service Joins: Dispute Resolution  London 
• Wrongful to refuse a reasonably satisfactory LOU offered pursuant to ASG2, holds the Court of Appeal
  21/06/2022
  Read more about Wrongful to refuse a reasonably satisfactory LOU offered pursuant to ASG2, holds the Court of Appeal
  The Court of Appeal has found that if parties agree to a collision jurisdiction agreement (CJA) in the form proposed by the Admiralty Solicitors Group (ASG2), and if the party who is to be secured is tendered security which is objectively satisfactory, then the recipient is obliged to accept it; to refuse to do so is a breach of the CJA. Sector/service Joins: Shipping  Dispute Resolution 
• When are judgments final? The UK Supreme Court has the final word.
  20/06/2022
  Read more about When are judgments final? The UK Supreme Court has the final word.
  The point at which a judgment becomes final, and when and if parties can seek amendments to it was recently considered by the UK Supreme Court in the case of AIC Ltd v Federal Airports Authority of Nigeria¹. Sector/service Joins: Dispute Resolution 
• Autonomous ships: MASS for the MASSes
  20/06/2022
  Read more about Autonomous ships: MASS for the MASSes
  Since our last bulletin in January 2022, further promising developments have taken place around the world in the field of autonomous shipping.¹ We have seen an increase in activity in this sector of the maritime industry as various Maritime Autonomous Surface Ships (MASS) projects continue to come online and are fast becoming more widely adopted into mainstream shipping. Competition among players in this field is becoming fierce, with new developments being reported on a nearly daily basis. Sector/service Joins: Shipping  Logistics  Ports & Terminals  Digital Trade  London 
• Comprehensively Yachts - HFW Yachting Industry Briefing, June 2022
  16/06/2022
  Read more about Comprehensively Yachts - HFW Yachting Industry Briefing, June 2022
  In this edition of Comprehensively Yachts we focus on some of the key issues affecting the yachting industry including the burning issue of Russian sanctions, an analysis of the new MYBA memorandum of agreement, an update on the effect of Brexit on insurances, insight into new Brazilian tax rules and the establishment of a new international shipping registry for the US. Sector/service Joins: Shipping  Insurance & Reinsurance  London  Latin America  USA & Canada 
• WA government action plan for changes to security of payment imminent
  14/06/2022
  Read more about WA government action plan for changes to security of payment imminent
  Building and Construction companies in Western Australia should start preparing for stage one of the WA Government's Action Plan for the ongoing implementation of the new Security of Payment reforms for the industry, due to commence in August 2022. Sector/service Joins: Construction  Perth  Australia 
• Unjust Enrichment – an answer when Quincecare doesn’t apply?
  14/06/2022
  Read more about Unjust Enrichment – an answer when Quincecare doesn’t apply?
  An article that considers a judgment which provides a useful insight into an avenue by which a victim of fraud can seek recourse against the bank that receives monies misappropriated by a fraudster. Sector/service Joins: Commodities  Dispute Resolution  Financial Institutions  Commercial  Fraud and Insolvency  Cyber Security  London  Dubai 
• Sanctions enforcement – an update on monetary penalties
  13/06/2022
  Read more about Sanctions enforcement – an update on monetary penalties
  On 8 June 2022, the Office of Financial Sanctions Implementation (OFSI) published their recently updated Monetary Penalty guidance which contain changes to the UK's ongoing approach to sanctions enforcement. Sector/service Joins: Commodities  Dispute Resolution  Financial Services Regulation  International Trade Regulation  London  Working Worldwide 
• Sanctions de l'ue en lien avec la situation en Ukraine
  09/06/2022
  Read more about Sanctions de l'ue en lien avec la situation en Ukraine
  En réaction au conflit russo-ukrainien, de nouvelles mesures restrictives ont été adoptées par l'Union Européenne envers la Russie. Sector/service Joins: Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  EU, Competition and Trade Regulatory  Finance  Financial Institutions  Logistics  Commercial  International Trade Regulation  Oil and Gas 
• Inclusion Of Domestic Shipping In The UK Emissions Trading Scheme: What We Know So Far
  06/06/2022
  Read more about Inclusion Of Domestic Shipping In The UK Emissions Trading Scheme: What We Know So Far
  On 25 March 2022, the UK Government’s Department of Business, Energy & Industrial Strategy (BEIS) launched a consultation¹ on developing the UK Emissions Trading Scheme, including its expansion to cover the domestic maritime industry. With the consultation due to close at 11:45pm on 17 June 2022, this article discusses what we know so far. Sector/service Joins: Shipping  Commodities  Dispute Resolution  Logistics  Commercial  International Trade Regulation  London  SUSTAINABILITY HUB  Sustainability in transport  Sustainability in Regulation 
• Sustainability: Developments in Agriculture
  01/06/2022
  Read more about Sustainability: Developments in Agriculture
  The UN IPCC Report 2022 on the Mitigation of Climate Change has reemphasised the importance of rapid climate reform to reach net zero emissions by 2050. Below we outline some of the key developments affecting the agriculture sector in Australia and globally. Sector/service Joins: Commodities  Australia  SUSTAINABILITY HUB 
• CBP issues key ruling on U.S. offshore wind operations
  31/05/2022
  Read more about CBP issues key ruling on U.S. offshore wind operations
  Significant new ruling from the U.S. Customs and Border Protection provides Jones Act guidance for U.S. offshore wind energy projects. Sector/service Joins: Energy  Shipping  Projects  Logistics  Commercial  Ports & Terminals  Oil and Gas  Construction  Houston  USA & Canada  SUSTAINABILITY HUB  Sustainability in Energy Transition  Sustainability in Regulation  Sustainability in infrastructure and construction 
• Subjects: pre-condition or performance condition, does it matter?
  27/05/2022
  Read more about Subjects: pre-condition or performance condition, does it matter?
  In commodities trading, it is quite common to find an agreement expressed as being "subject to" something. Notable examples include "subject to contract" and "subject to obtaining a licence". In this briefing, we consider what these terms mean and what effect they have on the parties, their relationship and their obligations. Sector/service Joins: Commodities  Working Worldwide 
• New form on the block – Shipsale 22 a BIMCO standard contract for sale and purchase of vessels
  25/05/2022
  Read more about New form on the block – Shipsale 22 a BIMCO standard contract for sale and purchase of vessels
  On 21 April 2022, BIMCO released the new “SHIPSALE 22” Memorandum of Agreement; a standard form of contract on which parties can sell and purchase their vessels. This is a much-needed addition to the BIMCO family and it provides a logical and comprehensive approach to sale and purchase transactions. Sector/service Joins: Shipping  London 
• Collision in the Singapore Strait: A Precautionary tale!
  25/05/2022
  Read more about Collision in the Singapore Strait: A Precautionary tale!
  Commentary on the latest collision judgment from the English Admiralty Court. Sector/service Joins: Shipping  Singapore  London  Asia Pacific 
• Piracy in the Gulf of Guinea – New Legislation in Nigeria
  23/05/2022
  Read more about Piracy in the Gulf of Guinea – New Legislation in Nigeria
  Nigeria introduces new law to go after terrorists and their financiers. Sector/service Joins: Shipping  Commodities  Energy  Insurance & Reinsurance  Dispute Resolution  Oil and Gas  London  Paris  Geneva  Piraeus  Houston  Africa 
• Quincecare Duty: Privy Council Rules that Duty of Care is not owed to Non-Customers of a Bank
  19/05/2022
  Read more about Quincecare Duty: Privy Council Rules that Duty of Care is not owed to Non-Customers of a Bank
  On 12 May 2022, the Privy Council handed down the judgment in Royal Bank of Scotland International Ltd v JP SPC 4 and another [2022] UKPC 18, confirming that banks do not owe a duty of care to non-customers who have been victims of fraud, even where the fraud was committed through an account with that bank. HFW's Rick Brown, Andrew Williams and Nicola Gare discuss the above and what this means for the future of the Quincecare duty. Sector/service Joins: Dispute Resolution  Financial Institutions  London  Financial Services Regulation  Commercial  Fraud and Insolvency 
• Sustainability Series: Part 4 – Air Freight
  16/05/2022
  Read more about Sustainability Series: Part 4 – Air Freight
  Over the last few weeks, we have explored the way that road, rail and sea freight operators are gearing up to tackle climate change. We turn now to the air freight sector, which faces some unique challenges on the path to net zero. Sector/service Joins: Logistics  Aerospace  SUSTAINABILITY HUB  Sustainability in transport  Energy  London 
• The FCA’S First Foray Into Account Forfeiture Orders
  12/05/2022
  Read more about The FCA’S First Foray Into Account Forfeiture Orders
  On 21 April 2022, the Financial Conduct Authority (‘FCA’) secured its first account forfeiture order for a sum of £2,000,000 against QPay Europe Limited (‘QPay’). Sector/service Joins: Commodities  Global Investigations and White Collar Defence  London 
• Brexit dividend - Free Trade Agreement with India?
  12/05/2022
  Read more about Brexit dividend - Free Trade Agreement with India?
  Negotiations for a Free Trade Agreement between the UK and India are currently under way, with negotiations expected to conclude by the end of 2022 and potentially by October 2022. In light of the UK’s exit from the European Union (Brexit), we analyse the prospects for UK-India trade and identify key considerations for Indian and UK businesses. Sector/service Joins: International Trade Regulation  Paris  Indian Sub-continent 
• Boris Becker: A Lesson under the Insolvency Act 1986
  04/05/2022
  Read more about Boris Becker: A Lesson under the Insolvency Act 1986
  Boris Becker has been sentenced to two and a half years in prison in relation to the four criminal charges he was convicted of under the Insolvency Act 1986. Sector/service Joins: Dispute Resolution  Commercial  Financial Services Regulation  Corporate  Fraud and Insolvency  London 
• How To Prepare For And Deal With A Dawn Raid Or Search
  04/05/2022
  Read more about How To Prepare For And Deal With A Dawn Raid Or Search
  How to prepare for and deal with a Dawn Raid or Search conducted by the Police, Serious Fraud Office or Financial Conduct Authority in the UK Sector/service Joins: Global Investigations and White Collar Defence  Commodities  London 
• How To Respond To A Notice Compelling The Provision Of Documents And/Or Information
  04/05/2022
  Read more about How To Respond To A Notice Compelling The Provision Of Documents And/Or Information
  How to respond to a notice requiring the production of documents Sector/service Joins: Global Investigations and White Collar Defence  Commodities  London 
• Privacy awareness week: Is your personal information protected?
  03/05/2022
  Read more about Privacy awareness week: Is your personal information protected?
  In this article, we look at some of the key cases that have emerged in the privacy law space that should be on the radar of corporate employers, either because they relate to employees or they reflect matters which could arise in the employment context. Sector/service Joins: Employment  Australia 
• Electronic trading documents: possession is 9/10ths of the law
  20/04/2022
  Read more about Electronic trading documents: possession is 9/10ths of the law
  The UK Law Commission has published its much anticipated report and draft Bill on electronic trade documents. At just seven sections long, the Bill is very short. However if it becomes law, it could herald a seismic shift in international trade because it will enable trade documents in electronic form to be used in the same way as their paper equivalents under English law. Sector/service Joins: Commodities  Finance  Digital Trade  London  Working Worldwide 
• Sustainability Series: Part 3 – Sea Freight
  19/04/2022
  Read more about Sustainability Series: Part 3 – Sea Freight
  As Parts 1 and 2 of this Sustainability Series set out,^1,2 the transport sector is facing mounting pressure to reduce emissions due to the global climate crisis. Sector/service Joins: Energy  Logistics  London  SUSTAINABILITY HUB  Sustainability in transport 
• Sanctions enforcement a high government priority at a time of increased risk of breaches
  30/03/2022
  Read more about Sanctions enforcement a high government priority at a time of increased risk of breaches
  Sanctions are front page news resulting from the Russian invasion of Ukraine and the deluge of sanctions imposed globally since. At the same time, the hitherto relatively benign UK sanctions enforcement environment has changed with attendant risk for companies and individuals. Sector/service Joins: Global Investigations and White Collar Defence  Commodities  London 
• U.S. Virgin Islands announces the first international U.S. flag open ship registry and ambitious plan to energize the U.S. commercial maritime sector
  28/03/2022
  Read more about U.S. Virgin Islands announces the first international U.S. flag open ship registry and ambitious plan to energize the U.S. commercial maritime sector
  On February 1, 2022 the Governor of the U.S. Virgin Islands (USVI) signed an agreement with the Northeast Maritime Institute’s Center for Ocean Policy and Economics (COPE) to establish the first international open ship registry in the United States. Sector/service Joins: Shipping  Logistics  Ports & Terminals  Government Services  Houston  USA & Canada 
• Philipp: A Quincecare lifeline to retail banking customers?
  22/03/2022
  Read more about Philipp: A Quincecare lifeline to retail banking customers?
  In a somewhat unexpected judgment that widens the scope of the duty of care banks owe to their customers, the English Court of Appeal has held that the duty of care established in Barclays Bank Plc v Quincecare Ltd [1992] 4 All ER 363 (the Quincecare Duty) can apply to individuals. Sector/service Joins: Dispute Resolution  Financial Institutions  Financial Services Regulation  Commercial  Fraud and Insolvency 
• Sanctions de l'UE en lien avec la situation en Ukraine - synthese au 21 mars 2022 (Russie)
  22/03/2022
  Read more about Sanctions de l'UE en lien avec la situation en Ukraine - synthese au 21 mars 2022 (Russie)
  En réaction au conflit russo-ukrainien, de nouvelles mesures restrictives ont été adoptées par l'Union Européenne envers la Russie. Sector/service Joins: International Trade Regulation  EU, Competition and Trade Regulatory  Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  Finance  Financial Institutions  Mining  Commercial  Oil and Gas  Paris  Eastern Europe & Russia 
• GAFTA: Assessment of damages for non-acceptance under the default clause
  17/03/2022
  Read more about GAFTA: Assessment of damages for non-acceptance under the default clause
  The GAFTA Default Clause governs what is the measure of damages payable in default of fulfilment of the contract by either party. The recent decision in Sharp Corp Ltd v. Viterra BV [2022] EWHC 354 (Comm) concerned an appeal to the High Court on the GAFTA Board of Appeal's decision on the quantum of damages payable under the Default Clause in GAFTA Contract No. 24. It was held that the "actual or estimated value of the goods, on the date of default" is to be assessed on the basis of a notional substitute contract on the same terms, rather than the value of the relevant goods in the market at the discharge port. Sector/service Joins: Commodities 
• All on Board: The Biden Administration, FMC and DOJ Focus on Ocean Shipping, Prices and Supply Chain
  16/03/2022
  Read more about All on Board: The Biden Administration, FMC and DOJ Focus on Ocean Shipping, Prices and Supply Chain
  Ocean shipping remains center stage as the Biden Administration continues to focus on the supply chain and related costs. On February 28, 2022, the Biden Administration issued a Fact Sheet entitled "Lowering Prices and Leveling the Playing Field" summarizing the Administration's current view on the ocean freight transportation system. Sector/service Joins: Shipping  Logistics  International Trade Regulation  Commercial 
• Unexplained Wealth Orders 2.0
  16/03/2022
  Read more about Unexplained Wealth Orders 2.0
  Changes to the law do not overcome problems UK has in recovering claimed criminal property Sector/service Joins: Global Investigations and White Collar Defence  Commodities  London 
• Is Climate Change the New Standard for Oil and Gas Permits? Court's decision revokes oil and gas lease sale
  15/03/2022
  Read more about Is Climate Change the New Standard for Oil and Gas Permits? Court's decision revokes oil and gas lease sale
  A district court recently held that the failure to consider climate change was legally sufficient to cancel the largest offshore oil and gas lease sale in US history. Sector/service Joins: Energy  Commodities  Oil and Gas  Shipping  Houston 
• Sanctions de l'UE en lien avec la situation en Ukraine - synthese au 11 mars 2022 (Russie)
  15/03/2022
  Read more about Sanctions de l'UE en lien avec la situation en Ukraine - synthese au 11 mars 2022 (Russie)
  En réaction au conflit russo-ukrainien, de nouvelles mesures restrictives ont été adoptées par l'Union Européenne envers la Russie. Sector/service Joins: International Trade Regulation  EU, Competition and Trade Regulatory  Aerospace  Construction  Energy  Insurance & Reinsurance  Shipping  Finance  Financial Institutions  Logistics  Commercial  International Trade Regulation  Oil and Gas  Paris  Eastern Europe & Russia 
• Sanctions de l'UE en lien avec la situation en Ukraine - synthese au 11 mars 2022 (Biélorussie)
  15/03/2022
  Read more about Sanctions de l'UE en lien avec la situation en Ukraine - synthese au 11 mars 2022 (Biélorussie)
  En réaction au conflit russo-ukrainien, de nouvelles mesures restrictives ont été adoptées par l'Union Européenne envers la Biélorussie. Sector/service Joins: International Trade Regulation  EU, Competition and Trade Regulatory  Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  Finance  Financial Institutions  Logistics  Commercial  Oil and Gas  Paris  Eastern Europe & Russia 
• Understanding the overnight freefall in the value of ACCUs: Who stands to win and lose from surprise announcement affecting the emissions reductions fund?
  11/03/2022
  Read more about Understanding the overnight freefall in the value of ACCUs: Who stands to win and lose from surprise announcement affecting the emissions reductions fund?
  The Federal Government made significant changes to the Emissions Reduction Fund (ERF) on 4 March 2022. The amendments came by surprise and sent the price of Australian Carbon Credit Units (ACCUs) into freefall. It has been widely criticised by stakeholders as benefitting a few existing players in the carbon market while making emerging carbon projects unviable. Sector/service Joins: Commodities  Energy  Australia  SUSTAINABILITY HUB  Sustainability in Energy Transition 
• “Reasonableness” of late payment and “insurable interest”: the court clarifies a couple of bugbears
  10/03/2022
  Read more about “Reasonableness” of late payment and “insurable interest”: the court clarifies a couple of bugbears
  The first reported judgment considering whether insurers are liable to pay damages for late payment of an indemnity was handed down recently. The case of Quadra Commodities S.A. v XL Insurance and others [2022] EWHC 431 (Comm) considered key issues relating to both insurable interest, and the application of S.13A Insurance Act 2015. The judgment provides some clarity on what constitutes a 'reasonable time' for insurers to pay a claim under S.13A(1), and considers when insurers can rely on S.13A(4) to negate their liability for delayed payment. Sector/service Joins: Insurance & Reinsurance  London 
• Widening the net: metals repo fraud, rescission and bringing claims in tort
  08/03/2022
  Read more about Widening the net: metals repo fraud, rescission and bringing claims in tort
  The English Commercial Court has handed down judgment¹  in another metals fraud, this time involving forged warehouse receipts used in contracts for the sale and repurchase of nickel. The case is unusual because having rescinded the contracts in question, the claimant broker sought to recover its losses from a large number of defendants by means of claims in tort, rather than in contract. Sector/service Joins: Commodities  Working Worldwide  London 
• What the evolving landscape of ESG means for fraud and insolvency practitioners
  07/03/2022
  Read more about What the evolving landscape of ESG means for fraud and insolvency practitioners
  The recognition of ESG issues, and the establishment of a coherent ESG strategy, are increasingly important for businesses and government bodies alike. Reputational considerations and the threat of court litigation will require organisations to embed ESG into their operations in order to survive and stay competitive. However, a failure to consider ESG issues may lead to the restructuring or demise of a company. And the rise of ESG on the corporate agenda and the pressure that entails will mean that instances of ESG-related fraud will inevitably increase. Sector/service Joins: Commodities  Construction  Aerospace  Energy  Insurance & Reinsurance  Shipping  EU, Competition and Trade Regulatory  Corporate  Dispute Resolution  Finance  Projects  Financial Institutions  Logistics  Mining  Ports & Terminals  Financial Services Regulation  Commercial  International Trade Regulation  Employment  Fraud and Insolvency  Oil and Gas  Government Services  Data Protection  Digital Trade  Cyber Security  Global Investigations and White Collar Defence  London  Houston  SUSTAINABILITY HUB 
• EU Sanctions In Response To The Situation In Ukraine (Note up to date as of 28 February 2022)
  07/03/2022
  Read more about EU Sanctions In Response To The Situation In Ukraine (Note up to date as of 28 February 2022)
  Following Russia's decision to recognise the Donetsk and Luhansk Oblast areas as independent entities and to unilaterally attack Ukraine, the European Union introduced new restrictive measures on 23, 25, and 28 February 2022 to strengthen their arsenal of sanctions against Russia. Sector/service Joins: EU, Competition and Trade Regulatory  Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  Finance  Financial Institutions  Logistics  Commercial  International Trade Regulation  Oil and Gas  Paris  Eastern Europe & Russia 
• Sanctions de l'UE en lien avec la situation en Ukraine (sythese au 28 Fevrier 2022)
  07/03/2022
  Read more about Sanctions de l'UE en lien avec la situation en Ukraine (sythese au 28 Fevrier 2022)
  A la suite de la décision russe de reconnaître comme des entités indépendantes les zones des oblasts de Donetsk et de Louhansk et d'attaquer unilatéralement l'Ukraine, l'Union européenne a institué de nouvelles mesures restrictives les 23, 25 et 28 février 2022, pour renforcer l'arsenal de sanctions contre la Russie. Sector/service Joins: EU, Competition and Trade Regulatory  International Trade Regulation  Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  Finance  Financial Institutions  Logistics  Commercial  Oil and Gas  Paris  Eastern Europe & Russia 
• Dubai International Arbitration Centre issues its new and long awaited Arbitration Rules
  04/03/2022
  Read more about Dubai International Arbitration Centre issues its new and long awaited Arbitration Rules
  Following some uncertainty in the aftermath of Dubai Decree No. 34 of 2021 (Decree No. 34), the Dubai International Arbitration Centre (DIAC) has now issued its long-awaited Arbitration Rules 2022 (the Rules). The Rules come into force on 21 March 2022 Sector/service Joins: Dispute Resolution  Dubai 
• The renewable energy CfD and international trade: is the supply chain plan the weakest link?
  02/03/2022
  Read more about The renewable energy CfD and international trade: is the supply chain plan the weakest link?
  The media coverage of the latest UK allocation round for renewables contracts for differences (CfDs) takes for granted that a subsidy is involved, as do government statements. But these statements also publicise the record-low prices and the fact that the scheme protects (rather than is funded by) the UK energy consumer. Sector/service Joins: Energy  EU, Competition and Trade Regulatory  Finance  Projects  Commercial  International Trade Regulation  London  SUSTAINABILITY HUB  Sustainability in Regulation  Sustainability in Energy Transition  Sustainability in Finance  Sustainability in infrastructure and construction 
• Sustainability Series: Part 2 – Rail Freight Transport
  01/03/2022
  Read more about Sustainability Series: Part 2 – Rail Freight Transport
  The transport sector accounts for around 21% of global greenhouse gas emissions¹ and 23% of the world’s energy related carbon dioxide emissions. As such, the transport sector globally is pivotal in a meaningful shift towards renewable energy and the fight against climate change. Sector/service Joins: Logistics  Energy  London  SUSTAINABILITY HUB  Sustainability in transport 
• UK Aviation Consumer Policy Reform: What airlines need to know
  01/03/2022
  Read more about UK Aviation Consumer Policy Reform: What airlines need to know
  On 31 January 2022 the UK Government opened a consultation¹ entitled “Reforming aviation consumer policy: protecting air passenger rights”. This briefing sets out its key points and comments on how airlines might wish to consider responding. Sector/service Joins: Aerospace  Dispute Resolution  London  Paris  Brussels  Dubai  Hong Kong  Singapore  Houston  Working Worldwide  Africa  Asia Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Australia 
• Has Putin torn up your contracts?
  24/02/2022
  Read more about Has Putin torn up your contracts?
  Matters have been moving at pace in the Ukraine in recent weeks, culminating in the movement of Russian troops into Donetsk and Luhansk on 22 February 2022. Whilst the conflict does not, at the moment, directly involve the USA or other western powers, there has certainly already been support behind the scenes and it is unknown how matters might develop. A direct declaration of war by a Western power against Russia is unlikely, but there are enough examples over the years of countries having "undeclared" wars i.e. wars without a formal declaration. If the situation continues to deteriorate in the coming weeks, greater involvement of the UN, NATO or a coalition of western forces acting outside of the UN or NATO may well be within the realms of possibility. If this were to happen, what does this mean for your contracts? Sector/service Joins: Shipping  Commodities  Insurance & Reinsurance  EU, Competition and Trade Regulatory  Logistics  Commercial 
• Self-Reporting the infringement of trade-secrets
  16/02/2022
  Read more about Self-Reporting the infringement of trade-secrets
  HFW acted in the first reported case of the English High Court making a publicity order¹ under the Trade Secrets (Enforcement etc) Regulations 2018 (Regulations). The order required the defendant to publish the court's decision on its own website. Sector/service Joins: Dispute Resolution  London 
• Supreme court of Texas adopts exception to eight corners rule
  15/02/2022
  Read more about Supreme court of Texas adopts exception to eight corners rule
  Sector/service Joins: Insurance & Reinsurance  Houston 
• HFW Client Defeats Claim of Seaman Status Using New Sanchez Factors
  14/02/2022
  Read more about HFW Client Defeats Claim of Seaman Status Using New Sanchez Factors
  In Sanchez v. Smart Fabricators of Texas, LLC, 997 F.3d 564 (5th Cir. 2021), the en banc U.S. Fifth Circuit Court of Appeals clarified the judicial test for seaman status under the Jones Act. Sector/service Joins: Shipping  Energy  Insurance & Reinsurance  Dispute Resolution  Oil and Gas  Houston  USA & Canada 
• РОСТ ЦЕН НА ГАЗ И ВЛИЯНИЕ НА КЛЮЧЕВЫЕ ПОЛОЖЕНИЯ ДОГОВОРОВ КУПЛИ-ПРОДАЖИ
  11/02/2022
  Read more about РОСТ ЦЕН НА ГАЗ И ВЛИЯНИЕ НА КЛЮЧЕВЫЕ ПОЛОЖЕНИЯ ДОГОВОРОВ КУПЛИ-ПРОДАЖИ
  Товарные рынки испытывают резкие колебания цен, будь то металлы, сельскохозяйственные товары или энергоносители. Различные последствия пандемии Covid-19, нарушение цепочки поставок и уникальная погодная активность привели к рекордным взлетам и падениям цен. Sector/service Joins: Commodities 
• HFW LITIGATION: Consultation on Singapore Mediation Convention
  11/02/2022
  Read more about HFW LITIGATION: Consultation on Singapore Mediation Convention
  Of interest to commercial parties who engage in or would prefer to engage in mediation to resolve their disputes, will be the UK government's newly launched Consultation seeking views on whether the UK should join the Singapore Convention on the enforcement of mediation settlement agreements. Sector/service Joins: Dispute Resolution  London  LITIGATION HUB 
• The New Commercial Court Guide
  09/02/2022
  Read more about The New Commercial Court Guide
  This briefing examines the changes brought in by the 11th edition of the English Admiralty and Commercial Court Guide, which has just been published, with a focus on the changes to the Commercial Court practice. Sector/service Joins: Dispute Resolution  London  LITIGATION HUB 
• Service by email in Brazil
  08/02/2022
  Read more about Service by email in Brazil
  Brazil overhauls its business law and introduces service of process by email. Sector/service Joins: Aerospace  Latin America  LITIGATION HUB 
• Brazil deregulates international flights and simplifies operations for foreign airlines
  02/02/2022
  Read more about Brazil deregulates international flights and simplifies operations for foreign airlines
  Brazil has introduced new legislation, which will make it significantly easier for foreign airlines to operate in Brazil. Sector/service Joins: Aerospace  Latin America  COVID-19 HUB 
• Gas price rises and the impact on key clauses in sale and purchase contracts
  02/02/2022
  Read more about Gas price rises and the impact on key clauses in sale and purchase contracts
  Commodities markets are experiencing extreme price fluctuations, whether in metals, agri-commodities or energy. The various effects of the Covid-19 pandemic, supply chain disruption and unique weather activity have led to record price highs and lows. Sector/service Joins: Commodities  Working Worldwide 
• Brazilian Government enacts new Cabotage Act (BR do Mar)
  01/02/2022
  Read more about Brazilian Government enacts new Cabotage Act (BR do Mar)
  On 10 January 2022, the Brazilian President sanctioned Law No. 14.301/2022, the “Cabotage Act”, with the aim of diversifying Brazil’s transportation services through increased incentives, locally known as BR do Mar. Sector/service Joins: Shipping  Insurance & Reinsurance  Logistics  Ports & Terminals  Commercial  Oil and Gas  Latin America 
• Automated Vehicles - No time to be asleep at the wheel
  01/02/2022
  Read more about Automated Vehicles - No time to be asleep at the wheel
  On 26 January 2022, the Law Commission of England and Wales, and the Scottish Law Commission (together, the 'Commissions') published a joint report (the 'Report') on their proposed legal reforms required for the safe and responsible introduction of automated vehicles ('AVs') on UK roads. The Report is the result of a wide-ranging three round consultation process, incorporating feedback from hundreds of relevant stakeholders. Sector/service Joins: Energy  Logistics  London 
• Putin in the sanctions cross-hair
  28/01/2022
  Read more about Putin in the sanctions cross-hair
  As troops amass on Ukraine's borders, Western powers are attempting to change Russia's calculus of risk. Boris Johnson has threatened 'unprecedented sanctions', the EU has warned of 'massive consequences and severe costs', while the US has committed to 'respond decisively.' Sector/service Joins: Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  EU, Competition and Trade Regulatory  Projects  Mining  International Trade Regulation  Oil and Gas  London  Geneva  Houston  Eastern Europe & Russia 
• Autonomous Ships: Known Knowns and Known Unknowns
  27/01/2022
  Read more about Autonomous Ships: Known Knowns and Known Unknowns
  In our August 2021 bulletin¹, we discussed various developments across the Maritime Autonomous Surface Ships (MASS) industry. Sector/service Joins: Shipping  Digital Trade  Logistics  Ports & Terminals  London 
• Sanctions against Russia: are you prepared?
  25/01/2022
  Read more about Sanctions against Russia: are you prepared?
  The escalating situation on the border between Ukraine and Russia has already led to calls for international trade sanctions to be imposed. So what might those sanctions look like and how can businesses prepare? Sector/service Joins: International Trade Regulation  Aerospace  Construction  Commodities  Energy  Insurance & Reinsurance  Shipping  EU, Competition and Trade Regulatory  Projects  Mining  Oil and Gas  London  Geneva  Houston  Eastern Europe & Russia 
• GAFTA - Effective notice of arbitration
  25/01/2022
  Read more about GAFTA - Effective notice of arbitration
  A recent challenge to a GAFTA arbitration award under section 67 of the Arbitration Act 1996, on grounds of lack of jurisdiction, offers a useful reminder of the importance of serving an effective notice of arbitration. Sector/service Joins: Commodities  London  Working Worldwide 
• Quelques questions assurantielles posées par la nouvelle réglementation applicable aux draisiennes électriques et autres
  21/01/2022
  Read more about Quelques questions assurantielles posées par la nouvelle réglementation applicable aux draisiennes électriques et autres
  La micro-mobilité continue de gagner du terrain ! Si les années récentes ont été marquées par l'émergence de nouveaux moyens de mobilité et en particulier de la trottinette électrique et du gyroroue, le marché continue d'évoluer. Sector/service Joins: Insurance & Reinsurance  Paris 
• Towards low-carbon transport: latest amendments to the UK's RTFO regime
  19/01/2022
  Read more about Towards low-carbon transport: latest amendments to the UK's RTFO regime
  The Renewable Transport Fuel Obligations (Amendment) Order 2021 (the "2021 Amendment Order"), which came into force on 1 January 2022, makes important changes to the UK's renewable transport fuel obligation ("RTFO") regime Sector/service Joins: Commodities  EU, Competition and Trade Regulatory  SUSTAINABILITY HUB  Sustainability in transport 
• Sustainability Series: Part 1 – Road Freight Transport
  18/01/2022
  Read more about Sustainability Series: Part 1 – Road Freight Transport
  As the world is facing a global climate crisis pressure is building on industries to do what they can to reduce emissions¹. Today, the transport sector accounts for around 21% of global greenhouse gas emissions, 64% of all global oil consumption, 27% of all energy use and 23% of the world’s energy related carbon dioxide emissions². Sector/service Joins: Logistics  Sustainability in transport  SUSTAINABILITY HUB  Energy 
• Spire v RSA - Round 4: Court of Appeal considers aggregation wording
  18/01/2022
  Read more about Spire v RSA - Round 4: Court of Appeal considers aggregation wording
  The Court of Appeal has given judgment on the wording of an aggregation clause found commonly in many types of policy wordings (Spire Healthcare Limited v Royal & Sun Alliance Insurance Limited). The effect of the clause was to aggregate "all claims consequent on or attributable to one source or original cause". The judgment confirms existing case law that this wording will aggregate claims on a wide basis, and permits a broad search for a unifying factor.  Sector/service Joins: Insurance & Reinsurance  London 
• Unfair prejudice petitions - Its not personal
  13/01/2022
  Read more about Unfair prejudice petitions - Its not personal
  In a recent judgment, the Court of Appeal has confirmed that, for personal actions to be pleaded in support of an unfair prejudice petition, there must be a causal link between these actions and the company's affairs. The judgment, from England and Wales's second highest court, provides important guidance to potential claimants on the scope of unfair prejudice petitions Sector/service Joins: Commodities  Corporate  Dispute Resolution  London  LITIGATION HUB 
• Renewable energy contract for differences new supply chain rules: From aspiration to commitment
  05/01/2022
  Read more about Renewable energy contract for differences new supply chain rules: From aspiration to commitment
  The UK government’s press release described Allocation Round (AR4), which opened on 13 December 2021 in the UK, as the biggest ever bid round for renewable energy contracts for differences (CfD). Sector/service Joins: Energy  London  Finance  Projects  Commercial  SUSTAINABILITY HUB 
• ECJ clarifies scope of EU Blocking Regulation and requirement not to comply with US secondary sanctions
  22/12/2021
  Read more about ECJ clarifies scope of EU Blocking Regulation and requirement not to comply with US secondary sanctions
  In a significant judgment, the ECJ has confirmed that Article 5 of the EU Blocking Regulation may found a civil claim from parties affected by such compliance. Where there is a prima facie case that a party has acted in order to comply with US extra-territorial sanctions, the onus will shift to the party seeking to defend such a claim to show that they did not act to comply with such sanctions. This makes walking the tightrope between the EU Blocking Regulation and US secondary sanctions all the more difficult. Sector/service Joins: EU, Competition and Trade Regulatory  International Trade Regulation  London 
• Comprehensively Yachts - HFW Yachting Industry Briefing, December 2021
  20/12/2021
  Read more about Comprehensively Yachts - HFW Yachting Industry Briefing, December 2021
  The yachting industry continues to boom on all fronts and the volume of new building contracts, design contracts and sale and purchase transactions handled by the HFW yacht team shows no sign of abatement. We have been involved in a significant proportion of the largest new building and sale and purchase projects to come to market in 2021 and, though there are concerns in some quarters as to the sustainability of the current market, for now at least it remains all hands on deck to service demand. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport  Monaco  London  Paris  Piraeus  Dubai  Hong Kong  Shanghai  Sydney  Melbourne  Singapore  Middle East  Asia Pacific 
• Limitation of liability for parties other than owners, charterers or managers: who is an
  20/12/2021
  Read more about Limitation of liability for parties other than owners, charterers or managers: who is an
  The English Court of Appeal have considered the meaning of the word "operator" under the Limitation Convention. Narrowing the meaning of the term, the Court held that an "operator" must be involved in the management or control of the vessel, and not simply provide crew. Sector/service Joins: Shipping  Commodities  Energy  Dispute Resolution  Logistics  Ports & Terminals  Oil and Gas  London  Paris 
• European Commission proposes a new anti-coercion Regulation to counter economic coercion by third countries
  15/12/2021
  Read more about European Commission proposes a new anti-coercion Regulation to counter economic coercion by third countries
  The European Commission (Commission) has proposed a draft Regulation (Regulation) to counter the use of economic coercion by third countries against the European Union (EU) or individual EU Member States. The Regulation would empower the Commission to take such measures as imposing tariffs, quotas, restricting access to EU financial markets and restricting intellectual property protection on a non-EU nation, its businesses and nationals where it has engaged in economic coercion with a view to influencing the policy choices of an EU Member State. Sector/service Joins: EU, Competition and Trade Regulatory  London  Paris  Brussels  Piraeus 
• Advance payments, force majeure and buyer's rights: common sense prevails
  09/12/2021
  Read more about Advance payments, force majeure and buyer's rights: common sense prevails
  In a recent judgment, the Court of Appeal held that the natural reading of a particular provision in a force majeure clause was that a buyer had a right of repayment of advance payments in circumstances where the goods had not been delivered and the seller had declared force majeure. Where there were two possible constructions of such a clause, the Court would choose the one which did not offend business common sense. Sector/service Joins: Commodities  Finance  Working Worldwide 
• Policy Non-Avoidance Clause defeats estoppel based on non-fraudulent representation as well as defeating misrepresentation
  08/12/2021
  Read more about Policy Non-Avoidance Clause defeats estoppel based on non-fraudulent representation as well as defeating misrepresentation
  The Court of Appeal judgment in ABN Amro Bank v RSA and others and Edge Insurance Brokers [2021] EWCA Civ 1789 relates to the construction of a trade credit clause and the effect of an (inaccurate) "as expiry" representation made by the broker. In issue was whether a standard non-avoidance clause prevented insurers not only from relying on misrepresentation in relation to the trade credit clause, but also prevented them from founding an estoppel based on the same misrepresentation, which would otherwise preclude the insured from enforcing the clause.  Sector/service Joins: Insurance & Reinsurance  London 
• Shipowner's Right to a General Average Ransom Recovery confirmed by the Court of Appeal
  02/12/2021
  Read more about Shipowner's Right to a General Average Ransom Recovery confirmed by the Court of Appeal
  The Court of Appeal reviews the principles to apply when considering whether charterparty terms are incorporated into bills of lading, and confirms that General Average recovery from cargo interests for piracy losses is not blocked by bill of lading terms. Sector/service Joins: Shipping  Insurance & Reinsurance  Commodities  Dispute Resolution  London 
• European Commission introduces a draft law seeking to ban imports and exports of commodities from regions at risk of deforestation
  30/11/2021
  Read more about European Commission introduces a draft law seeking to ban imports and exports of commodities from regions at risk of deforestation
  The European Commission (Commission) has introduced a draft law which would ban the import and export of six core agricultural commodities to and from the European Union (EU) – beef, soya, palm oil, coffee, cocoa and timber- where these products have been linked to deforestation. The draft law would require companies to prove that the products they are importing into or exporting from the EU single market have not contributed to the processes of deforestation and forest degradation. Sector/service Joins: Commodities  EU, Competition and Trade Regulatory  Commercial  International Trade Regulation  London  Paris  Geneva  Brussels  Singapore  Africa  Asia Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Australia  SUSTAINABILITY HUB  Sustainability in Regulation 
• The Liberalisation of the Brazilian Insurance Market in Three Sections
  30/11/2021
  Read more about The Liberalisation of the Brazilian Insurance Market in Three Sections
  There have been a number of milestones in the liberalisation and de-regulation of insurance in Brazil, which are key for the international market. In this briefing we set out developments in more detail. Sector/service Joins: Insurance & Reinsurance  Aerospace  London  Latin America 
• Built in the USA? Coast Guard Issues Determination on US Built Offshore Wind Vessel
  26/11/2021
  Read more about Built in the USA? Coast Guard Issues Determination on US Built Offshore Wind Vessel
  Significant expansion of the offshore wind energy industry in the United States is expected to fuel a variety of commercial sectors. The U.S. shipbuilding industry is a key sector that is poised for growth due to Jones Act requirements that coastwise qualified vessels be built in a U.S. shipyard. To meet the anticipated requirements for installing and servicing U.S. offshore wind farms, coastwise qualified vessels will be needed. A recent decision by the U.S. Coast Guard's National Vessel Documentation Center (NVDC) provides insight on how stakeholders can comply with the Jones Act's U.S. built requirement. Sector/service Joins: Shipping  Houston 
• Quincecare duty applied by the DIFC Courts
  25/11/2021
  Read more about Quincecare duty applied by the DIFC Courts
  Justin Whelan (Partner, Abu Dhabi) and Thomas Neighbour (Senior Associate, Dubai) recently successfully acted for a claimant company before the DIFC Courts, in what we believe is the first DIFC judgment on these points, the court examined both business email compromise and Quincecare for the first time. The judgment will be of interest to financial institutions and their customers. Sector/service Joins: Cyber Security  Dispute Resolution  Fraud and Insolvency  Dubai  Abu Dhabi  Middle East 
• COP 26: Article 6 and its impact on voluntary markets
  24/11/2021
  Read more about COP 26: Article 6 and its impact on voluntary markets
  After 5 years of trying, COP26 delivered the final piece of the jigsaw for the operationalisation of the Paris Agreement. The final verdict requires for corresponding adjustments to be applied regardless of whether an abatement activity falls inside a country’s national determined contribution (NDC) or outside of its NDC, for both Article 6.2 and Article 6.4 transactions. However, the Paris Agreement does not mandate for voluntary carbon units issued by voluntary standards to be subject to a corresponding adjustment. Sector/service Joins: Commodities  Energy  Finance  SUSTAINABILITY HUB 
• Bliss for charterers - Court of Appeal rules in next round of The Eternal Bliss
  22/11/2021
  Read more about Bliss for charterers - Court of Appeal rules in next round of The Eternal Bliss
  The Court of Appeal has reversed the decision of the court at first instance in The Eternal Bliss. We discuss the latest twists and turns in this momentous demurrage case and its impact for the shipping industry. Sector/service Joins: Shipping  London 
• New Director Identification Number Requirements
  16/11/2021
  Read more about New Director Identification Number Requirements
  From 1 November 2021, all Australian Directors will now need to apply for a Director Identification Number (DIN). This applies if you're a director, or alternative director acting in that capacity, of a company, registered Australian body, registered foreign company under the Corporations Act or Aboriginal and Torres Strait Islander corporation registered under the CATSI Act. Sector/service Joins: Corporate  Australia  Asia Pacific 
• From Supercycle to Supermayhem Commodities Trading in a Volatile Market
  12/11/2021
  Read more about From Supercycle to Supermayhem Commodities Trading in a Volatile Market
  With commodities markets currently experiencing extreme price fluctuations, commodities traders face difficult challenges, both in terms of ensuring that their contracts remain profitable and due to the increased risk of their counterparties being either unable or unwilling to perform their contractual obligations. Sector/service Joins: Commodities  London 
• CMA CGM LIBRA – Stop Press! UK's Highest Court Agrees She Was Unseaworthy
  10/11/2021
  Read more about CMA CGM LIBRA – Stop Press! UK's Highest Court Agrees She Was Unseaworthy
  In the shipping industry's most anticipated judgment of recent times, the UK's highest court has today affirmed the Admiralty Court and Court of Appeal decisions that the CMA CGM LIBRA was unseaworthy due to her defective passage plan. Sector/service Joins: Shipping  London 
• Lack of enforceability: a freight-ening prospect
  10/11/2021
  Read more about Lack of enforceability: a freight-ening prospect
  The relationship between Shippers and Carriers when it comes to sea freight agreements has often been adversarial. The lack of a standardised, reliably enforceable sea freight agreement, which does not rely on the honesty of both parties, has left a gap that has often been filled by inadequately drafted agreements. Sector/service Joins: Logistics  Shipping  Energy  London 
• Saudi Arabia Central Bank draft insure tech rules
  08/11/2021
  Read more about Saudi Arabia Central Bank draft insure tech rules
  On 18 October 2021, the Saudi Arabia Central Bank (SAMA) published the draft insuretech rules (the Rules) to regulate the activities of insuretech companies within the Kingdom of Saudi Arabia (KSA). Sector/service Joins: Insurance & Reinsurance  Financial Services Regulation 
• Saudi Arabia’s Standard Insurance Policy for Medical Malpractice
  04/11/2021
  Read more about Saudi Arabia’s Standard Insurance Policy for Medical Malpractice
  The Central Bank of Saudi Arabia (the Central Bank) has announced the issuance of a model insurance policy for medical malpractice errors (the Medical Malpractice Policy), which takes effect from 1 January 2022. Sector/service Joins: Insurance & Reinsurance  Riyadh  Middle East 
• Governing law, the UK's Supreme Court gives further guidance
  02/11/2021
  Read more about Governing law, the UK's Supreme Court gives further guidance
  Analysing the Supreme Court's recent judgment on the laws applicable to governing law in where the agreement has a governing law clause, but the arbitration agreement does not. Sector/service Joins: Dispute Resolution 
• $353 million jury award in Texas and the third high-profile verdict in 2021: Will we see more in 2022?
  01/11/2021
  Read more about $353 million jury award in Texas and the third high-profile verdict in 2021: Will we see more in 2022?
  On 25 October 2021, a Texas jury awarded a $353 million verdict to a pedestrian - United Airlines wing walker Ulysses Cruz - who was struck by a van at Houston's Bush Intercontinental Airport in September 2019. Cruz was left paraplegic as a result of the accident. Cruz filed a lawsuit against Allied Aviation Fueling Co of Houston Inc (the owner of the van) and Reginald Willis (the driver of the van) in November 2019 in Houston (the "Defendants"). Sector/service Joins: Insurance & Reinsurance  London  Houston 
• COP 26: Article 6, Nationalisation Risk and what it means for voluntary markets
  27/10/2021
  Read more about COP 26: Article 6, Nationalisation Risk and what it means for voluntary markets
  Will COP26 finally deliver Article 6¹? Without it, the Paris Agreement is not fully operational. Article 6 is an important tool to enable countries to raise their Paris Agreement ambitions through market mechanisms and engage the private sector. If the next COP in Glasgow in November 2021 (COP26), fails to deliver on these long awaited Article 6 Guidelines, this meeting will be likely be considered a resounding failure. Why is this? Sector/service Joins: Commodities  Energy  Singapore  Africa  Asia Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Australia  SUSTAINABILITY HUB 
• Implications for failure to perform
  25/10/2021
  Read more about Implications for failure to perform
  Western Australia Court of Appeal dismisses appeal against judgment ordering shipbuilder to repay instalment payments in full. Sector/service Joins: Shipping  Australia 
• Hong Kong Court Stays Proceedings In Favour Of Arbitration Where No ‘Clear Intention By The Parties To Conclusively And Unreservedly Abandon The Arbitration Agreement’
  18/10/2021
  Read more about Hong Kong Court Stays Proceedings In Favour Of Arbitration Where No ‘Clear Intention By The Parties To Conclusively And Unreservedly Abandon The Arbitration Agreement’
  The Hong Kong court has re-emphasised its pro-arbitration stance by staying proceedings in favour of arbitration in circumstances where the respondent accepted the existence of an arbitration agreement but argued that the parties had agreed to abandon it in favour of litigation. Sector/service Joins: Construction  Dispute Resolution  Hong Kong  Asia Pacific 
• Teamwork in digitalisation: Avoiding an intellectual property headache
  15/10/2021
  Read more about Teamwork in digitalisation: Avoiding an intellectual property headache
  Collaboration is fundamental to energy projects, but particular care is needed where digitalisation is concerned. Intellectual property rights issues may arise from the early brainstorming stage through to implementation and even afterwards. These need consideration from a legal and contractual perspective. Sector/service Joins: Energy  Projects  Commercial  Oil and Gas  London  Paris  Dubai  Shanghai  Hong Kong  Singapore  Perth  Houston  Africa  Asia Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Australia 
• Federal Maritime Commission Announces Demurrage and Detention Initiatives
  14/10/2021
  Read more about Federal Maritime Commission Announces Demurrage and Detention Initiatives
  The Federal Maritime Commission ("FMC") recently announced that it is moving forward with two demurrage and detention related initiatives. The initiatives follow an August 2021 FMC Enforcement Inquiry into the legality and timing of ocean carrier surcharges. Sector/service Joins: Shipping  Commodities  Logistics  Ports & Terminals  Houston 
• Successful claims for breach of confidence and unlawful conspiracy
  07/10/2021
  Read more about Successful claims for breach of confidence and unlawful conspiracy
  Norwegian naval architects, Salt Ship Design A/S, have succeeded with claims against the Italian cable laying company Prysmian Powerlink Srl. for breach of confidence and unlawful conspiracy following a trial in the High Court in London. Sector/service Joins: Shipping  Dispute Resolution  London 
• The voyage to net-zero: what role can ports play?
  05/10/2021
  Read more about The voyage to net-zero: what role can ports play?
  With increasing pressure for the shipping and logistics industries to implement low or net zero carbon operations, ports are emerging as key facilitators of the drive to sustainability. This article looks at some of the initiatives which key global ports are implementing in their move towards decarbonisation and the overall trends that are emerging. Sector/service Joins: Shipping  Logistics  Ports & Terminals  SUSTAINABILITY HUB  Sustainability in transport  Sustainability in infrastructure and construction  Singapore  Hong Kong  Asia Pacific 
• Clarity given to excluded payments under the SOP act in Victoria
  30/09/2021
  Read more about Clarity given to excluded payments under the SOP act in Victoria
  The Supreme Court of Victoria has provided some clarity of the concept of 'excluded amounts' following the decision in Goldwind Australia Pty Ltd v ALE Heavylift (Australia) Pty Ltd. Sector/service Joins: Construction  Dispute Resolution  Melbourne  Sydney  Perth  Australia 
• Climate change litigation: The potential risk to Australian businesses intensifies
  29/09/2021
  Read more about Climate change litigation: The potential risk to Australian businesses intensifies
  Jo Delaney, Jo Garland and Dr Michael Maxwell explore the increase in potential risk to Australian businesses due to climate change litigation. Sector/service Joins: Energy  Dispute Resolution  Melbourne  Sydney  Perth  Australia  SUSTAINABILITY HUB 
• Trial witness statements in the Admiralty Court from 1 October 2021: Another “shot across the bow” for legal teams and clients alike
  29/09/2021
  Read more about Trial witness statements in the Admiralty Court from 1 October 2021: Another “shot across the bow” for legal teams and clients alike
  Practice Direction 57AC of the Civil Procedure Rules (CPR) seeks to remind legal teams and clients how trial witness statements should be prepared. At the heart of Practice Direction 57AC, which applies to the Admiralty Court from 1 October 2021 onwards, is the aim (continually repeated by the courts) that the court will be able to evaluate witness statements, without those statements being influenced by the “polishing” of legal teams, continual reference to documents or the need to argue the overall case. Whilst none of this is new, the Practice Direction includes some changes to underline the importance that the courts place on this objective. Sector/service Joins: Shipping  Dispute Resolution  London 
• The importance of drafting questions in insurance proposals: a reminder
  29/09/2021
  Read more about The importance of drafting questions in insurance proposals: a reminder
  In a recent judgment, Ristorante Ltd t/a Bar Massimo v Zurich Insurance plc [2021] EWHC 2538 (Ch) the court has set out the principles relating to interpretation of questions in a proposal for insurance and the extent to which those questions can lead to a waiver. The case is a reminder of the importance of clear and unambiguous drafting of questions and the form overall. Sector/service Joins: Insurance & Reinsurance  London 
• KSA: Mandates Inherent Defects Insurance Policy For Projects
  27/09/2021
  Read more about KSA: Mandates Inherent Defects Insurance Policy For Projects
  We previously reported that in 2018 the KSA Ministry of Municipality and Rural Affairs Resolution introduced a plan for a new law that would require certain construction projects within the private sector to procure inherent defects insurance.¹ Sector/service Joins: Insurance & Reinsurance  Construction  Middle East  Riyadh 
• Time to ask questions - FPSO Digitalisation
  27/09/2021
  Read more about Time to ask questions - FPSO Digitalisation
  Floating production storage and offloading ("FPSO") digitalisation promises more reliable data, new key performance indicators and near real time operation efficiency. What this should mean for the future is limitless: new designs and philosophies for operations and maintenance all resulting in improved asset performance. With much more to come, it is now time to ask questions on how all this data will be used. Sector/service Joins: Energy  Projects  Oil and Gas  Dispute Resolution  Singapore  Asia Pacific 
• Update on litigation funding regulation in Australia
  20/09/2021
  Read more about Update on litigation funding regulation in Australia
  In my article on 12 June 2020, I referred to the Government's plans to require litigation funders to obtain an Australian Financial Services License (AFSL) and to be subject to the managed investment scheme regulatory regime. I supported the reforms as a means of increasing the transparency of litigation funding arrangements, which could potentially alleviate the distrust of funders by corporates and insurers in Australia. So what has happened since then? The short answer is "a lot". Sector/service Joins: Insurance & Reinsurance  Dispute Resolution  Australia  Melbourne  Sydney  Perth 
• Produits defectueux : Vers une reforme de la directive relative a la securite generale des produits ?
  15/09/2021
  Read more about Produits defectueux : Vers une reforme de la directive relative a la securite generale des produits ?
  Entrée en vigueur en 2002¹, la Directive n° 2001/95/CE du 3 décembre 2001 relative à la sécurité générale des produits (“La Directive” ci-après) ne fêtera peut-être pas ses 20 ans : la Commission Européenne a dévoilé le 30 juin dernier un projet de Règlement Européen destiné à la remplacer, lequel est soumis à une consultation publique ouverte jusqu’au 4 octobre 2021². Sector/service Joins: Insurance & Reinsurance  Commercial  EU, Competition and Trade Regulatory  Dispute Resolution  Paris 
• Jones Act Update: Customs and border protection renders first floating offshore wind ruling
  07/09/2021
  Read more about Jones Act Update: Customs and border protection renders first floating offshore wind ruling
  For the first time, U.S. Customs and Border Protection (CBP), applied the Jones Act to a floating offshore wind turbine that will operate in the U.S. territorial sea holding that a combination of coastwise qualified and foreign-flagged vessels could be used to install a floating wind turbine without violating the Jones Act. Sector/service Joins: Shipping  Construction  Energy  Commercial  Houston  USA & Canada 
• Mixing electricity and water: Australia gets serious about regulating offshore electricity infrastructure
  07/09/2021
  Read more about Mixing electricity and water: Australia gets serious about regulating offshore electricity infrastructure
  On 2 September 2021, the Offshore Electricity Infrastructure Bill 2021 (Cth) (the Bill) was introduced into the Australian Federal Parliament. The Bill seeks to establish a regulatory framework for new offshore electricity generation and transmission infrastructure in Commonwealth waters. Sector/service Joins: Energy  Australia  SUSTAINABILITY HUB  Sustainability in Energy Transition  Sustainability in infrastructure and construction  Sustainability in Regulation 
• Electronic execution and split execution permitted by changes to corporations act
  01/09/2021
  Read more about Electronic execution and split execution permitted by changes to corporations act
  Electronic execution and split execution of documents by companies is once again permitted following temporary changes to section 127 of the Corporations Act 2001 (Cth). The changes took effect on 14 August 2021 and provide relief to companies needing to sign documents while company officers are subject to stay at home restrictions. The amendments will automatically expire on 31 March 2022. Sector/service Joins: Construction  Australia 
• Do e-bills signal the end of LOIs for Shipowners?
  31/08/2021
  Read more about Do e-bills signal the end of LOIs for Shipowners?
  Following on from our June 2021 briefing regarding the acceleration of adoption of e-bills of lading and the enabling legislative framework, this briefing looks at what these developments mean for shipowners and their insurers. Sector/service Joins: Shipping  Digital Trade  Cyber Security  Singapore  Asia Pacific 
• Managing net zero opportunities and risk – Santos
  31/08/2021
  Read more about Managing net zero opportunities and risk – Santos
  The pressure to transform our energy industry is increasing, driven by financial markets, scientific fact, changing consumer expectations, technological advancement and increasing pressure from shareholders and investors. Sector/service Joins: Energy  SUSTAINABILITY HUB  Sustainability in Energy Transition 
• Arbitration Insights: Australia. Med-Arb
  27/08/2021
  Read more about Arbitration Insights: Australia. Med-Arb
  Mediation and arbitration are commonly used dispute resolution methods. Both processes have their pros and cons and this article considers whether it is possible to combine the advantages of both in a “Med-Arb” process. Sector/service Joins: Construction  Dispute Resolution  Australia  Melbourne  Perth  Sydney 
• What is taking shape, a look into Respect@Work Legislative Reforms
  24/08/2021
  Read more about What is taking shape, a look into Respect@Work Legislative Reforms
  After being introduced to federal parliament on 24 June 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Bill) is currently before the Senate. As the Bill inches towards becoming law, we have summarised some of the key changes that will result from the Bill's passage through the parliament. Sector/service Joins: Construction  Employment  Australia 
• A new dawn has arrived with the publishing of the UK-Australia Free Trade Agreement bringing with it a renewed modern friendship​
  23/08/2021
  Read more about A new dawn has arrived with the publishing of the UK-Australia Free Trade Agreement bringing with it a renewed modern friendship​
  After nearly a year of negotiations, the United Kingdom and Australia have published an Agreement in Principle for a Free Trade Agreement (FTA). The FTA will make it the UK’s first trade agreement since leaving the European Union and it will be Australia’s most comprehensive and liberal FTA outside of its partnership with New Zealand. Sector/service Joins: Commodities  Shipping  International Trade Regulation  Australia  London  Perth  Melbourne  Sydney 
• Federal Maritime Commission Enforcement Inquiry Signals - Increased Scrutiny for Shipping Industry
  23/08/2021
  Read more about Federal Maritime Commission Enforcement Inquiry Signals - Increased Scrutiny for Shipping Industry
  The lingering effects of COVID-19 on the global supply chain and related port congestion has impacted multiple stakeholders. The container shipping industry is no exception. The Federal Maritime Commission (FMC) recently initiated an expedited Enforcement Inquiry into the legality of congestion charges, in particular demurrage and detention charges. Sector/service Joins: Shipping  Commodities  Logistics  Ports & Terminals  Houston  USA & Canada 
• Builders Beware of Expanded Risk and Rigmarole
  20/08/2021
  Read more about Builders Beware of Expanded Risk and Rigmarole
  The New South Wales parliament has introduced a new legislative regime that seeks to regulate the construction industry in an effort to promote public confidence in the construction of apartment buildings following a plethora of defects encountered over recent decades. Sector/service Joins: Construction  Projects  Australia 
• Cost consequences for failure to withdraw defective statutory demand
  19/08/2021
  Read more about Cost consequences for failure to withdraw defective statutory demand
  Creditors and debtors must take care in ascertaining whether a statutory demand is valid and complies with the legislative requirements. In circumstances where flaws are identified, parties should act quickly to resolve the deficiencies or risk having the order set aside and indemnity costs being awarded. Sector/service Joins: Commodities  Dispute Resolution  Fraud and Insolvency  Australia 
• English Court of Appeal gives guidance on when directors of insolvent companies might be liable for costs of litigation
  16/08/2021
  Read more about English Court of Appeal gives guidance on when directors of insolvent companies might be liable for costs of litigation
  In a recent judgment¹, the English Court of Appeal gives guidance on when a non-party costs order will be made against directors or shareholders of an insolvent company engaged in litigation. The judgment will be of interest to all involved in insolvency based litigation. Sector/service Joins: Dispute Resolution  London 
• Navigating ship arrests in the context of foreign insolvency proceedings
  12/08/2021
  Read more about Navigating ship arrests in the context of foreign insolvency proceedings
  The recent interim decision of the Federal Court of Australia in Michele Bottiglieri Armatore SPA, Michele Bottigliere Armatore S.P.A [2021] FCA 795 highlights the Australian courts' willingness to recognise cross-border insolvencies in the context of foreshadowed arrests of vessels entering Australian waters. Sector/service Joins: Shipping  Fraud and Insolvency  Australia 
• Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited [2021] EWCA CIV 1147
  12/08/2021
  Read more about Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited [2021] EWCA CIV 1147
  On 23 July 2021 , the Court of Appeal (Sir Geoffrey Vos, Lord Justice Baker and Lord Justice Popplewell) handed down a unanimous judgment in an appeal by Shanghai Shipyard Co Ltd (Shanghai Shipyard) to a first instance decision by Knowles J. The first instance decision followed a preliminary issues trial concerning the proper characterisation of a shipbuilding performance guarantee issued by the parent company of the buyer, Reignwood International Investment (Group) Company Limited (Reignwood). The performance guarantee in this case was for the final instalment under the shipbuilding contract of US$170M, which the buyer failed to pay. Sector/service Joins: Shipping  Dispute Resolution  Shanghai  Asia Pacific 
• Triple point: Supreme Court reverses Court of Appeal's decision on when liquidated damages can be recovered after termination
  04/08/2021
  Read more about Triple point: Supreme Court reverses Court of Appeal's decision on when liquidated damages can be recovered after termination
  In March 2019, we reported on the English Court of Appeal’s decision in Triple Point Technology Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230.¹ The Court of Appeal held that an employer could not rely on a clause imposing liquidated damages (“LDs”) for delay in circumstances when the contract was terminated. In reaching that decision, the court adopted a different position from that adopted in Hong Kong and Singapore, where LDs can be recovered up to termination (in Singapore) and beyond (in Hong Kong). Sector/service Joins: Construction  Dispute Resolution  Hong Kong  Asia Pacific 
• Keeping up with U.S. Offshore Wind
  02/08/2021
  Read more about Keeping up with U.S. Offshore Wind
  The pace of U.S. offshore wind activity is racing forward. The first half of 2021 has seen significant developments at the state and federal levels, which require a comprehensive understanding of the regulatory and legal playing field that apply to offshore projects in the U.S., in particular the Jones Act. Sector/service Joins: Shipping  Energy  Projects  Logistics  Commercial  Houston  USA & Canada  SUSTAINABILITY HUB  Sustainability in Energy Transition  Sustainability in infrastructure and construction  Sustainability in Regulation  London 
• Autonomous ships: Developments continue apace
  02/08/2021
  Read more about Autonomous ships: Developments continue apace
  In our February 2021 bulletin¹, we discussed the significant developments in Maritime Autonomous Surface Ships (MASS) and how MASS were encompassing all aspects of the shipping industry. Sector/service Joins: Shipping  Ports & Terminals  Logistics  Digital Trade  London  Houston 
• Court grants stay in favour of arbitration applying the presumption of 'one stop adjudication' (Surrey County Council v Suez Recycling and Recovery Surrey)
  30/07/2021
  Read more about Court grants stay in favour of arbitration applying the presumption of 'one stop adjudication' (Surrey County Council v Suez Recycling and Recovery Surrey)
  Arbitration analysis: Mr Alexander Nissen QC (sitting as a High Court Judge in the Technology and Construction Court) granted a stay of litigation proceedings in favour of arbitration pursuant to section 9 of the Arbitration Act 1996 (AA 1996). Sector/service Joins: Construction  Dispute Resolution  Hong Kong  Asia Pacific 
• Digital transformation of operations but not contracts?
  29/07/2021
  Read more about Digital transformation of operations but not contracts?
  The industry press is full of accounts of digitalisation in the offshore oil and gas industry. So it is surprising that contracts do not reflect this. This may be because collaborative working groups of technical, information technology and legal specialists are uncommon. However, they are necessary, so that rights and responsibilities in the digital landscape are clear. Sector/service Joins: Energy  Projects  Commercial  Oil and Gas  London  Paris  Dubai  Singapore  Shanghai  Hong Kong  Perth  Houston  Working Worldwide  Africa  Asia Pacific  Eastern Europe & Russia  Indian Sub-continent  Latin America  Middle East  Scandinavia  USA & Canada  Australia 
• Exercising due diligence: How should commodities companies respond to increasing levels of corporate responsibility?
  27/07/2021
  Read more about Exercising due diligence: How should commodities companies respond to increasing levels of corporate responsibility?
  The world is moving towards an enhanced regulatory environment for ESG issues. Here, we consider in more detail what that increasing level of regulation and growing sensitivity around ESG issues means for the boards of commodities companies now. Sector/service Joins: Commodities  Working Worldwide  Geneva  SUSTAINABILITY HUB 
• Faites vos jeux: London trumps Las Vegas in Covid-19 casino dispute
  21/07/2021
  Read more about Faites vos jeux: London trumps Las Vegas in Covid-19 casino dispute
  With the Monte-Carlo Reinsurance Rendezvous again being cancelled due to Covid-19, a recent Court decision reminds us of casinos. Sector/service Joins: Insurance & Reinsurance  Dispute Resolution  USA & Canada  London 
• Subsidy Control Bill 2021: UK announces post-Brexit state subsidy regime
  19/07/2021
  Read more about Subsidy Control Bill 2021: UK announces post-Brexit state subsidy regime
  On 30 June 2021, the UK Government published the Subsidy Control Bill 2021 (the Bill) and the Department for Business, Energy and Industrial Strategy (BEIS) published the outcomes of the February 2021 subsidy control consultation paper.¹ Sector/service Joins: EU, Competition and Trade Regulatory  London  Paris  Brussels  Piraeus 
• Comprehensively Yachts - HFW Yachting Industry Briefing, July 2021
  15/07/2021
  Read more about Comprehensively Yachts - HFW Yachting Industry Briefing, July 2021
  Though the 2021 Mediterranean yacht season may have been a little late in its start, from the volume of new build and sale and purchase transactions we have been engaged with this year, it appears that the idea of yacht ownership is as popular, if not even more popular, than ever. Whether you are new to the industry or an old hand there will be something of interest to you in the following compilation of topical and legal developments to affect the yachting industry. Sector/service Joins: Shipping  Employment  London  Paris  Monaco  Africa  Sydney  Melbourne  Perth  Asia Pacific 
• EU adopts adequacy decisions on transfers of personal data to UK
  06/07/2021
  Read more about EU adopts adequacy decisions on transfers of personal data to UK
  In this briefing, we consider the recently published EU adequacy decisions on personal data transfers from the EU to the UK (with a focus on the decision under the EU GDPR), as well as the EDPB’s final recommendations on supplementary measures for personal data transfers to third countries. Sector/service Joins: Data Protection  London  Paris  Brussels  Piraeus  Geneva  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  Riyadh  Abu Dhabi  Kuwait  Houston  Monaco 
• Are your force majeure clauses in new contracts “pandemic proof”? Perspectives from Brazilian and English Law
  30/06/2021
  Read more about Are your force majeure clauses in new contracts “pandemic proof”? Perspectives from Brazilian and English Law
  For a single oil and gas project multiple contracts are required to get the job done. These start from the operators, main contractors and eventually down to the plethora of subcontractors. In this mix no one ever expects a uniform approach to force majeure terms across the contracts. Sector/service Joins: Energy  Oil and Gas  Dispute Resolution  Projects  Singapore  Latin America  Asia Pacific  London  COVID-19 HUB 
• HFW Freeports Series | Freeports: Can the aviation sector take advantage of the freeport scheme?
  25/06/2021
  Read more about HFW Freeports Series | Freeports: Can the aviation sector take advantage of the freeport scheme?
  In this article, we consider how the aviation sector has sought to take advantage of the new Freeport scheme and whether Freeport status might help an industry still reeling from the effects of COVID-19. Sector/service Joins: Aerospace  London 
• Common issues in oil trading contracts: Recoverability of hedging losses
  25/06/2021
  Read more about Common issues in oil trading contracts: Recoverability of hedging losses
  This is the fourth instalment in our series of articles looking at common issues in oil trading contracts. Sector/service Joins: Commodities 
• Federal Law No 6 heralds new dawn for mediation in the UAE
  24/06/2021
  Read more about Federal Law No 6 heralds new dawn for mediation in the UAE
  In April 2021 the UAE Government passed Federal Law No. 6 of 2021 On Mediation for the Settlement of Civil and Commercial Disputes (the Law). The Law brings into force a robust framework in which mediation can occur in the UAE and sets out the obligations of mediators. Sector/service Joins: Dispute Resolution  Middle East  Dubai  Abu Dhabi 
• Time to open skies: ASEAN and the EU agree to historic agreement
  18/06/2021
  Read more about Time to open skies: ASEAN and the EU agree to historic agreement
  On 2 June 2021, the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) and its Member States concluded negotiations on the world's first bloc-to-bloc air transport agreement. In this briefing, we look at what the ASEAN-EU Comprehensive Air Transport Agreement (AE CATA) means for the two blocs as well as the potential impact on freedoms of the air for the carriers involved. Sector/service Joins: Aerospace  EU, Competition and Trade Regulatory  International Trade Regulation  London  Paris  Brussels  Singapore  Asia Pacific 
• HFW Freeports Series | Freeports - Will they help commodities businesses?
  17/06/2021
  Read more about HFW Freeports Series | Freeports - Will they help commodities businesses?
  The UK's new Freeports will present some opportunities for commodities businesses, for example in the Tees Valley chemical industry. However, there are important limitations to this. Sector/service Joins: Commodities  Shipping  Commercial  London  Paris  Brussels  Geneva 
• GDPR turns three years old - Our top tips moving forward
  17/06/2021
  Read more about GDPR turns three years old - Our top tips moving forward
  The General Data Protection Regulation (GDPR) entered into force three years ago. Looking back we consider how the GDPR has shaped data protection regimes worldwide and shown its teeth by imposing large and often high profile fines. Looking forward, we set out our top tips to maintain compliance and report on the European Commission’s adoption of new Standard Contractual Clauses (SCCs), respectively for use between controllers and processors in the EEA and for the transfer of personal data to third countries outside the EEA. Sector/service Joins: Data Protection  London  Paris  Brussels  Geneva  Piraeus  Dubai  Shanghai  Hong Kong  Singapore  Melbourne  Sydney  Perth  Riyadh  Abu Dhabi  Kuwait  Houston  Monaco  Shipping 
• Unjust Enrichment by Prepayment - A Recent English Decision
  16/06/2021
  Read more about Unjust Enrichment by Prepayment - A Recent English Decision
  BP Oil International Ltd v Vega Petroleum Ltd and another involved successful restitutionary claims for millions of US dollars that BP Oil International Ltd (BPOI) had paid to the Defendants for crude oil that was never delivered. The Commercial Court's judgment contains helpful analysis of the law on restitution for total failure of consideration (now more commonly referred to as failure of basis). Sector/service Joins: Commodities  Energy  Commercial  Dispute Resolution 
• Unintended Consequences: The Risks of Implied Warranties in Maritime Contracts
  11/06/2021
  Read more about Unintended Consequences: The Risks of Implied Warranties in Maritime Contracts
  As recently illustrated in the Eastern District of Louisiana, ship repairers should be mindful of the continued viability of the implied warranty of workmanlike performance in maritime service and repair contracts. Sector/service Joins: Shipping  Insurance & Reinsurance  Ports & Terminals  Commercial  Houston  USA & Canada 
• Electronic Bills of lading - is this time different?
  10/06/2021
  Read more about Electronic Bills of lading - is this time different?
  Digitisation is the buzzword of the year for those in the trade industry. Following several large-scale frauds in the trade finance space, there is growing concern over the authenticity (and therefore, the value) of traditional paper bills of lading as a form of security. Further, in light of ongoing disruption to the trade cycle and the movement of documents due to the impact of Covid-19 restrictions across different jurisdictions, the digitisation of physical shipping documents is becoming much more significant. Sector/service Joins: Commodities  Shipping  Logistics  Commercial 
• In re Allstate Indemnity Company: Texas Supreme Court holds counteraffidavits challenging unreasonable and unnecessary medical bills not mandatory.
  10/06/2021
  Read more about In re Allstate Indemnity Company: Texas Supreme Court holds counteraffidavits challenging unreasonable and unnecessary medical bills not mandatory.
  On May 7, 2021 the Texas Supreme Court clarified rules related to medical billing counteraffidavits. Sector/service Joins: Energy  Insurance & Reinsurance  Ports & Terminals  Commercial  Oil and Gas  Houston  USA & Canada 
• HFW Freeports Series | Freeports: Will Freeports drive the UK government's green industrial revolution and boost yet further growth in UK offshore wind?
  10/06/2021
  Read more about HFW Freeports Series | Freeports: Will Freeports drive the UK government's green industrial revolution and boost yet further growth in UK offshore wind?
  The UK Government has made bold promises of a "green industrial revolution". Freeports, including those in Teesside and the Humber region, are central to this. Sector/service Joins: Construction  Shipping  Energy  EU, Competition and Trade Regulatory  Corporate  Logistics  Ports & Terminals  International Trade Regulation  Government Services  London  SUSTAINABILITY HUB  Sustainability in infrastructure and construction 
• English High Court Decision Provides Clarity On Oil And Gas Decommissioning Regulations
  04/06/2021
  Read more about English High Court Decision Provides Clarity On Oil And Gas Decommissioning Regulations
  The court examined the extent of decommissioning liability that would apply to a former licensee. Sector/service Joins: Energy  Oil and Gas  Dispute Resolution  Singapore  Asia Pacific 
• The multifaceted approach towards regulating carbon emissions in international shipping: Global, regional and national measures
  03/06/2021
  Read more about The multifaceted approach towards regulating carbon emissions in international shipping: Global, regional and national measures
  A multi-layered and evolving regulatory landscape is emerging at the global, regional and national levels. These all share a common goal: to regulate carbon emissions in international shipping and, ultimately, reduce GHG emissions. Sector/service Joins: Shipping  Commodities  London  SUSTAINABILITY HUB  Sustainability in transport 
• HFW Freeports Series | The International Trade Committee Report On UK Freeports: A Reality Check
  03/06/2021
  Read more about HFW Freeports Series | The International Trade Committee Report On UK Freeports: A Reality Check
  In April 2021, the House of Commons International Trade Committee, which oversees the operations of the Department of International Trade, published its Report on UK Freeports. The Report questions the potential effectiveness of new Freeports as a means of increasing trade and investment into the UK. Sector/service Joins: Shipping  Aerospace  Construction  Commodities  Energy  London  EU, Competition and Trade Regulatory  Corporate  Logistics  Ports & Terminals  International Trade Regulation  Government Services 
• Sanchez v. Smart Fabricators – Course Correction for the Seaman Status Test
  02/06/2021
  Read more about Sanchez v. Smart Fabricators – Course Correction for the Seaman Status Test
  The full panel of the United States Court of Appeals for the Fifth Circuit took up the issue of seaman status in its latest opinion issued May 11, 2021, narrowing the test and likely limiting the universe of marine contractors who will qualify as Jones Act seamen in the future. Sector/service Joins: Shipping  Energy  Dispute Resolution  Employment  Oil and Gas  Houston  USA & Canada 
• Who gets the clean-up bill? Big changes coming to Australian Offshore Decommissioning
  01/06/2021
  Read more about Who gets the clean-up bill? Big changes coming to Australian Offshore Decommissioning
  On 26 May 2021, an important Bill¹ was introduced into Federal Parliament to amend Australia's offshore decommissioning legislation, within the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Act). Sector/service Joins: Commodities  Shipping  Corporate  Ports & Terminals  International Trade Regulation  Oil and Gas  Melbourne  Sydney  Perth  Asia Pacific  Australia 
• National Security and Investment Act 2021
  01/06/2021
  Read more about National Security and Investment Act 2021
  The National Security and Investment Act 2021 (the ‘Act’) received Royal Assent on 29 April 2021, granting the UK Government new powers to scrutinise investments on national security grounds. The Act is expected to come into force by the end of 2021. In this briefing we recap the Act, review its entry into force including retrospective provisions and consider the Government’s proposed revised definitions of three of the Act’s 17 sectors for mandatory notification: transport, energy and defence. Sector/service Joins: London  Aerospace  Shipping  Energy  Oil and Gas  International Trade Regulation  EU, Competition and Trade Regulatory  RESTRUCTURING HUB 
• HFW Freeports Series | Freeports: Know Your Customs
  27/05/2021
  Read more about HFW Freeports Series | Freeports: Know Your Customs
  In our last article we introduced the UK's new Freeports, due to be developed at eight sites in England (East Midlands Airport, Felixstowe & Harwich, the Humber region, Liverpool City, Plymouth, Solent, the Thames and Teeside). Sector/service Joins: London  Aerospace  Construction  Commodities  Energy  Shipping  EU, Competition and Trade Regulatory  Corporate  Logistics  Ports & Terminals  Government Services  International Trade Regulation 
• Court of Appeal Reaffirms Approach to Conflicts Between Specific and General Terms
  25/05/2021
  Read more about Court of Appeal Reaffirms Approach to Conflicts Between Specific and General Terms
  The appeal in Septo Trading Inc v Tintrade Limited focused on the correct approach to take where an incorporated, standard term is alleged to conflict or to be inconsistent with a term expressly agreed between the parties. Sector/service Joins: Commodities  Energy  Commercial  Oil and Gas 
• In the era of sustainability, can commodities justify a Green Premium?
  24/05/2021
  Read more about In the era of sustainability, can commodities justify a Green Premium?
  Being green is different from being seen to be green. In the context of commodities that are green, this isn’t currently being awarded, at least not consistently. Instead, more effort is going into being seen to be green.  Sector/service Joins: Commodities  SUSTAINABILITY HUB  Energy  Commercial  Oil and Gas 
• HFW Freeports Series | Freeports: Back in business?
  20/05/2021
  Read more about HFW Freeports Series | Freeports: Back in business?
  Over the coming weeks, HFW will be launching a series of articles on the reintroduction of Freeports in the UK. We'll be looking at the implications for businesses operating within these Freeports, focusing on a number of industry sectors including Shipping, Construction, Energy & Resources, Aviation and Commodities. Sector/service Joins: London  Aerospace  Construction  Energy  Commodities  Shipping  EU, Competition and Trade Regulatory  Corporate  Ports & Terminals  Logistics  International Trade Regulation  Government Services 
• What happens when the wheels come off in a commodities supercycle?
  18/05/2021
  Read more about What happens when the wheels come off in a commodities supercycle?
  The press is full of speculation as to whether we are entering a commodities “supercycle”, a period when the market sees prices rise higher than the long-term trend for more than ten years, followed by a downturn of similar length as supply catches up with demand. In this briefing, we consider what commodities traders should bear in mind as they negotiate contracts now, in the midst of a boom, so that they are better protected when demand and prices fall. Sector/service Joins: Commodities  Energy  Mining  Commercial  London  Geneva 
• And the award should go to…
  06/04/2021
  Read more about And the award should go to…
  In such a strange year, and in light of the Oscars® stepping away from having a single host, we think it is only appropriate to recognise not one, but two contributions during these challenging times: the evolution of the common law in the hands of the UK Supreme Court and the land of Zoom – even if the Oscars® don’t wish to utilise the latter. Sector/service Joins: Dispute Resolution  London  Working Worldwide 
• Reducing international shipping’s carbon intensity through the IMO’s EEXI and CII: charterparty implications and challenges
  01/04/2021
  Read more about Reducing international shipping’s carbon intensity through the IMO’s EEXI and CII: charterparty implications and challenges
  The International Maritime Organization (IMO) has approved draft regulations aimed at reducing greenhouse gas (GHG) emissions from international shipping and improving the energy efficiency of vessels. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• Directors duties - The Privy Council overturns concurrent findings of fact of its lower courts
  30/03/2021
  Read more about Directors duties - The Privy Council overturns concurrent findings of fact of its lower courts
  The Privy Council has recently handed down its decision in the case of Byers v Chen Ningning [2021] UKPC 4. The decision provides an example of the rare occasions in which the Privy Council will overturn findings of fact from the lower courts and provides important guidance and findings of breach of fiduciary duty of a director in a BVI registered company. Sector/service Joins: Fraud and Insolvency  Working Worldwide 
• China’s National Emissions Trading Scheme: The world’s largest carbon market has finally arrived
  29/03/2021
  Read more about China’s National Emissions Trading Scheme: The world’s largest carbon market has finally arrived
  As part of China’s efforts to meet its targets under the Paris Agreement and combat climate change, the implementation of the world’s largest carbon market is a welcome boost. Sector/service Joins: Commodities  Asia Pacific  Shanghai  Hong Kong  Sustainability in Regulation  SUSTAINABILITY HUB 
• Maritime Boundaries: Outlook in 2021
  26/03/2021
  Read more about Maritime Boundaries: Outlook in 2021
  As the dust settles on 2020 we highlight two current issues in the sphere of maritime boundaries as examples as to how these issues and disputes may impact on businesses operating or considering operating in maritime areas subject to boundary disputes. Sector/service Joins: Shipping  London 
• Supply Chain Disruption: Protecting your business
  25/03/2021
  Read more about Supply Chain Disruption: Protecting your business
  Disruption in supply chains poses a threat to commodities businesses. In this article, we suggest some ways to protect your business and minimise any damage caused. Sector/service Joins: Commodities  Logistics  London 
• The end is nigh – FCA announces end dates for LIBOR – the impact on existing contracts
  16/03/2021
  Read more about The end is nigh – FCA announces end dates for LIBOR – the impact on existing contracts
  In 2018 the Financial Conduct Authority (FCA) announced that it would no longer compel panel banks to support the London Interbank Offered Rate (LIBOR) after the end of 2021. LIBOR is the benchmark rate, used worldwide since the 1970s, which underpins loans, bonds and derivative transactions with an estimated cumulative value of over £7 trillion. It is also regularly used as a benchmark rate in contracts for calculating default interest for late payment. Sector/service Joins: Financial Services Regulation  Financial Institutions  Finance 
• Oil Spill-Related Criminal Fines Doubled in the Golden State
  11/03/2021
  Read more about Oil Spill-Related Criminal Fines Doubled in the Golden State
  Liability for ship-sourced oil pollution in the U.S. is subject to both federal and state law. The State of California recently enacted significantly increased criminal penalties for oil-spill related offenses in California waters. Sector/service Joins: Shipping  Houston  USA & Canada 
• Contract Certainty and Policy Renewals: Underwriters' reliance on brokers'
  11/03/2021
  Read more about Contract Certainty and Policy Renewals: Underwriters' reliance on brokers'
  In a recent article, "Insurance brokers' E&O duties regarding unusual policy terms – is there a duty to nanny?"¹ we discussed the insured bank's claim in negligence against its insurance broker ("Edge") in ABN AMRO Bank –v-- [Underwriters] and Edge Brokers (London) [2021] EWHC 442 (Comm), a recent English Commercial Court decision which raises some novel arguments about the duty (if any) to disclose unusual policy terms to Underwriters. Sector/service Joins: Insurance & Reinsurance  Dispute Resolution  London 
• New licensing requirements for insurance producers
  08/03/2021
  Read more about New licensing requirements for insurance producers
  Late last year, the UAE Insurance Authority implemented Board of Directors’ Resolution No. (27) of 2020 Concerning the Instructions for Licensing Insurance Producers (the Insurance Producer Regulations). Sector/service Joins: Insurance & Reinsurance  Dubai  Middle East 
• Insurance brokers' E&O duties regarding unusual policy terms: is there a
  08/03/2021
  Read more about Insurance brokers' E&O duties regarding unusual policy terms: is there a
  The law is quite clear that an insurance broker owes a duty to draw its client/insured's attention to any unusual or onerous policy terms and to explain their nature and effect. This allows the insured the chance to comply with such terms and/or to obtain alternative cover if it chooses: Ground Gilbey v Jardine Lloyd Thompson [2012].¹ Sector/service Joins: Insurance & Reinsurance  London 
• Rare success in challenging arbitration awards
  05/03/2021
  Read more about Rare success in challenging arbitration awards
  Following a successful challenge pursuant to section 67 of the Arbitration Act 1996 (the 1996 Act), the English High Court has set aside two GAFTA awards on the basis that there was no arbitration agreement between the parties.¹ In doing so, the Court rejected the argument that a GAFTA arbitration agreement was implied into the alleged contract by trade custom or usage. Sector/service Joins: Commodities  Dispute Resolution 
• UK introduces National Security and Investment Bill to Parliament to increase the Government’s powers to review transactions
  02/03/2021
  Read more about UK introduces National Security and Investment Bill to Parliament to increase the Government’s powers to review transactions
  The National Security and Investment Bill 2019-21 (the Bill) has been introduced to the UK Parliament and given its third reading in the House of Commons and second reading in the House of Lords. Sector/service Joins: EU, Competition and Trade Regulatory 
• The UK Emissions Trading Scheme: A scheme for the post-Brexit era
  25/02/2021
  Read more about The UK Emissions Trading Scheme: A scheme for the post-Brexit era
  The UK emissions trading scheme (UK ETS) became operational on 1 January 2021. Its primary purpose is to provide continuity for greenhouse gas (GHG) pricing in the UK as a replacement for the equivalent obligations faced by compliance entities under the EU emissions trading scheme (EU ETS) prior to the end of the Brexit transition period. Sector/service Joins: Commodities  EU, Competition and Trade Regulatory  SUSTAINABILITY HUB 
• Cross-class cram down after DeepOcean: what creditors need to know about the new UK regime
  18/02/2021
  Read more about Cross-class cram down after DeepOcean: what creditors need to know about the new UK regime
  The UK’s new “restructuring plan” was enacted in June 2020.¹ This highly-anticipated regime introduced (for the first time into English law) a tongue twisting “cross-class cram down” (CCCD) mechanism by which a restructuring plan can (at the court’s discretion) be imposed on an entire class of dissenting creditors or members. Sector/service Joins: Dispute Resolution  Fraud and Insolvency  London 
• Court grants owners’ S.69 appeal on point of law with implications relating to war risks and general average
  17/02/2021
  Read more about Court grants owners’ S.69 appeal on point of law with implications relating to war risks and general average
  Herculito Maritime Ltd and Others v Gunvor International BV and Others (the "POLAR") [2020] EWHC 3318 (Comm) Sector/service Joins: Shipping  Dispute Resolution  London 
• CBP rules that the Jones Act applies to offshore wind energy projects on the outer continental shelf
  16/02/2021
  Read more about CBP rules that the Jones Act applies to offshore wind energy projects on the outer continental shelf
  For the first time, the U.S. Customs and Border Protection (CBP) confirmed that the coastwise laws, commonly referred to as the Jones Act,¹apply to offshore wind energy projects on the Outer Continental Shelf (OCS). CBP Headquarters Ruling HQ H309186² (January 27, 2021), which was issued shortly after significant recent revisions to the Outer Continental Shelf Lands Act 1953 (OCSLA), clarified ambiguities surrounding the Jones Act's application to offshore wind. Sector/service Joins: Energy  USA & Canada  Houston  Projects  SUSTAINABILITY HUB  Sustainability in Energy Transition 
• Autonomous Ships: MASS Mutations
  10/02/2021
  Read more about Autonomous Ships: MASS Mutations
  Our bulletin published in September 2020 last year ¹ considered the developments of Maritime Autonomous Surface Ships (MASS) as the shipping industry continued to suffer the impacts of the global spread of coronavirus disease 2019 (COVID-19). Sector/service Joins: Shipping  London  SUSTAINABILITY HUB  Sustainability in transport  Cyber Owl 
• English high court limits quincecare duty in app fraud cases
  04/02/2021
  Read more about English high court limits quincecare duty in app fraud cases
  In its recent judgment, the English High Court has confirmed that a bank’s Quincecare duty (i.e. the duty to act with reasonable care and skill when executing a customer’s payment instructions) does not extend to authorised push payment (“APP”) frauds involving individual customers. The ruling, which reflects the growing judicial trend in APP frauds, and on which we have previously written¹, has important ramifications for individual and corporate customers alike. Sector/service Joins: Dispute Resolution  Fraud and Insolvency  London 
• Increase in Shipping Rates and Legal Issues Facing Shippers
  01/02/2021
  Read more about Increase in Shipping Rates and Legal Issues Facing Shippers
  The knock-on effects of the Covid-19 pandemic are continuing to impact the global shipping market, with a shortage of containers coupled with a rebound in demand for goods driving freight costs to unprecedented levels. In this article we consider the root causes of the increase in freight rates and some of the legal issues that shippers are now having to adjust to. Sector/service Joins: Shipping  Logistics  Ports & Terminals  International Trade Regulation 
• Cross border transactions into the EU or UK - Will you be caught by the new DAC6 reporting requirements?
  27/01/2021
  Read more about Cross border transactions into the EU or UK - Will you be caught by the new DAC6 reporting requirements?
  This briefing is a step by step guide to the new EU disclosure requirements for certain cross-border transactions and/or arrangements. Sector/service Joins: EU, Competition and Trade Regulatory  International Trade Regulation  Finance  London 
• Recent Court of Appeal judgment likely to increase the use of DBAs in English litigation
  20/01/2021
  Read more about Recent Court of Appeal judgment likely to increase the use of DBAs in English litigation
  The recent decision of the English Court of Appeal in Zuberi v Lexlaw [2021]¹ will make the use of Damages Based Agreements (DBAs) more attractive and is therefore likely to widen the scope of funding and financing available to parties in English litigation. Sector/service Joins: Dispute Resolution  LITIGATION HUB 
• “UK261”? Passenger rights after the Brexit transition period
  15/01/2021
  Read more about “UK261”? Passenger rights after the Brexit transition period
  Although the UK formally left the European Union a year ago, air carriers will know that European Union Regulation (EC) 261/2004 on denied boarding, cancellation and long delay (EU261) has continued to have force in the UK throughout 2020 as though Brexit had never happened. This is because the UK has been in a transition period agreed with the EU as part of the terms of withdrawal, during which EU law has continued to apply. Sector/service Joins: Aerospace  London 
• Changes to reporting on ultimate beneficial ownership in the UAE
  11/01/2021
  Read more about Changes to reporting on ultimate beneficial ownership in the UAE
  Cabinet Resolution No. 58 of 2020 on the Regulation of the Procedures of the Real Beneficiary (the Resolution) was published on 27 August 2020 and came into force the following day. It repealed the previous law on the regulation of beneficial owner procedures (Cabinet Decision No. 34 of 2020). Sector/service Joins: Corporate  Middle East  Abu Dhabi  Dubai 
• European Data Protection Board publishes draft guidance on transfers of personal data outside the EEA - No one size fits all solution
  04/01/2021
  Read more about European Data Protection Board publishes draft guidance on transfers of personal data outside the EEA - No one size fits all solution
  On 10 November 2020, the European Data Protection Board (EDPB) published its highly anticipated draft Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data¹ (the Guidance). Sector/service Joins: Data Protection  EU, Competition and Trade Regulatory 
• New year, new dawn for English/EU disputes: What does this mean for you?
  21/12/2020
  Read more about New year, new dawn for English/EU disputes: What does this mean for you?
  After the year we have all had, it is probably true to say that most, if not all of us, will be pleased to welcome in 2021. However, with it comes the end of the Brexit Transition period, and consequently the end of various UK/EU jurisdiction, service, and enforcement provisions that have been in place for several years. Sector/service Joins: EU, Competition and Trade Regulatory  Dispute Resolution  London 
• Cyber Risk Adaptability and Responsibility
  15/12/2020
  Read more about Cyber Risk Adaptability and Responsibility
  For years, service providers to the shipping industry have warned of the industry’s increased reliance on cyber technologies and their potential vulnerabilities. Yet, until recently, this perceived threat had not been addressed by lawmakers and, to some degree, operators. Sector/service Joins: Shipping  Cyber Security  Cyber Owl 
• Inclusion of shipping in the EU Emissions Trading System: current landscape, perspective and potential impact
  14/12/2020
  Read more about Inclusion of shipping in the EU Emissions Trading System: current landscape, perspective and potential impact
  The EU is moving ahead with plans to include the shipping industry in the EU Emissions Trading System. The necessary legislation could come into force as soon as 1 January 2022 and has the potential to impact all parties in the physical transport chain as the EU moves to decarbonise the shipping industry. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in Regulation  Sustainability in transport 
• Comprehensively Yachts - HFW Yachting Industry Briefing, December 2020
  14/12/2020
  Read more about Comprehensively Yachts - HFW Yachting Industry Briefing, December 2020
  The HFW yachting team has been busy throughout 2020 and it has been encouraging to note the continued flow of new design contracts, new construction projects and the large number of second-hand sale and purchase transactions, all of which evidence the enduring attractiveness of yachting despite of or perhaps because of Covid-19. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• Workplace Relations Update (Australia), December 2020
  11/12/2020
  Read more about Workplace Relations Update (Australia), December 2020
  Look out for some big changes to the Fair Work Act 2009 (Cth) in 2021.On 9 December 2020, the Coalition Government introduced the much anticipated Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020. The Bill must now make its way through the Parliament, and there might be some tweaks in the process, but for now, the six most important things for employers to know about the Bill are – Sector/service Joins: Employment  Australia  Asia Pacific 
• Collateral management and stock monitoring agreements - The cast iron solution for lenders?
  10/12/2020
  Read more about Collateral management and stock monitoring agreements - The cast iron solution for lenders?
  2020 has been a year of upheaval and no less so than in transactional commodity finance, which has witnessed a series of major frauds. The significant losses suffered have caused some lenders to exit the sector completely and others to refocus on specific clients or sectors while tightening their KYC (know your client) and KYT (know your transaction) procedures. In this article we re-examine two important tools available to a lender to mitigate the risks associated with inventory financing: collateral management agreements (CMAs) and stock monitoring agreements (SMAs). Sector/service Joins: Commodities  Geneva 
• 10 Key Questions to Consider When Investing in Africa
  07/12/2020
  Read more about 10 Key Questions to Consider When Investing in Africa
  Africa: a land of promise and peril. A continent ripe with opportunities and challenges. From a legal perspective, the second largest continent in the world can raise interesting issues due to its mosaic of legal systems at different stages of development. Sector/service Joins: Corporate  Geneva  Africa  International Trade Regulation  Finance  Commodities  Energy  Shipping 
• Optics and Context in Arbitral Appointments: A Review of the UK Supreme Court Judgment in Halliburton Company v Chubb Bermuda Insurance Ltd
  27/11/2020
  Read more about Optics and Context in Arbitral Appointments: A Review of the UK Supreme Court Judgment in Halliburton Company v Chubb Bermuda Insurance Ltd
  In its landmark decision the UK Supreme Court has confirmed and clarified the obligation on arbitrators to make disclosures in overlapping multiple appointment situations to avoid doubts as to their impartiality while highlighting and distinguishing the unique characteristics of sector-focussed arbitration. Sector/service Joins: Shipping  Dispute Resolution 
• Litigation funding putting wind in your sails - Third-party funding for the shipping industry
  25/11/2020
  Read more about Litigation funding putting wind in your sails - Third-party funding for the shipping industry
  Covid-19 has undoubtedly created challenging conditions for most sectors of the economy. The shipping industry has been hit hard by a global fall in demand, by logistical delays, quarantines and movement restrictions and a breakdown in supply chains. As a result, countless counterparties have failed to perform contractual agreements. This has resulted in substantial financial losses for numerous shipping businesses. Sector/service Joins: Shipping  Dispute Resolution 
• With new safety laws imminent, WA records its first gross negligence workplace safety conviction
  23/11/2020
  Read more about With new safety laws imminent, WA records its first gross negligence workplace safety conviction
  The Work Health and Safety Act 2020 (WHS Act) (passed by Parliament on 10 November 2020) will replace all current safety legislation in WA and introduces the criminal offence of industrial manslaughter into WA law for the first time. Sector/service Joins: Australia  Asia Pacific  Construction  Employment 
• Indonesia: Omnibus Law and Regulatory Updates in the Indonesian Mining Industry
  20/11/2020
  Read more about Indonesia: Omnibus Law and Regulatory Updates in the Indonesian Mining Industry
  On November 2, 2020, the President of the Republic of Indonesia ratified and enacted the Indonesia Omnibus Law with the Law Number 11 of 2020 on Job Creation (Omnibus Law). The Omnibus Law comprehensively amends various sectoral laws with the aim of improving the investment ecosystem in Indonesia, attracting investors and in turn creating job opportunities. We have written separately about the impact this Omnibus Law has had on other industries here.¹ Sector/service Joins: Energy  Mining  Asia Pacific  Commodities 
• Seafarers' Continuous Service – Ships Calling At Australian Ports - Update
  20/11/2020
  Read more about Seafarers' Continuous Service – Ships Calling At Australian Ports - Update
  In a briefing in October 2020, we set out AMSA's special extension to the maximum period of time that seafarers could serve on board ships calling Australian ports¹. In short, due to the unique circumstances facing international shipping during the COVID-19 pandemic, AMSA extended the maximum period of continuous service from 11 to 14 months. Accompanying this change was a framework for closer scrutiny of seafarer workplace arrangements and repatriation plans should the period of continuous service be extended past 11 months. Sector/service Joins: Shipping  Employment  Australia  Asia Pacific 
• The sustainable loan market and the commodities sector: what is it, what's new and what's to come
  17/11/2020
  Read more about The sustainable loan market and the commodities sector: what is it, what's new and what's to come
  In the second part of our series on responsible business, sustainable finance and ESG, we focus on the sustainable loan market: we look at the key loan structuring issues, the latest guidance on green and sustainability linked loans, ask what is new for the commodities sector and consider what is to come. Sector/service Joins: Commodities  Geneva  Finance  SUSTAINABILITY HUB  Sustainability in Finance 
• Implementation of the Singapore Convention on Mediation in Saudi Arabia
  16/11/2020
  Read more about Implementation of the Singapore Convention on Mediation in Saudi Arabia
  On 5 May 2020, Saudi Arabia ratified the United Nations Convention on the International Settlement Agreements Resulting from Mediation, also known as the "Singapore Convention on Mediation" ("the Convention"), which will enter into force in Saudi Arabia on 5 November 2020. Sector/service Joins: Insurance & Reinsurance  Middle East 
• Are you entitled to the full range of Part 36 benefits, if you beat your own settlement offer? The Court of Appeal says… yes!
  16/11/2020
  Read more about Are you entitled to the full range of Part 36 benefits, if you beat your own settlement offer? The Court of Appeal says… yes!
  The English Court of Appeal has given welcome clarity on whether claimants who beat their own Civil Procedure Rule (CPR) Part 36 settlement offer at trial are entitled to the full range of Part 36 benefits; the good news for claimants is that the Court of Appeal in Telefonica UK Ltd v Office of Communications has decided they are. Sector/service Joins: Dispute Resolution 
• Eligible for ship leasing tax concessions in Hong Kong? Check here.
  12/11/2020
  Read more about Eligible for ship leasing tax concessions in Hong Kong? Check here.
  On 19 June 2020, the Inland Revenue (Amendment) (Ship Leasing Tax Concessions) Ordinance 2020 introduced a concessionary profit tax regime for ship leasing businesses. While the scheme is now more familiar, it is not without its complexities. Are you clear on if/how you can benefit? This article aims to provide some practical assistance by setting out various questionnaires to guide an interested corporation. Sector/service Joins: Shipping  Hong Kong  Asia Pacific 
• Soft Commodities: Buyer beware - “as is” means “as is”. But should seller beware, too?
  11/11/2020
  Read more about Soft Commodities: Buyer beware - “as is” means “as is”. But should seller beware, too?
  Sale of goods contracts typically feature carefully drafted quality specifications, so that both parties understand clearly what quality of goods is to be delivered. However sometimes, goods are sold on an “as is” basis. This places the risk as to quality on the buyer. What liability, if any, does the seller have in contracts made on this basis? This article will consider the significance and scope of “as is” clauses, by way of case studies focussing on cocoa and coffee. Sector/service Joins: Commodities  Geneva 
• Indonesia: Omnibus Law – Changes and Possible Impact on the Indonesia Shipping Sector
  05/11/2020
  Read more about Indonesia: Omnibus Law – Changes and Possible Impact on the Indonesia Shipping Sector
  On November 2, 2020, the President of the Republic of Indonesia ratified and enacted the Indonesia Omnibus Law by the Law Number 11 of 2020 on Job Creation (Omnibus Law). The Omnibus Law comprehensively amends various sectoral laws with the aim of improving the investment ecosystem in Indonesia, attracting investors and creating job opportunities. Sector/service Joins: Shipping  Singapore  Asia Pacific 
• Brexit and commodities derivatives regulation: Recent developments and their impact on commodities businesses
  29/10/2020
  Read more about Brexit and commodities derivatives regulation: Recent developments and their impact on commodities businesses
  Negotiations for a post-Brexit trade deal now seem likely to go down to the wire. With the end of the transition period fast approaching and increased warnings of a slim or no deal, the future regulatory landscape for commodities businesses remains unclear. Sector/service Joins: Commodities  EU, Competition and Trade Regulatory 
• Shanghai court upholds validity of arbitration agreement seated in PRC and administered by a foreign arbitration institution
  28/10/2020
  Read more about Shanghai court upholds validity of arbitration agreement seated in PRC and administered by a foreign arbitration institution
  A recent decision of a Shanghai court that parties to an arbitration seated in the PRC will be permitted to have their dispute administered by a foreign arbitral institution is the latest move towards relaxing restrictions on foreign arbitral institutions administering PRC arbitrations. Sector/service Joins: Dispute Resolution  Asia Pacific  Shanghai 
• Cyber Risks in Commodities Sale Contracts – Misdirected Payment
  27/10/2020
  Read more about Cyber Risks in Commodities Sale Contracts – Misdirected Payment
  The risk of payments under a sale contract being fraudulently diverted is a key concern for commodities traders. Sector/service Joins: Commodities  Cyber Security  Fraud and Insolvency  Cyber Owl 
• Arbitration Insights: Australia. Multi-tiered Dispute Resolution Clauses
  26/10/2020
  Read more about Arbitration Insights: Australia. Multi-tiered Dispute Resolution Clauses
  In our last briefing, we provided some drafting tips for an effective arbitration clause. In this briefing, we take it one step further and talk about multi-tiered dispute resolution clauses. Sector/service Joins: Dispute Resolution  Australia  Asia Pacific 
• Responsible business, sustainable finance and ESG
  21/10/2020
  Read more about Responsible business, sustainable finance and ESG
  Over the past few years, environmental protection and human rights have moved centre stage in political and economic arenas. The development of a business market which is sensitive to both human rights and impact on the environment is now a recognised objective at all levels, across sectors and institutions. Sector/service Joins: Commodities  Geneva  Finance  SUSTAINABILITY HUB  Sustainability in Finance 
• English Supreme Court confirms principles for determining the governing law of an arbitration agreement
  20/10/2020
  Read more about English Supreme Court confirms principles for determining the governing law of an arbitration agreement
  In its recent judgment, the English Supreme Court has given welcome clarification on how to determine the governing law of an arbitration agreement, in the absence of an express choice of law. Sector/service Joins: Dispute Resolution 
• Arbitration Insights: Australia. Drafting Arbitration Clauses
  16/10/2020
  Read more about Arbitration Insights: Australia. Drafting Arbitration Clauses
  The second briefing in our Arbitration Insights series provides a simple guide to drafting arbitration clauses. Arbitration clauses are often the last clauses to be negotiated once all the other terms are agreed. Drafted at sunset, negotiators are both tired and pleased that the substantive terms are agreed and ultimately would prefer to take in the view, than continue negotiations. Sector/service Joins: Dispute Resolution  Australia  Asia Pacific 
• ESG at the LME
  16/10/2020
  Read more about ESG at the LME
  In August 2020, the London Metal Exchange (LME) issued a discussion paper on "LME Sustainability"¹, a new and wide-ranging initiative proposing, among other things, new contracts and a new spot trading platform. According to the exchange, LME Sustainability builds upon the success of its responsible sourcing policy² (LME Responsible Sourcing), which was rolled out in October 2019. Sector/service Joins: Commodities 
• Changes in the construction industry in WA? New security of payment legislation introduced into Parliament - Part 3
  14/10/2020
  Read more about Changes in the construction industry in WA? New security of payment legislation introduced into Parliament - Part 3
  As noted in our previous briefings,^{1, 2} the Building and Construction Industry (Security of Payment) Bill 2020 Consultation Draft (Consultation Draft) was released for comment earlier this year. If enacted, this legislation will replace WA’s current Construction Contracts Act 2004 (WA) and will overhaul Western Australia’s adjudication process. Sector/service Joins: Construction  Australia  Asia Pacific 
• Cryptoasset businesses under regulatory scrutiny? 5 steps businesses can take now
  13/10/2020
  Read more about Cryptoasset businesses under regulatory scrutiny? 5 steps businesses can take now
  The FCA is maintaining its longstanding focus on financial crime. Cryptoasset businesses can expect to be subject to increased regulatory scrutiny and should take action now to prepare for this. Sector/service Joins: Commodities 
• Arbitration Insights: Australia. Introduction to Arbitration Regime in Australia and Approach of Australian Courts to Arbitration Agreements
  09/10/2020
  Read more about Arbitration Insights: Australia. Introduction to Arbitration Regime in Australia and Approach of Australian Courts to Arbitration Agreements
  Over the past ten years, there has been a substantial change in the arbitration landscape which has both strengthened domestic arbitration and has allowed Australia to position itself as a credible alternative to the major arbitration centres in Asia for international arbitration. Sector/service Joins: Dispute Resolution  Australia  Asia Pacific 
• Seafarers' Continuous Service – Ships Calling Australian Ports
  08/10/2020
  Read more about Seafarers' Continuous Service – Ships Calling Australian Ports
  We continue to see ships calling at Australian ports with crew on board that have served lengthy periods at sea, in some cases, seafarer contracts have been extend well past 12 months' continuous service on board. The issue of prolonged time at sea, materially exacerbated by COVID-19 travel restrictions, has not escaped the vigilant attention of the Australian Maritime Safety Authority (AMSA). Sector/service Joins: Shipping  Australia  Asia Pacific  Ports & Terminals 
• Be careful when and why you terminate! Time of the essence, repudiation and renunciation
  06/10/2020
  Read more about Be careful when and why you terminate! Time of the essence, repudiation and renunciation
  In Alegrow S.A v Yayla Agro Gida Ve Nak A.S.¹, the English Commercial Court varied and then remitted an award back to the GAFTA Appeal Board (the ‘Board’). It concluded that the Board had made an error of law in finding the claimant in repudiatory breach of its contract with the defendant. The Court also provided a helpful analysis of ‘time of the essence’ in commodities contracts and ultimately found that the defendant had renounced the contract. Sector/service Joins: Commodities 
• Autonomous Ships: A Pandemic Vaccine?
  30/09/2020
  Read more about Autonomous Ships: A Pandemic Vaccine?
  Since our article in January of this year¹, we have been gripped by the COVID-19 global pandemic. Despite this there have been a number of developments in the autonomous vessel space. In this briefing we discuss the impact of the pandemic on shipping and the opportunities it presents for Maritime Autonomous Surface Ships (MASS), the Maritime Autonomous Systems Regulatory Conference (MASRC), as well as some of the more recent developments in relation to MASS, such as data collection and sharing. Sector/service Joins: Shipping  Logistics  SUSTAINABILITY HUB  Sustainability in transport  Cyber Owl 
• In Memory of Justice Ruth Bader Ginsburg A Champion for Equality
  29/09/2020
  Read more about In Memory of Justice Ruth Bader Ginsburg A Champion for Equality
  U.S. Supreme Court Justice Ruth Bader Ginsburg, the second woman to serve on the nation’s highest court, died of pancreatic cancer at the age of 87. Ginsburg spent a lifetime flourishing in the face of adversity and doubt. She was a legal, cultural and feminist icon. In her 80’s, she became known as the “Notorious RBG.” While we mourn this tremendous loss, we honor her as an unwavering pioneer for gender equality. Sector/service Joins: USA & Canada 
• Commercial Court rules on what damage is liquidated by demurrage
  28/09/2020
  Read more about Commercial Court rules on what damage is liquidated by demurrage
  On 7 September, in the Eternal Bliss¹, Andrew Baker J sitting in the Commercial Court division of the High Court of England & Wales delivered one of the most significant judgments of recent years concerning the construction of charterparties which will have widespread implications for the global bulk shipping industry. Sector/service Joins: Shipping 
• Proposals on reforms to the English Disclosure Pilot are announced
  24/09/2020
  Read more about Proposals on reforms to the English Disclosure Pilot are announced
  As you may have heard, the long-awaited proposed changes to the English Disclosure Pilot (Pilot) were published this month. Sector/service Joins: Dispute Resolution 
• Brexit and REACH: What businesses need to know
  24/09/2020
  Read more about Brexit and REACH: What businesses need to know
  The end of the Brexit transition period on 31 December 2020 is fast approaching. A ‘no-deal’ scenario – that is, no agreement between the UK and EU on trade and other matters – looks increasingly possible. What does this mean for chemicals regulation in the UK and EEA and what should businesses be doing now to protect themselves? Sector/service Joins: Commodities  International Trade Regulation 
• Overview of debt enforcement against companies in Switzerland and freezing orders over Swiss bank accounts
  09/09/2020
  Read more about Overview of debt enforcement against companies in Switzerland and freezing orders over Swiss bank accounts
  Switzerland is renowned as a financial centre. At the end of 2018, there were 248 domestic and foreign banks in Switzerland (foreign banks representing almost 40% of them), with an estimated CHF 6,943.5 billion assets under management. Almost half of these assets originate from abroad, equating to 27% of the global cross-border asset management market¹. Sector/service Joins: Geneva  Dispute Resolution  Financial Institutions 
• Sanchez v. Smart Fabricators – Seaman Status Whiplash or Groundwork for Future En Banc Course Correction?
  04/09/2020
  Read more about Sanchez v. Smart Fabricators – Seaman Status Whiplash or Groundwork for Future En Banc Course Correction?
  We previously reported on the Fifth Circuit’s opinion in Sanchez v. Smart Fabricators of Texas, LLC where the court took up the issue of Jones Act seaman status, holding that a welder working aboard jacked-up offshore drilling rigs was not a seaman. Sector/service Joins: Shipping  Dispute Resolution 
• Changes to Construction Contracts in WA? The Building and Construction Industry (Security of Payment) Bill 2020 Part 2
  01/09/2020
  Read more about Changes to Construction Contracts in WA? The Building and Construction Industry (Security of Payment) Bill 2020 Part 2
  As noted in our previous article¹ that addressed the proposed changes to the adjudication procedure in Western Australia, the Building and Construction Industry (Security of Payment) Bill 2020 (the Draft SOP Bill) was recently released for comment. The Draft SOP Bill will replace WA’s current Construction Contracts Act 2004 (WA) (CCA) and, in addition to overhauling the adjudication regime, the Draft SOP Bill will introduce a number of changes to the terms of construction contracts. Sector/service Joins: Construction  Australia  Asia Pacific 
• Changes to Adjudication in WA? The Building and Construction Industry (Security of Payment) Bill 2020 Part 1
  26/08/2020
  Read more about Changes to Adjudication in WA? The Building and Construction Industry (Security of Payment) Bill 2020 Part 1
  There is a lack of uniformity across Australia concerning the legislative regimes that deal with payments in the construction industry. The regimes are divided into what are referred to as the “East Coast” model (NSW, Vic, ACT, Tas, SA and QLD) and the “West Coast” model (WA and NT). There has long been a call for harmonisation across all states and territories, and it appears the East Coast model may win out. Sector/service Joins: Construction  Australia  Asia Pacific 
• Termination: Contractual Rights to Terminate Curtailed
  21/08/2020
  Read more about Termination: Contractual Rights to Terminate Curtailed
  New legislation has been introduced in the UK which restricts the rights of parties to construction contracts to terminate or even suspend work. This means that even if your contract says you can terminate or suspend – for example, for non-payment – you may not in the future be able to exercise this right. These reforms are likely to lead to significant changes to how parties operate their contracts and credit lines. Sector/service Joins: Construction  London 
• End of Brexit transition period: Action items
  13/08/2020
  Read more about End of Brexit transition period: Action items
  The transition period, during which EU law continues to apply to and in the UK following its exit from the EU on 31 January 2020, is due to expire on 31 December 2020. Sector/service Joins: EU, Competition and Trade Regulatory 
• Transitioning to new border arrangements: EU-UK trade from 1 January 2021
  10/08/2020
  Read more about Transitioning to new border arrangements: EU-UK trade from 1 January 2021
  The UK Government has revealed the border controls that will apply on the UK border between the UK and the European Union following the end of the Brexit transition period (Transition Period), anticipated to be on 1 January 2021. This follows its announcement in June 2020 that import controls on goods moving from the EU to the UK would be introduced in phases over the first six months of 2021, giving importers ‘time to adjust’ and avoiding a cliff edge of regulation. Sector/service Joins: EU, Competition and Trade Regulatory  London 
• CMA CGM LIBRA - Supreme Court to consider shipowners’ seaworthiness and due diligence obligations
  07/08/2020
  Read more about CMA CGM LIBRA - Supreme Court to consider shipowners’ seaworthiness and due diligence obligations
  The Supreme Court recently granted Owners permission to appeal in respect of the Court of Appeal’s decision in the CMA CGM LIBRA case. The appeal will raise issues concerning the scope of a shipowner’s obligation under Article III rule 1(a) of the Hague and Hague-Visby Rules to exercise due diligence to make the ship seaworthy before and at the commencement of the voyage. Sector/service Joins: Shipping 
• The Potential UK-Australia free trade agreement: reviving old friendships may bring new opportunities
  05/08/2020
  Read more about The Potential UK-Australia free trade agreement: reviving old friendships may bring new opportunities
  Amidst the unchartered waters of the post-Brexit world, the UK reaches out to old friends and allies to revive old and solid relationships, on new terms this time. Sector/service Joins: Commodities  Asia Pacific  International Trade Regulation  London  Australia 
• The English Supreme Court’s landmark decision reflects on reflective loss
  03/08/2020
  Read more about The English Supreme Court’s landmark decision reflects on reflective loss
  In a landmark decision that departs from nearly 40 years’ of case law, the Supreme Court has unanimously ruled¹ that the reflective loss principle does not stifle claims by unsecured creditors. This therefore means that, as in this case, shareholders (who are also creditors), can now recover the loss suffered by the reduction of their share price, as a result of the damage caused to the company by the wrongdoing of a third party. Sector/service Joins: Dispute Resolution  London 
• International data transfers from the EEA and UK: Take care
  30/07/2020
  Read more about International data transfers from the EEA and UK: Take care
  The Schrems II judgment, handed down by the Court of Justice of the European Union (CJEU) on 16 July 2020¹, is significant for any organisation which currently transfers personal data outside of the European Economic Area (EEA) or the United Kingdom (UK). It is especially significant for organisations which currently transfer personal data from the EEA or the UK to the USA. Sector/service Joins: EU, Competition and Trade Regulatory  London 
• Collateral management agreements, pledges and security: how can a lender protect itself?
  24/07/2020
  Read more about Collateral management agreements, pledges and security: how can a lender protect itself?
  Taking security over goods stored with a party which does not have title to them is common in commodities financing. It can give rise to a complex set of contractual and non-contractual rights and liabilities and lenders must be careful to ensure that their security will be available if needed. Sector/service Joins: Commodities 
• Insurance Disputes Committees “IDC”
  21/07/2020
  Read more about Insurance Disputes Committees “IDC”
  Given the increase in insurance disputes in the Kingdom of Saudi Arabia, it is time to circle around with the dispute mechanisms in the Kingdom. Unlike certain Common law jurisdictions, KSA has a dispute procedure which is given over specifically to insurance: the Insurance Disputes Committee (the IDC). Sector/service Joins: Insurance & Reinsurance  Riyadh  Middle East 
• United States Supreme Court holds that Non-Signatories to An Agreement can Compel Arbitration under the New York Convention
  21/07/2020
  Read more about United States Supreme Court holds that Non-Signatories to An Agreement can Compel Arbitration under the New York Convention
  In a unanimous decision, the United States Supreme Court in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 18-1048, 2020 WL 2814297 (2020), resolved a circuit court split, holding that the equitable estoppel doctrine applies to claims arising under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or Convention). Sector/service Joins: Energy  USA & Canada  Houston  Dispute Resolution 
• Liberia Updates its Corporate Legislation
  17/07/2020
  Read more about Liberia Updates its Corporate Legislation
  The Republic of Liberia recently announced significant revisions to its Business Corporation Act (BCA) and its Limited Liability Company Act (LLC Act). The purpose for the update was to more closely align the nation’s laws with international standards. The revisions also sought to include more modern practices and definitions into law and to remove redundant procedures. Sector/service Joins: Shipping 
• Service of proceedings in lockdown
  09/07/2020
  Read more about Service of proceedings in lockdown
  We are starting to see a number of cases coming through the English courts dealing with procedural issues caused by Covid-19. The latest of which addresses the issue of service of proceedings on a business premises during lockdown, and gives a clear message that the court will not permit parties to take advantage of the pandemic. Sector/service Joins: Dispute Resolution  London 
• English Court of Appeal decision: US secondary sanctions are a “mandatory provision of law”
  09/07/2020
  Read more about English Court of Appeal decision: US secondary sanctions are a “mandatory provision of law”
  In Lamesa Investments Limited v Cynergy Bank Limited¹, the English Court of Appeal has confirmed that US secondary sanctions fall within the common wording “mandatory provision of law” and that Cynergy was complying with them when it withheld payment under a loan facility agreement. Sector/service Joins: International Trade Regulation 
• UK goes it alone: The UK’s new human rights sanctions regime
  08/07/2020
  Read more about UK goes it alone: The UK’s new human rights sanctions regime
  The UK’s exit from the European Union will allow the UK to pursue its own sanctions policy. This development has been hailed by politicians, with Dominic Raab announcing measures targeting those responsible for or involved in serious violations of human rights, and saying that “Global Britain will be an even stronger force for good in the world, in the years ahead”. However, businesses will be forgiven for thinking that another set of regulations just means another set of headaches and compliance challenges. Sector/service Joins: International Trade Regulation 
• High Court issues barring order under CPR 19.8A and finds rule extends to constructive trusts
  26/06/2020
  Read more about High Court issues barring order under CPR 19.8A and finds rule extends to constructive trusts
  In a recent High Court case, HFW (and a number of other firms) acted on behalf of a group of applicants who were successful in persuading the court to utilise its CPR powers to actively manage complex fraud and insolvency litigation. Sector/service Joins: Dispute Resolution  RESTRUCTURING HUB 
• Supreme Court blesses the use of adjudication by insolvency practitioners in construction disputes
  25/06/2020
  Read more about Supreme Court blesses the use of adjudication by insolvency practitioners in construction disputes
  In a clear and unanimous judgment,¹ the Supreme Court has endorsed the use of adjudication by insolvency practitioners as a means of resolving disputes arising under construction contracts. In doing so, the Supreme Court has provided a timely reminder of the benefits of adjudication in relation to construction disputes more generally. Sector/service Joins: Construction  Fraud and Insolvency  Dispute Resolution  RESTRUCTURING HUB 
• Design and Building Practitioners Act 2020 (NSW) – toward a potentially increased liability
  22/06/2020
  Read more about Design and Building Practitioners Act 2020 (NSW) – toward a potentially increased liability
  On 11 June 2020, the new Design and Building Practitioners Act 2020 No 7 (NSW) (the Act) was enacted. Sector/service Joins: Construction  Australia  Asia Pacific 
• Australian parliamentary inquiry into the class action industry
  16/06/2020
  Read more about Australian parliamentary inquiry into the class action industry
  Class actions financed by litigation funders loom large in the Australian legal landscape. On 5 March 2020, the Morrison government announced a wide-ranging inquiry into the regulation of class actions and the litigation funding industry. The terms of reference were specifically expanded on 13 May 2020 to include “the potential impact of Australia’s current class action industry on vulnerable Australian business already suffering the impacts of the COVID-19 pandemic.” Sector/service Joins: Dispute Resolution  Asia Pacific 
• The New Commercial Court Law - Highlights of the new law
  16/06/2020
  Read more about The New Commercial Court Law - Highlights of the new law
  The new Commercial Court Law (the Law) issued by Royal Decree No. (M / 93) dated 15/08/1441 AH is considered a “quantum leap” in the development of the commercial judiciary in the Kingdom. It includes provisions that concern investors, traders and their counterparts in commercial transactions, as well as keeping pace with the Kingdom’s 2030 vision, which aims to build a strong and diversified economy for the Kingdom. Sector/service Joins: Commercial  Middle East  Riyadh 
• Overhaul of Australia’s foreign investment regime proposed
  16/06/2020
  Read more about Overhaul of Australia’s foreign investment regime proposed
  The Federal Government has proposed the most comprehensive reforms to Australia’s foreign investment review framework in more than 20 years. Sector/service Joins: Construction  Asia Pacific 
• Sulphur emissions in Northern Europe: Five years on, June 2020
  11/06/2020
  Read more about Sulphur emissions in Northern Europe: Five years on, June 2020
  Back in June 2017 we published an update¹ on compliance with sulphur oxide (SOx) emissions limits in the Baltic Sea Emissions Control Area, where since 1 January 2015 vessels have not been permitted to burn bunkers with more than 0.10% m/m SOx content. Much has changed since then. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in Regulation  Sustainability in transport 
• English Court Support for Arbitration – Developments
  10/06/2020
  Read more about English Court Support for Arbitration – Developments
  Commercial Court upholds supremacy of arbitration and overturns section 44(3) of the Arbitration Act 1996 injunction – not deemed “necessary” and “appropriate” Sector/service Joins: Dispute Resolution 
• The changing landscape of UK insolvencies: The Corporate Insolvency and Governance Bill
  05/06/2020
  Read more about The changing landscape of UK insolvencies: The Corporate Insolvency and Governance Bill
  The highly anticipated Corporate Insolvency and Governance Bill (the "Bill") was finally published on 20 May 2020. Following its second and third readings in the House of Commons yesterday (3 June 2020), the Bill will now be considered by the House of Lords in the coming days. Sector/service Joins: Corporate  Fraud and Insolvency  RESTRUCTURING HUB 
• Court Ordered Notice in Relation to Claims in Certain Property in Commercial Court Proceedings (In the matter of Gerald Martin Smith, CL-2017-000323)
  04/06/2020
  Read more about Court Ordered Notice in Relation to Claims in Certain Property in Commercial Court Proceedings (In the matter of Gerald Martin Smith, CL-2017-000323)
  Pursuant to paragraph 11 of the order of Mr Justice Foxton dated 20 May 2020 (the "Order"), the Joint Liquidators of Unicorn Worldwide Holdings Limited (in liquidation) and others (the 21st to 23rd Respondents), has instructed its lawyers, HFW, to post a copy of Schedule 4 to the Order on its website. Sector/service Joins: Dispute Resolution 
• The Supreme Court Sets New Standard For Clean Water Act Permits
  02/06/2020
  Read more about The Supreme Court Sets New Standard For Clean Water Act Permits
  In a highly anticipated opinion the United States Supreme Court held that the Clean Water Act (“CWA” or “Act”) applies to the release of pollutants that are eventually conveyed through groundwater into navigable waters. Sector/service Joins: Shipping  USA & Canada  Houston  SUSTAINABILITY HUB  Sustainability in Regulation 
• Indonesia: New Regulatory Updates on the Obligation to Use Indonesian Vessels for Certain Exports and Imports
  27/05/2020
  Read more about Indonesia: New Regulatory Updates on the Obligation to Use Indonesian Vessels for Certain Exports and Imports
  In the midst of the global pandemic Covid-19, the Indonesian Government has finally issued a new regulation on the use of national sea transport for the export and import of certain goods, replacing the previous regulation (Minister of Trade Regulation Number 82 of 2017 as lastly amended by the Minister of Trade Regulation Number 80 of 2018), on which we reported here. Sector/service Joins: Asia Pacific  International Trade Regulation 
• Recent EU Trade Policy and the Implications for the Negotiations on Future Relationship with the UK
  11/05/2020
  Read more about Recent EU Trade Policy and the Implications for the Negotiations on Future Relationship with the UK
  EU trade policy is likely to receive considerable attention over the next few months, as the EU negotiates its future trading relationship with the UK. Sector/service Joins: EU, Competition and Trade Regulatory 
• Force Majeure – Now What? A Three-Step Framework for Mitigation
  04/05/2020
  Read more about Force Majeure – Now What? A Three-Step Framework for Mitigation
  COVID-19 has led many companies to seek shelter within the force majeure provisions of their contracts, and our earlier briefings on this can be found on our website¹. But, having declared force majeure, what should you do next? Can you simply wait until it all blows over? The reality is that there is a continuing duty to mitigate the impacts of force majeure events. Here, we run over the basics and set out a three-step framework to assist you in protecting your position. Sector/service Joins: Dispute Resolution 
• Maritime arbitrators: practical steps to manage your sanctions risk
  30/04/2020
  Read more about Maritime arbitrators: practical steps to manage your sanctions risk
  Shipping is currently in the centre of the sanctions spotlight – that is abundantly clear from recent US enforcement action, as well as public statements by US politicians. Sector/service Joins: Shipping  Dispute Resolution  International Trade Regulation 
• When is control too remote?
  29/04/2020
  Read more about When is control too remote?
  This briefing looks at the recent English Commercial Court judgment in Pipia v BGEO Group Ltd [2020] EWHC 402 (Comm)¹, which gives welcome clarity, for the purposes of disclosure, on the extent to which a parent company would have control over documents held by its subsidiaries. Sector/service Joins: Dispute Resolution 
• Adopt the Electronic Signature in French Corporate Law
  28/04/2020
  Read more about Adopt the Electronic Signature in French Corporate Law
  In France, it has been more than 20 years since the electronic signature was enshrined in Law No. 2000-230 of 13 March 2000 (Article 1367 of the French Civil Code), which defines it as "the use of a reliable identification process guaranteeing its link with the document to which it is attached". Sector/service Joins: Corporate  Paris 
• Improving liquidity by selling debts –a look at anti-assignment provisions in receivables financing.
  28/04/2020
  Read more about Improving liquidity by selling debts –a look at anti-assignment provisions in receivables financing.
  Debts and contractual rights are generally freely assignable, unless prohibited by statute or, more often, by contract. This article will consider non-assignment clauses in the context of receivables financing by examining recent developments in this area of English law, which flag important issues for all parties to bear in mind. Sector/service Joins: Geneva  Finance  International Trade Regulation 
• Adoptez la signature electronique en droit des societes
  27/04/2020
  Read more about Adoptez la signature electronique en droit des societes
  En France, cela fait plus de 20 ans que la signature électronique a été consacrée par la loi n° 2000-230 du 13 mars 2000 (article 1367 du Code civil) qui la définit comme suit : "elle consiste en l'usage d'un procédé fiable d'identification garantissant son lien avec l'acte auquel elle s'attache." Sector/service Joins: Corporate 
• Can lawyers ever disclose their clients’ privileged documents?
  24/04/2020
  Read more about Can lawyers ever disclose their clients’ privileged documents?
  It is well established that under English law Legal Advice Privilege (LAP) can protect the confidentiality of lawyer / client communications where legal advice is being sought. However, a recent decision has confirmed the principle that such privilege does not attach to communications between lawyer and client if the lawyer is instructed for the purpose of furthering crime, fraud or iniquity. Sector/service Joins: Dispute Resolution  Fraud and Insolvency  RESTRUCTURING HUB 
• 'Negative' oil prices: what traders need to know
  22/04/2020
  Read more about 'Negative' oil prices: what traders need to know
  Oil companies are currently facing a tremendous challenge. With massive oversupply in the market and storage facilities at capacity, the oil price has plummeted. The US has seen a "negative" price (sellers potentially paying buyers to take oil off their hands) for the first time in history. There is also the risk of negative prices arising in trading contracts, where price formulae involve the application of a discount to the already low benchmark price. Sector/service Joins: Commodities 
• EU Sanctions Authorities Start to Show Their Teeth
  07/04/2020
  Read more about EU Sanctions Authorities Start to Show Their Teeth
  On 31 March 2020, the UK's Office of Financial Sanctions Implementation (OFSI) announced that the Economic Secretary to the Treasury had upheld the decision to impose two fines on Standard Chartered Bank for breaching EU financial sanctions on Sberbank and its former subsidiary Denizbank A.S. Sector/service Joins: EU, Competition and Trade Regulatory  International Trade Regulation 
• Sanchez v. Smart Fabricators – Fifth Circuit Denies Seaman Status to Offshore Worker Injured on Jack-Up Rig
  06/04/2020
  Read more about Sanchez v. Smart Fabricators – Fifth Circuit Denies Seaman Status to Offshore Worker Injured on Jack-Up Rig
  In Sanchez v. Smart Fabricators of Texas, LLC, No. 19-20506 (5th Cir. March 11, 2020), the Fifth Circuit took up seaman status once again, this time focusing on whether a person’s connection to a vessel in navigation is substantial in nature. Sector/service Joins: Shipping  Dispute Resolution 
• The Sixteen-Year Voyage Of The M/T Athos I Through The US Courts Comes To An End: US Supreme Court Decides That A Safe-Berth Clause Establishes A Warranty Of Safety
  03/04/2020
  Read more about The Sixteen-Year Voyage Of The M/T Athos I Through The US Courts Comes To An End: US Supreme Court Decides That A Safe-Berth Clause Establishes A Warranty Of Safety
  Safe-berth clauses appear in a variety of maritime contracts such as charters and tariffs, as well as in hybrid commodities sales contracts. The United States Supreme Court’s M/T Athos I decision resolved a circuit split on the interpretation of a safe-berth clause and holds that an unqualified safe-berth clause is a contractual warranty that imposes strict liability for breach. Sector/service Joins: Shipping  USA & Canada 
• Does the winner take all? The Fifth Circuit clarifies who is a prevailing party in maritime contracts
  01/04/2020
  Read more about Does the winner take all? The Fifth Circuit clarifies who is a prevailing party in maritime contracts
  In commercial maritime disputes, the potential award of attorney’s fees under a fee-shifting clause can greatly impact resolution strategy. In Genesis Marine LLC of Delaware v. Hornbeck Offshore Services LLC,¹ the Fifth Circuit addressed the issue of “what constitutes a prevailing party in the context of a maritime contract dispute”² which will provide guidance to parties assessing risk of potential commercial marine claims. Sector/service Joins: Shipping  USA & Canada 
• Texas Supreme Court addresses insurance coverage and extrinsic evidence
  31/03/2020
  Read more about Texas Supreme Court addresses insurance coverage and extrinsic evidence
  The United States Court of Appeals for the Fifth Circuit recently sent a certified question to the Texas Supreme Court asking whether a policy-language exception to the eight-corners rule—i.e., that the eight-corners rule does not apply to policies lacking language requiring an insurer to defend its insured “even if the allegations of the suit are groundless, false or fraudulent”—is a permissible exception under Texas law. Sector/service Joins: Insurance & Reinsurance  USA & Canada 
• Soft commodities: Unwinding certificates final – quality and description
  20/03/2020
  Read more about Soft commodities: Unwinding certificates final – quality and description
  This is the first instalment in a series of articles focussing on issues affecting soft commodities traders. Sector/service Joins: Commodities 
• Asbestos at sea: An unexpected problem
  18/03/2020
  Read more about Asbestos at sea: An unexpected problem
  Less than one year remains for the owners of any ships calling at EU ports or anchorages to arrange surveys, required by the EU Ship Recycling Regulation, to identify if hazardous materials including asbestos, are present on board. Will such surveys lead to an unwelcome and unexpected surprise with asbestos estimated to be present on a significant number of ships? Can owners be confident of relying on certification that the vessel is "asbestos free" when built? The answer for some owners may unfortunately be no. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• Privilege and the Regulator, is FRC v Sports Direct the end of the story?
  11/03/2020
  Read more about Privilege and the Regulator, is FRC v Sports Direct the end of the story?
  English legal professional privilege (LPP) is again in the limelight, this briefing looks at the recent Court of Appeal decision in FRC v Sports Direct¹, which ruled on whether legal advice privilege (LAP), one of the two forms of LPP (the other being litigation privilege), will continue to apply to protected documents provided to the client’s auditor under a limited waiver. Sector/service Joins: Dispute Resolution 
• LME warehouse reforms come into effect
  11/03/2020
  Read more about LME warehouse reforms come into effect
  The London Metal Exchange (LME) has been on a path of reform since 2013. Its initial focus was on infrastructure and operational efficiency. More recently, it turned its attention to reducing stock levels in LME-listed warehouses. Its latest reforms came into effect on 1 February 2020. Sector/service Joins: Commodities 
• Saudi Arabia – aggregator rules - update
  05/03/2020
  Read more about Saudi Arabia – aggregator rules - update
  On 19 February 2020, the Saudi Arabian Monetary Authority ("SAMA") announced the issuance of the Rules Governing Insurance Aggregation Activities (the "Rules"). Sector/service Joins: Insurance & Reinsurance  Riyadh  Middle East 
• The English Court of Appeal Confirms that the ‘Arkin cap’ is not a binding rule in litigation funding: good news for defendants.
  04/03/2020
  Read more about The English Court of Appeal Confirms that the ‘Arkin cap’ is not a binding rule in litigation funding: good news for defendants.
  The Court of Appeal has recently upheld the Chancery Division’s decision in Chapelgate Master Fund Opportunity v Money¹, and in so doing confirmed that the ‘Arkin cap’ is not a binding rule, but merely guidance. This briefing gives an update on the earlier court decision on which we wrote in our briefing entitled: “Are We Seeing The End Of The ‘Arkin Cap’ Limiting A Funder’s Liability For Adverse Costs?”² Sector/service Joins: Dispute Resolution  London 
• SAMA Actuarial Work Regulation for Insurance
  04/03/2020
  Read more about SAMA Actuarial Work Regulation for Insurance
  The Saudi Arabian Monetary Authority (SAMA) announced the issuance of the Actuarial Work Regulation (the Rules) for Insurance on 1 March 2020. This comes after SAMA called for views on the draft regulation in November 2019, and it replaces the previous Regulations for Actuarial Acts of Insurance and/or Reinsurance Companies. Sector/service Joins: Insurance & Reinsurance  Middle East 
• Quincecare Duty in the spotlight: more trouble for banks?
  04/03/2020
  Read more about Quincecare Duty in the spotlight: more trouble for banks?
  Almost thirty years ago, the English courts found that a bank owes a fiduciary duty to its customer, known as the Quincecare duty of care (the Quincecare Duty). Since then, it has rarely been relied upon by customers seeking to take action against their bank. However, this may be about to change following two recent decisions which have thrust the Quincecare Duty back into the spotlight. Sector/service Joins: Dispute Resolution  Finance  Financial Institutions 
• EU Imposes Turkey asset freezes
  02/03/2020
  Read more about EU Imposes Turkey asset freezes
  The EU has now made its first designations under the Turkey sanctions. Sector/service Joins: EU, Competition and Trade Regulatory  International Trade Regulation 
• The UAE's New Life Assurance Regulations – One Month Until Implementation
  02/03/2020
  Read more about The UAE's New Life Assurance Regulations – One Month Until Implementation
  Next month, the Insurance Authority Board of Directors' Decision No. (49) of 2019 Concerning Instructions for Life Insurance and Family Takaful Insurance (the Life Regulations) will come into legal effect. The Life Regulations have the potential to dramatically alter the way in which life assurance products are sold in the UAE. Sector/service Joins: Insurance & Reinsurance 
• Facial Recognition: Facing the Future
  28/02/2020
  Read more about Facial Recognition: Facing the Future
  ‘Facial recognition’ is a technique which uses technology to identify individuals from digital images of individuals’ faces. As use of this technology has grown, so too has the controversy surrounding it, particularly when used ‘live’ (ie. using technology which scans and identifies individuals’ faces in real time). Sector/service Joins: EU, Competition and Trade Regulatory 
• Getting the Green Light for Sustainable Finance in the Commodities Sector
  24/02/2020
  Read more about Getting the Green Light for Sustainable Finance in the Commodities Sector
  How can borrowers in the commodities sector ensure they don’t miss out on funding from green loans and sustainability linked lending? Sector/service Joins: Commodities  Finance  Geneva  Sustainability in Finance  SUSTAINABILITY HUB 
• Supreme Committee of the Insurance Regulation Unit now established in Kuwait
  17/02/2020
  Read more about Supreme Committee of the Insurance Regulation Unit now established in Kuwait
  On 30 January 2020 the Kuwaiti Minister of Commerce and Industry issued a decision (No,24/2020) forming the Supreme Committee ("Committee") of the Insurance Regulation Unit ("IRU"). Sector/service Joins: Insurance & Reinsurance  Middle East 
• The new French regulations on “personal mobility devices” raise some insurance questions
  14/02/2020
  Read more about The new French regulations on “personal mobility devices” raise some insurance questions
  Decree n°2019-1082 of October 25, 2019 regarding the regulation of motorized personal transport vehicles has provided long-awaited answers to the process of approval and circulation of electric scooters. However, some questions remain. Sector/service Joins: Insurance & Reinsurance  Paris 
• Draft Rules Regarding Bancassurance Activities in KSA
  12/02/2020
  Read more about Draft Rules Regarding Bancassurance Activities in KSA
  On 5 February 2020, the Saudi Arabian Monetary Agency ('SAMA') released the 'Draft Rules Governing Bancassurance Activities' (the 'Rules') regarding the sale of (undefined) insurance products by banks in the Kingdom of Saudi Arabia ('KSA'). The Rules set standards for the bancassurance industry. Sector/service Joins: Insurance & Reinsurance  Middle East 
• And the award goes to… Legal Innovation!
  10/02/2020
  Read more about And the award goes to… Legal Innovation!
  The world is not static. Innovation and progress are constant in all areas of society, including economics, technology, and commerce. The law is no different and must adapt to society’s ever-changing needs. In this article we discuss some important areas where the law and practice of law firms is developing or is likely to change in the future. Sector/service Joins:
• New Draft Electronic Insurance Regulations Released
  10/02/2020
  Read more about New Draft Electronic Insurance Regulations Released
  The eagerly awaited UAE Electronic Insurance Regulations have been in the consultation stage for some time now. Last year, we provided an update on the status of the draft Regulations and analysed some of the principle features which insurers and insurance professionals should be aware of – please see here. Sector/service Joins: Insurance & Reinsurance  Middle East 
• WELCAR and Damage to Existing Property – the search for certainty of cover
  10/02/2020
  Read more about WELCAR and Damage to Existing Property – the search for certainty of cover
  We have recently been involved in a case where a dispute arose about the cover for physical damage to first party property (and consequential loss) under the standard endorsement/buy back for Damage To Existing Property wording for the WELCAR offshore construction policy form. To avoid this kind of dispute going forward, Partner Jonathan Bruce considers how the market can provide this cover and give insureds clarity on this issue. Sector/service Joins: Insurance & Reinsurance 
• High Court gives guidance on duties owed by Directors following administration and creditors’ voluntary liquidation
  07/02/2020
  Read more about High Court gives guidance on duties owed by Directors following administration and creditors’ voluntary liquidation
  In what is believed to be the first case to deal with the question, any doubt as to whether the entirety of the duties owed by directors continue post administration or creditors’ voluntary liquidation (CVL) has been firmly laid to rest by the Insolvency and Companies Court’s (ICC) decision of ICC Judge Barber in Hunt (as Liquidator of Systems Building Services Group Limited) v Mitchie and Others [2020]¹. Sector/service Joins: Dispute Resolution  Fraud and Insolvency  Corporate  RESTRUCTURING HUB 
• LOF 2020 – an update to the world’s oldest and most commonly used salvage contract
  05/02/2020
  Read more about LOF 2020 – an update to the world’s oldest and most commonly used salvage contract
  On 1 January 2020, the Lloyd’s Salvage Arbitration Branch launched an updated edition of the Lloyd’s Standard Form of Salvage Agreement, or Lloyd’s Open Form (LOF 2020). Sector/service Joins: Shipping  London 
• UAE: Insurance Disputes and the Arbitration Agreement
  03/02/2020
  Read more about UAE: Insurance Disputes and the Arbitration Agreement
  The position on the validity of arbitration agreements in insurance disputes has always been an area of uncertainty in the UAE. Sector/service Joins: Insurance & Reinsurance  Middle East 
• Redefining Waters of the United States: New Federal Act Preserves State Authority Over Water Resources
  24/01/2020
  Read more about Redefining Waters of the United States: New Federal Act Preserves State Authority Over Water Resources
  On 23 January 2020, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) finalized the Navigable Waters Protection Rule to define “waters of the United States” and establish federal regulatory authority under the Clean Water Act of 1972 (CWA)¹. Sector/service Joins: Shipping 
• Legal Advice is Dominant
  24/01/2020
  Read more about Legal Advice is Dominant
  In a Court of Appeal judgment published earlier this week, in which Hickinbottom LJ gave the lead judgment, and Patten and Peter Jackson LJJ both agreed, the Court of Appeal in dismissing an appeal on all grounds, gave helpful clarification on the application of legal advice privilege (LAP), finding that the relevant document or communication must have been created for the dominant purpose of giving or receiving legal advice. This clarifies what has, until now, been an uncertain area. Sector/service Joins: Dispute Resolution 
• Enforcement of judgments between UAE and India gets easier
  20/01/2020
  Read more about Enforcement of judgments between UAE and India gets easier
  By notification just issued on 17 January 2020 (and published on 18 January 2020), the Ministry of Law & Justice in India has declared the UAE to be a reciprocating territory for the purpose of enforcing foreign judgments under the Indian Code of Civil Procedure, 1908. This means that enforcing UAE judgments in India (and vice versa, potentially) has just become much easier and more straightforward. Sector/service Joins: Shipping  Middle East  Indian Sub-continent 
• Offshore Impact: Customs and Border Protection issues a significant notice that changes Jones Act interpretation
  20/01/2020
  Read more about Offshore Impact: Customs and Border Protection issues a significant notice that changes Jones Act interpretation
  On December 11, 2019, U.S. Customs and Border Protection (CBP) issued a significant Customs Bulletin and Notice (the Notice)¹ that will impact whether coastwise qualified vessels are required for certain offshore operations. Sector/service Joins: Shipping 
• Autonomous ships: Drawing a line in the sand
  17/01/2020
  Read more about Autonomous ships: Drawing a line in the sand
  In our first 2020 briefing¹ for our series on Maritime Autonomous Surface Ships (MASS), we consider changes to both the UK Code of Practice (COP) on MASS, signs of progress from the IMO in mapping the regulatory framework of autonomous shipping and a host of other exciting projects, vessel developments and events in which HFW has participated. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• Australia issues regulations for implementation of IMO2020 premised on a policy of strict compliance
  16/01/2020
  Read more about Australia issues regulations for implementation of IMO2020 premised on a policy of strict compliance
  One of the many challenges faced by shipowners with the coming into effect from 1st January 2020 of the MARPOL Convention Annex VI global sulphur cap reduction for marine fuel (IMO2020), is the approach that will be taken by Port State Control (PSC) agencies to IMO2020 compliance in different jurisdictions. Sector/service Joins: Shipping  Asia Pacific 
• Cross border transactions into the EU or UK: will you be caught by the new DAC6 reporting requirements?
  15/01/2020
  Read more about Cross border transactions into the EU or UK: will you be caught by the new DAC6 reporting requirements?
  This briefing is a step by step guide to the new EU disclosure requirements for certain cross-border transactions and/or arrangements. Sector/service Joins: EU, Competition and Trade Regulatory 
• Iranian Airspace Restrictions: Managing EU261 Exposures
  14/01/2020
  Read more about Iranian Airspace Restrictions: Managing EU261 Exposures
  This briefing provides guidance to carriers on the Iranian airspace restrictions and considers the impact this will have on the management of passenger claims arising out of EU261. Sector/service Joins: Aerospace 
• Email payment frauds - staying one step ahead
  09/01/2020
  Read more about Email payment frauds - staying one step ahead
  Email payment frauds are becoming more elaborate and can have a heavy financial cost for those that fall victim to them. In this briefing, we examine what businesses can do to prevent themselves becoming a victim to these frauds and to recover money paid out if they do fall victim to such a fraud. Sector/service Joins: Commodities  Dispute Resolution  Fraud and Insolvency 
• When you act in good faith, will you ever walk alone?
  08/01/2020
  Read more about When you act in good faith, will you ever walk alone?
  In its recent decision of New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837, the English High Court shed light on the meaning of what constitutes good faith. This is a reminder to all parties on the importance of the implied duty of good faith in negotiations and making of tenders. Sector/service Joins: Dispute Resolution 
• The GDPR Abroad: EU guidelines on territorial scope finalised
  07/01/2020
  Read more about The GDPR Abroad: EU guidelines on territorial scope finalised
  In November 2019 the European Data Protection Board (EDPB) published its finalised Guidelines¹ on the territorial scope of the EU General Data Protection Regulation (GDPR)². Sector/service Joins: EU, Competition and Trade Regulatory  Data Protection 
• Indian Supreme Court settles uncertainty on the application of the Indian Arbitration Act
  06/01/2020
  Read more about Indian Supreme Court settles uncertainty on the application of the Indian Arbitration Act
  In a culmination of the continuing back and forth between the Indian Supreme Court and the legislature regarding the applicability of the 2015 amendments to the Indian Arbitration Act, the Supreme Court found certain sections of the latest 2019 amendments to be unconstitutional in its decision in Hindustan Construction Company Ltd. v. Union of India.^[1] Sector/service Joins:
• Gender diversity in the aviation industry: Latest studies identify areas of focus for 2020 and beyond
  03/01/2020
  Read more about Gender diversity in the aviation industry: Latest studies identify areas of focus for 2020 and beyond
  The World Economic Forum's Global Gender Gap Report 2020 revealed that gender parity will not be attained for 99.5 years – a reminder that true gender equality is a marathon, not a sprint. Sector/service Joins: Aerospace  Asia Pacific 
• Cabinet Office honours data breach: a reminder to lock up your personal data
  31/12/2019
  Read more about Cabinet Office honours data breach: a reminder to lock up your personal data
  The UK Government’s Cabinet Office made headlines for the wrong reasons recently after accidentally publishing personal address details of recipients of New Year honours online. Sector/service Joins: EU, Competition and Trade Regulatory  Data Protection 
• Indonesian government revokes regulation on foreign construction businesses
  19/12/2019
  Read more about Indonesian government revokes regulation on foreign construction businesses
  Indonesia's June 2019 issuance of Regulation No. 09/PRT/M/2019 (2019 Regulation)¹ sought to provide additional guidance for foreign stakeholders in the Indonesian construction industry, further to 2017’s Construction Law No. 2². Sector/service Joins: Construction  Asia Pacific 
• Comprehensively Yachts - Industry Briefing
  19/12/2019
  Read more about Comprehensively Yachts - Industry Briefing
  At the end of another busy year for our yacht team and the yachting industry as a whole, we are pleased to publish our latest yachting industry briefing. Sector/service Joins: Shipping 
• Good Faith in the UAE - An Insurance focus
  17/12/2019
  Read more about Good Faith in the UAE - An Insurance focus
  The concept of good faith differs between common law and civil law systems, particularly in relation to insurance and reinsurance contracts. This article highlights the key points to bear in mind in relation to good faith in the UAE and how this can impact on claims. Sector/service Joins: Insurance & Reinsurance  Middle East 
• To Be Maritime or Not To Be Maritime – That Is the Question
  13/12/2019
  Read more about To Be Maritime or Not To Be Maritime – That Is the Question
  In Barrios v. Centaur, LLC, the United States Court of Appeals for the Fifth Circuit expands the application of the In re Larry Doiron test to Mixed-Services Contracts Sector/service Joins: Shipping 
• FinSA: The new Swiss Financial Services Act and new obligations for companies which manage other parties' risk
  11/12/2019
  Read more about FinSA: The new Swiss Financial Services Act and new obligations for companies which manage other parties' risk
  The Swiss Financial Services Act ("FinSA"), the Swiss equivalent to MIFID II, will come into effect in stages from 1 January 2020 onwards. The aim of FinSA is different from other Swiss regulations dealing with derivatives, in that its purpose is to protect the customers of financial service providers and to regulate market conduct. Sector/service Joins: Commodities  Geneva  Finance 
• New year, new rules: changes to MC99 and new MP14 regime
  10/12/2019
  Read more about New year, new rules: changes to MC99 and new MP14 regime
  We explore the recent changes to two existing international aviation treaties, MC99 and the Tokyo Convention 1963, and the likely impact on aviation industry stakeholders. Sector/service Joins: Aerospace  Asia Pacific 
• Airlines vs. claims agencies…the EU261 fight continues!
  29/11/2019
  Read more about Airlines vs. claims agencies…the EU261 fight continues!
  In February this year, low-cost carrier Ryanair secured a significant victory for the airline industry when the English Court of Appeal (CA) ruled in its favour in a dispute with solicitors Bott & Co, who specialise in the volume pursuit of compensation claims against airlines under EU Regulation 261/2004 (EU261)¹. In November, Bott & Co were granted permission to appeal, paving the way for the UK Supreme Court (formerly the House of Lords) to consider issues arising out of EU261 for the first time in its history². Sector/service Joins: Aerospace 
• Singapore Court refuses to enforce international arbitration award
  29/11/2019
  Read more about Singapore Court refuses to enforce international arbitration award
  In its recent decision in ST Group Co. Ltd. v. Sanum Investments Limited [2018] SGHC 141¹, the Court of Appeal in Singapore refused to enforce an award for the reason that the award incorrectly decided to seat the arbitration in Singapore. Sector/service Joins: Energy 
• KSA Inherent Defects Insurance
  27/11/2019
  Read more about KSA Inherent Defects Insurance
  With the number of developments announced recently in Saudi Arabia, the KSA construction industry is going through a dynamic and exciting phase. It may therefore come as no great surprise that the KSA regulatory authorities are taking an increasing interest in insurance in this sector. Sector/service Joins: Middle East  Insurance & Reinsurance 
• Do I Need a Ship Recycling Policy?
  26/11/2019
  Read more about Do I Need a Ship Recycling Policy?
  The entry into force of the European Ship Recycling Regulation EC NO. 1257/2013 (the SRR) on 31 December 2018 once again brought ship recycling back into the limelight. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• The UAE's Draft Electronic Insurance Regulations and the Outsourcing of Electronic Insurance Operations
  19/11/2019
  Read more about The UAE's Draft Electronic Insurance Regulations and the Outsourcing of Electronic Insurance Operations
  Earlier this year, the Insurance Authority released draft regulations relating to Electronic Insurance (the Draft Regulations). While the Draft Regulations have not yet been implemented, there are certain proposed provisions which insurers and insurance professionals should be aware of. Sector/service Joins: Insurance & Reinsurance  Middle East 
• Future of Flight series: Urban air mobility – Challenges and Change
  18/11/2019
  Read more about Future of Flight series: Urban air mobility – Challenges and Change
  Our Future of Flight series considers the legal and regulatory challenges facing the aerospace industry due to the rapidly changing dynamics in the skies and on the ground. Sector/service Joins: Aerospace  Singapore 
• Turkey: EU Sanctions by Christmas?
  15/11/2019
  Read more about Turkey: EU Sanctions by Christmas?
  On 11 November 2019 the EU adopted the legal framework to impose asset freezing measures against certain individuals and entities in Turkey. Sector/service Joins: International Trade Regulation 
• Volumatic Ltd v Ideas for Life Ltd: English Court refuses to find binding contract, despite written document
  11/11/2019
  Read more about Volumatic Ltd v Ideas for Life Ltd: English Court refuses to find binding contract, despite written document
  The English Intellectual Property Enterprise Court recently examined the objective test to be employed when determining the parties' intention to create legal relations through a written document. Sector/service Joins:
• Supreme Court clarifies when non-party costs liability arises
  11/11/2019
  Read more about Supreme Court clarifies when non-party costs liability arises
  On 30 October 2019 the Supreme Court handed down its decision in Travelers Insurance Company Ltd v XYZ¹, which will be welcomed by liability insurers. Sector/service Joins: Insurance & Reinsurance 
• 2019 Hurricane Season
  08/11/2019
  Read more about 2019 Hurricane Season
  Hurricane Dorian, which recently devastated the northwestern Bahamas and caused significant damage to the southwestern United States and Atlantic Canada, was the first major hurricane of the 2019 Atlantic hurricane season. Most current projections estimate that something in the region of 2 – 4 further major hurricanes can be expected during the 2019 season, suggesting above average activity. Sector/service Joins: Insurance & Reinsurance 
• Clarification on Translation Requirements for Insurance Policies
  08/11/2019
  Read more about Clarification on Translation Requirements for Insurance Policies
  The UAE Insurance Authority has recently issued Administrative Decision No. 140 of 2019 Concerning the Exclusion of Some Insurance Policies From the Requirement of Being Written in the Arabic Language (the Decision). The Decision has served to clarify which classes of insurance policy must be translated into Arabic. Sector/service Joins: Insurance & Reinsurance  Middle East 
• Navigating a shareholders agreement: Financing the company
  08/11/2019
  Read more about Navigating a shareholders agreement: Financing the company
  In the fourth of our HFW Insights: Navigating a shareholders agreement series, in which we distil common corporate and transactional issues into bite-sized insight, we explore key financing issues in the context of joint ventures. Sector/service Joins: Corporate 
• Commodities: Common Issues in oil trading contracts – Demurrage in sales contracts
  08/11/2019
  Read more about Commodities: Common Issues in oil trading contracts – Demurrage in sales contracts
  This is the third in our series looking at common problems which can arise in oil trading contracts. In a previous article, we looked at issues arising from the use of the term “laycan” in sale contracts. Here, we consider why and how demurrage clauses are included in sale contracts and what effect they have. Sector/service Joins: Commodities 
• Managing sanctions risk in contracts: the High Court provides guidance
  24/10/2019
  Read more about Managing sanctions risk in contracts: the High Court provides guidance
  Given the broad scope of international trade sanctions, the potential for new measures to be introduced with no warning, and the significant fines that have been imposed for sanctions breaches, we strongly recommend that all contracts for international trade should contain a robust sanctions clause. Two recent decisions of the High Court provided useful guidance on the interpretation of such clauses. Sector/service Joins: International Trade Regulation 
• BRILLANTE VIRTUOSO: a cautionary tale for co-assured banks and mortgagees' interest insurers
  17/10/2019
  Read more about BRILLANTE VIRTUOSO: a cautionary tale for co-assured banks and mortgagees' interest insurers
  The High Court has dismissed a claim by the mortgagee bank of the "BRILLANTE VIRTUOSO" under the terms of the vessel's war risks policy on the basis that the constructive total loss of the vessel was caused by the wilful misconduct of the owner. Sector/service Joins:
• Warehouse receipts, fraud and attornment: an English Commercial Court judgment
  17/10/2019
  Read more about Warehouse receipts, fraud and attornment: an English Commercial Court judgment
  The English Court has again considered a case arising out of fraud in warehouses. The judgment in Natixis –v- Marex and Access World¹ looks at the relationship between warehouse operators and metal owners, the status of warehouse receipts and the function of the acknowledgement from the warehouse operator that it holds the goods on behalf of the owner. Sector/service Joins: Commodities 
• Prudential and rothesay: Has Populism reached Part VIIs?
  15/10/2019
  Read more about Prudential and rothesay: Has Populism reached Part VIIs?
  Much has been written in recent weeks about Lord Snowden’s decision, in a somewhat emotive judgment¹, to block the Part VII transfer of the Prudential Assurance Company’s (PAC) annuity book to Rothesay Life. But what does it really mean for the market and for future Part VIIs? Sector/service Joins: Insurance & Reinsurance 
• Indonesia’s 2019 Regulation for construction businesses: Important news for foreign investors
  14/10/2019
  Read more about Indonesia’s 2019 Regulation for construction businesses: Important news for foreign investors
  The June 2019 implementation of Indonesia’s Regulation No. 09/PRT/M/2019 (the 2019 Regulation) seeks to provide additional guidance for foreign stakeholders in the Indonesian construction industry, further to 2017’s Construction Law No. 2¹. We explore the scope of the 2019 Regulation – along with concerns about its possible impact on foreign investment into Indonesia. Sector/service Joins: Construction 
• Cut out the middle man
  14/10/2019
  Read more about Cut out the middle man
  Recent high profile news reports demonstrate the difficulties in ensuring that agents do not cause their trading principals to fall foul of anti-bribery and corruption laws. We look at what trading principals can do to manage this risk. Sector/service Joins: Commodities 
• Positive STJ decision prohibits automatic moral damages for flight delay
  11/10/2019
  Read more about Positive STJ decision prohibits automatic moral damages for flight delay
  On Robson da Silva Balbe vs. Airline (REsp No. 1.796.716 – MG), the Superior Tribunal of Justice (“STJ”, the Brazilian Supreme Court for non-constitutional matters) decided that moral damages for flight delay are not “automatic” and require evidence of “an extraordinary fact that has offended the core of the appellant’s personality”, to justify this type of compensation. Sector/service Joins: Aerospace  Latin America 
• Dismantlecon
  09/10/2019
  Read more about Dismantlecon
  On 23 September 2019 BIMCO published its first standard form offshore marine services decommissioning agreement "DISMANTLECON". DISMANTLECON is a contract for the dismantling and delivery of offshore structures to an agreed place of delivery. BIMCO hopes that the form will encourage a degree of standardisation and consequent cost savings in a market anticipated by UK Oil & Gas to be worth £15.3 billion from 2018 to 2027 in the UK alone ¹. Sector/service Joins: Shipping  Oil and Gas 
• Litigation Funding in the DIFC
  07/10/2019
  Read more about Litigation Funding in the DIFC
  New Mandatory Code of Conduct Impacts on Third Party Funding in the DIFC Sector/service Joins: Dispute Resolution  Dubai  Middle East 
• ICC Incoterms 2020 - Commentary
  01/10/2019
  Read more about ICC Incoterms 2020 - Commentary
  The International Chamber of Commerce (ICC) published the 9th revision of the Incoterms last month. It will come into force on 1 January 2020. Sector/service Joins: Commodities 
• Mind the Gap: On the Outer Continental Shelf, State Law Applies Only Where There is a Gap in Federal Law
  30/09/2019
  Read more about Mind the Gap: On the Outer Continental Shelf, State Law Applies Only Where There is a Gap in Federal Law
  In Parker Drilling Management Services v. Newton, 587 U.S. __, 139 S.Ct. 1881 (2019), the U.S. Supreme Court confirmed the Fifth Circuit’s long held position that, under the Outer Continental Shelf Lands Act (OCSLA), state law is borrowed as the applicable federal law only when there is a gap in the coverage of federal law. Sector/service Joins: Shipping  Houston  USA & Canada 
• Assessing and allocating risks for digital technology in the upstream E&P sector
  26/09/2019
  Read more about Assessing and allocating risks for digital technology in the upstream E&P sector
  “The robots aren’t coming, they are already here.”¹
  
  In May 2019, the Journal of Petroleum Technology addressed the exponential growth of digitized processes in upstream oil and gas operations. The Journal cited to Roger Jenkins, Murphy Oil’s President and CEO, who stated, “[T]he adoption of digital technologies will continue to improve offshore operations, including improved well efficiency, real-time directional drilling, lower maintenance costs and safer operations.” ² Sector/service Joins: Energy  Houston  USA & Canada  Cyber Security 
• Hong Kong Insurance Briefing - September 2019
  25/09/2019
  Read more about Hong Kong Insurance Briefing - September 2019
  In this briefing we look at, New Regime for Hong Kong Insurance Intermediaries; Regulated activities; Fit & proper criteria; Intermediary management control function Sector/service Joins: Insurance & Reinsurance  Hong Kong  Asia Pacific 
• Tackling unruly passengers: Change on the horizon
  16/09/2019
  Read more about Tackling unruly passengers: Change on the horizon
  Changes to the international legal framework on the handling of unruly passengers are likely to come into force later this year.  Against the backdrop of current legislation, we outline the scope of the Montreal Protocol 2014 (MP14) and highlight some measures that carriers may wish to take to safeguard their businesses. Sector/service Joins: Aerospace 
• Thinking of applying for a freezing injunction or have just received one? Recent developments in English freezing injunctions are worth having in mind.
  11/09/2019
  Read more about Thinking of applying for a freezing injunction or have just received one? Recent developments in English freezing injunctions are worth having in mind.
  Freezing injunctions are an important litigation tool used to ensure potential assets are not disposed of and remain available to satisfy a future judgment. Sector/service Joins: Dispute Resolution 
• HFW represents Rubicon Vantage International in first-of-its-kind successful Commercial Court hybrid guarantee claim
  03/09/2019
  Read more about HFW represents Rubicon Vantage International in first-of-its-kind successful Commercial Court hybrid guarantee claim
  HFW Partner Paul Aston and Senior Associate Suzanne Meiklejohn, both based in HFW's Singapore office, represented Rubicon as claimant in an action in the Commercial Court, in Rubicon Vantage International Pte Ltd v KrisEnergy Limited [2019] EWHC 2012 (Comm). Sector/service Joins: Dispute Resolution  Commodities 
• Pro-arbitration Delhi High Court enforces SIAC award - Glencore International AG v Indian Potash Limited & Anr case
  03/09/2019
  Read more about Pro-arbitration Delhi High Court enforces SIAC award - Glencore International AG v Indian Potash Limited & Anr case
  The Delhi High Court's recognition of yet another foreign award  passed under the Singapore International Arbitration Centre (SIAC) Rules 2010, despite several objections by the award-debtor, reinforces India's increasingly pro-arbitration approach and signals the country's growing potential to attract foreign investors. Sector/service Joins: Dispute Resolution  Asia Pacific 
• Bangladeshi cabinet's approval of legislation to bring about ratification of MC99: A positive step but one with potential pitfalls
  03/09/2019
  Read more about Bangladeshi cabinet's approval of legislation to bring about ratification of MC99: A positive step but one with potential pitfalls
  On 26 August 2019, the Bangladeshi Cabinet of Ministers approved, in principle, legislation that would ratify the Montreal Convention 1999 (MC99) and bring Bangladesh into the fold with the other 136 states that have ratified MC99. Sector/service Joins: Aerospace 
• The New Hague Judgments Convention
  28/08/2019
  Read more about The New Hague Judgments Convention
  Dispute Resolution analysis: Sara Sheffield, Partner and Derek Bayley, Associate, both at HFW Dubai, discuss the background to and the details of the new 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the Hague Judgments Convention) – a new international convention aimed at making it easier to enforce court judgments across jurisdictions. Sector/service Joins: Dispute Resolution 
• The rise of cybercrime in Asia Pacific and Considerations for organisations operating in the region
  16/08/2019
  Read more about The rise of cybercrime in Asia Pacific and Considerations for organisations operating in the region
  This article was originally written for Asset Recovery Magazine Sector/service Joins: Cyber Security 
• Legislative reforms to the Indian Law on Arbitration
  15/08/2019
  Read more about Legislative reforms to the Indian Law on Arbitration
  Significant developments in the Indian law on arbitration have taken place during the last few weeks. This is the first time since 2015 that India has undertaken sweeping reforms of its arbitration regime. We outline the key changes and their impacts. Sector/service Joins: Energy 
• SIFoCC’s 2019 Multilateral Enforcement Memorandum-a practical guide to the international enforcement of foreign money judgments
  05/08/2019
  Read more about SIFoCC’s 2019 Multilateral Enforcement Memorandum-a practical guide to the international enforcement of foreign money judgments
  Dispute Resolution analysis: In June 2019, the Standing International Forum of Commercial Courts (SIFoCC) published a Multilateral Memorandum on Enforcement of Commercial Judgments for Money (the memorandum), a landmark multilateral memorandum providing legal guidance on the enforcement of money judgments issued by commercial courts of its membership countries. Derek Bayley and Sara Sheffield, associate and partner in the commercial disputes team at HFW Dubai, outline the aims, scope and limitations of the memorandum. Sector/service Joins: Dispute Resolution 
• Autonomous ships: MASS – The “Pearl” of an Opportunity
  25/07/2019
  Read more about Autonomous ships: MASS – The “Pearl” of an Opportunity
  Since our last article on Maritime Autonomous Surface Ships (MASS) in December 2018¹, as expected there have been continued developments in technology and demonstrations. In this briefing, we write with an update on the work we have been doing at HFW; the latest news from the International Maritime Organization (IMO) on its Regulatory Scoping Exercise (RSE); and recent developments worldwide. Sector/service Joins: Shipping  SUSTAINABILITY HUB  Sustainability in transport 
• Insurance Authority Dispute Resolution Committees – Update
  24/07/2019
  Read more about Insurance Authority Dispute Resolution Committees – Update
  On 15 July 2019, the Insurance Authority ("IA") published Board Resolution No. 33 of 2019 Concerning the Regulation of Committees for the Settlement and Resolution of Insurance Disputes ("Regulations"). Sector/service Joins: Insurance & Reinsurance  Dispute Resolution 
• How are contract and trust law principles applied in cryptocurrency disputes?
  19/07/2019
  Read more about How are contract and trust law principles applied in cryptocurrency disputes?
  We are beginning to see disputes arising from the use of virtual currencies in trade. How such issues will be tackled is subject to much speculation and debate. Sector/service Joins: Dispute Resolution 
• Air and Liquid Systems Corp. V. Devries
  16/07/2019
  Read more about Air and Liquid Systems Corp. V. Devries
  In Air and Liquid Systems Corp. v. DeVries, the U.S. Supreme Court held that, in the maritime law context, a manufacturer of an asbestos-free product can be liable for injuries caused by parts with asbestos created by third parties that were later incorporated into the manufacturer’s product. Sector/service Joins: Shipping 
• Brexit Update - 'No-Deal' Checklist
  16/07/2019
  Read more about Brexit Update - 'No-Deal' Checklist
  With both candidates to be the next Prime Minister of the United Kingdom refusing to rule out a ‘no-deal’ Brexit, and the current ‘no-deal’ deadline of 31st October 2019 looming, it is important for UK companies and companies which do business with the UK to ensure that they are ‘Brexit-proof’. In this briefing, we provide a checklist of key items for businesses to consider when planning for a no-deal Brexit. Sector/service Joins: EU, Competition and Trade Regulatory 
• IMO 2020- Scrubbers – A good investment?
  12/07/2019
  Read more about IMO 2020- Scrubbers – A good investment?
  In our latest IMO2020 briefing, we look at some of the potential benefits industry stakeholders may stand to gain from investing in vessel scrubbers, otherwise known as Exhaust Gas Cleaning Systems (EGCS). Sector/service Joins: Shipping 
• Have you considered excluding third party rights in all key project contracts, big or small?
  11/07/2019
  Read more about Have you considered excluding third party rights in all key project contracts, big or small?
  An exploration of the Court of Appeal's broad interpretation in Chudley & Ors v Clydesdale Bank plc Sector/service Joins: Energy 
• ICO makes its mark with first large GDPR fine
  08/07/2019
  Read more about ICO makes its mark with first large GDPR fine
  The UK Information Commissioner's Office (ICO) made history yesterday by announcing its intention to fine British Airways a painful £183.39 million for a data breach that occurred last year. Sector/service Joins: EU, Competition and Trade Regulatory 
• California Law Need Not Apply: The U.S. Supreme Court Unanimously Rejects the 9th Circuit and Holds that Outer Continental Shelf Lands Act Only Applies State Law when Federal Law is Silent
  05/07/2019
  Read more about California Law Need Not Apply: The U.S. Supreme Court Unanimously Rejects the 9th Circuit and Holds that Outer Continental Shelf Lands Act Only Applies State Law when Federal Law is Silent
  The Supreme Court in Parker Drilling Management Services, Ltd. v. Brian Newton overturned the Ninth Circuit’s ruling, electing to follow the Fifth Circuit precedent, in a case relevant to companies operating on the Outer Continental Shelf (“OCS”) and subject to the Outer Continental Shelf Lands Act (“OCSLA”). Sector/service Joins:
• The Strait of Hormuz: How can you manage the risks
  03/07/2019
  Read more about The Strait of Hormuz: How can you manage the risks
  On 20 June 2019 the US narrowly pulled back from retaliatory military strikes on Iranian targets. This was a move planned in response to Iran’s targeting of a US drone allegedly operating in Iranian airspace. These events follow a series of attacks on vessels in the Gulf of Oman area, most recently on the “Front Altair” and the “Kokuka Courageous”. Sector/service Joins: Shipping 
• The Supreme Court of the United States decides Dutra Group v. Batterton
  27/06/2019
  Read more about The Supreme Court of the United States decides Dutra Group v. Batterton
  The Supreme Court of the United States decides Dutra Group v. Batterton settling the split between the Fifth and the Ninth Circuits, reconciling Miles v. Apex and Atlantic Sounding Co. v. Townsend and holding that punitive damages are NOT available in seamen’s unseaworthiness actions. Sector/service Joins: Shipping 
• The time for hiding behind the ISM may be over: Libra case acts as a reminder to owners and insurers of the importance of passage planning
  25/06/2019
  Read more about The time for hiding behind the ISM may be over: Libra case acts as a reminder to owners and insurers of the importance of passage planning
  For many years, owners have often relied upon simply having a Safety Management System (SMS) in place to demonstrate their due diligence in ship management and providing a seaworthy vessel. Sector/service Joins: Shipping 
• Industry Briefing: the 2019 Mediterranean yachting season is underway
  19/06/2019
  Read more about Industry Briefing: the 2019 Mediterranean yachting season is underway
  With the Mediterranean yachting season beginning, the HFW yacht team analyse some of the latest developments to affect the yachting industry. Sector/service Joins: Shipping 
• ISDA Smart Derivatives - The Future?
  10/06/2019
  Read more about ISDA Smart Derivatives - The Future?
  For many of our clients, the trading of derivatives is a key element of their trading functions and risk-management processes. In light of increased regulatory requirements and an industry-wide focus on the potential benefits of automation, the International Swaps and Derivatives Association (ISDA) is now developing smart derivatives contracts. While significant progress has been made there are still considerable hurdles to be overcome before we will see smart derivatives contracts in practice. Sector/service Joins: Commodities 
• Commodities: Common Issues in Oil Trading Contracts – Time for Delivery and Laycan
  05/06/2019
  Read more about Commodities: Common Issues in Oil Trading Contracts – Time for Delivery and Laycan
  In the second briefing in our series, we look at three issues in relation to time for delivery and laycan, provide some case examples and give three key takeaways. Sector/service Joins: Commodities 
• Is negative interest payable under the Credit Support Annex to an ISDA Master Agreement?
  22/05/2019
  Read more about Is negative interest payable under the Credit Support Annex to an ISDA Master Agreement?
  In the State of the Netherlands v Deutsche Bank AG¹, the Court of Appeal has confirmed that on its true construction, the Credit Support Annex (CSA) to an ISDA Master Agreement does not provide for the payment of negative interest. Sector/service Joins: Commodities  Dispute Resolution 
• Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?
  09/05/2019
  Read more about Are we seeing the end of the ‘Arkin Cap’ limiting a funder’s liability for adverse costs?
  In a judgment¹ that will be welcomed by many, the English Chancery Court has departed from what has, since 2005, been the established, but often criticised principle that commercial litigation funders should have their adverse costs exposure limited to the amount of their financial contribution, known as the “Arkin Cap”². Sector/service Joins: Dispute Resolution 
• Navigating a Shareholders Agreement: Drag Along and Tag Along Rights
  26/04/2019
  Read more about Navigating a Shareholders Agreement: Drag Along and Tag Along Rights
  In the third of our HFW Insights: Navigating a shareholders agreement series, in which we distil common corporate and transactional issues into bite-sized insight, we explore drag along and tag along rights as contractual mechanisms of investment realisation. Sector/service Joins: Corporate 
• Can liquidated damages be recovered after termination?
  17/04/2019
  Read more about Can liquidated damages be recovered after termination?
  On 5 March 2019, the English Court of Appeal in Triple Point Technology Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230 held that an employer could not rely on a clause imposing liquidated damages (LDs) for delay in circumstances when the contract was terminated. Sector/service Joins: Construction  Asia Pacific  Hong Kong  London  Singapore 
• Privacy concerns to be considered when collecting biometric data
  04/04/2019
  Read more about Privacy concerns to be considered when collecting biometric data
  The Fair Work Commission Full Bench has allowed an employee to appeal his dismissal for repeatedly refusing to use his employer’s biometric fingerprint scanner, which monitored site attendance and tracked shifts. Sector/service Joins: Employment 
• Default interest rates in commodities contracts – and the end of LIBOR
  20/03/2019
  Read more about Default interest rates in commodities contracts – and the end of LIBOR
  Commodities contracts frequently contain default or late payment clauses, using a “LIBOR plus” measure for the rate of interest. Whilst default interest is commercially justifiable – defaulters represent a greater credit risk – when might this justification run thin and leave default interest provisions open to criticism as penalties? Furthermore, what rates might be used in commodities contracts when LIBOR disappears at the end of 2021? Sector/service Joins: Commodities 
• Security of payment legislation in Australia
  20/03/2019
  Read more about Security of payment legislation in Australia
  Should Victoria adopt amendments introduced to the Security of Payment legislation in Queensland and NSW, which allow claimants to issue payment claims after termination of the contract? Sector/service Joins: Construction 
• Brexit - impact of a 'no deal' on english disputes with EU counter parties
  19/03/2019
  Read more about Brexit - impact of a 'no deal' on english disputes with EU counter parties
  In preparation for what many now see as being the most likely outcome, the UK Government (Government) has published its guidance on how disputes will be dealt with in the event of the UK exiting the EU without it first having agreed a framework with the EU for ongoing civil judicial cooperation. Sector/service Joins: Dispute Resolution 
• A rare force majeure success, but still a narrow one
  14/03/2019
  Read more about A rare force majeure success, but still a narrow one
  Sucden Middle-East v Yagci Denizcilik Ve Ticaret Limited Sirketi, “The Mv Muammer Yagci”¹ Sector/service Joins: Commodities  Dispute Resolution 
• Navigating a shareholders agreement: The key to surviving a deadlock
  28/02/2019
  Read more about Navigating a shareholders agreement: The key to surviving a deadlock
  In the second of our HFW Insights: Navigating a shareholders agreement series, in which we distil common corporate and transactional issues into bite-sized insight, we examine the options available to overcome deadlocks – a stressful period that is disruptive to the business and, invariably, detrimental to shareholder value. Sector/service Joins: Corporate 
• And the award goes to… Collaboration!
  22/02/2019
  Read more about And the award goes to… Collaboration!
  With Kevin Hart stepping down, an assortment of Hollywood A-listers worked together to host this year’s Oscars®. In the world of international trade and commerce, despite confrontation dominating the headlines, 2018-19 has in fact been a time of great collaboration, with prominent companies in many industries working together to tackle common challenges and exploit common opportunities. This briefing identifies some emerging trends, explaining why and how more and more companies are collaborating. Sector/service Joins:
• “Plainly wrong”: NSW Court of Appeal rejects Façade and reopens door to SOP Act Claims for insolvent contractors
  21/02/2019
  Read more about “Plainly wrong”: NSW Court of Appeal rejects Façade and reopens door to SOP Act Claims for insolvent contractors
  The NSW Court of Appeal has reopened the door for insolvent builders and subcontractors to make and enforce claims under the Building and Construction Industry Security of Payment Act 1999 (NSW), bringing with it the prospect of a spate of fresh security of payment disputes along the eastern seaboard of Australia. Sector/service Joins: Construction 
• Amendments to the International Arbitration Act 1974
  18/02/2019
  Read more about Amendments to the International Arbitration Act 1974
  On 26 October 2018, small but important amendments to the International Arbitration Act 1974 (Cth) came into force. Nick Longley, Partner and Chris Cho, Associate examine the changes. Sector/service Joins:
• Danno al carico durante il viaggio: chi è il responsabile?
  15/02/2019
  Read more about Danno al carico durante il viaggio: chi è il responsabile?
  Richard Mabane spiega ed analizza questa sentenza della Suprema Corte inglese dello scorso dicembre che è sicuramente di interesse per vettori e proprietari del carico. Sector/service Joins: Shipping  Commodities 
• Workplace relations: Key developments in Australian workplace relations law in 2018 and areas to watch in 2019
  14/02/2019
  Read more about Workplace relations: Key developments in Australian workplace relations law in 2018 and areas to watch in 2019
  We look back on some of the key changes, spanning developments relating to vulnerable workers, family and domestic violence leave, enterprise agreement approval, protections for whistleblowers, casual employment, flexible working arrangements requests and proposed reforms ahead of the next federal election. Sector/service Joins: Employment 
• Watson Oldco – A timely reminder of the consequences of building professionals' uninsured exposure to cladding claims
  08/02/2019
  Read more about Watson Oldco – A timely reminder of the consequences of building professionals' uninsured exposure to cladding claims
  In December 2018, NSW building certifier Watson Oldco entered into voluntary administration. The AFR reports that administrators have attributed the move largely to the result of uninsured exposure to potential claims arising from buildings with combustible cladding. Although there were no known claims against Watson Oldco, it was reported that there was uninsured exposure which led to the decision to place the company into voluntary administration. Sector/service Joins: Construction  Insurance & Reinsurance 
• Commodities: Common issues in oil trading contracts – Potential pitfalls in contract formation
  07/02/2019
  Read more about Commodities: Common issues in oil trading contracts – Potential pitfalls in contract formation
  This is the first in our new series, Commodities: Common issues in oil trading contracts, in which we tackle some of the issues which regularly crop up for oil trading clients. Commodity contracts are often made during quick email exchanges between traders, sometimes resulting in unintended consequences. This article will highlight some potential pitfalls using the example of a case in which HFW acted for the successful claimant. Sector/service Joins: Commodities  Geneva 
• Nitrogen emissions limits in the Baltic Sea – A sign of things to come?
  07/02/2019
  Read more about Nitrogen emissions limits in the Baltic Sea – A sign of things to come?
  In a further article in their series on regulatory and commercial issues affecting the maritime industry in the Baltic Sea¹, Alex Kemp, Gudmund Bernitz and Joseph Malpas discuss upcoming Nitrogen Oxide (NOx) emissions limits under MARPOL Annex VI. Sector/service Joins: Shipping  London 
• The Commercial Agents (Council Directive) Regulations 1993
  31/01/2019
  Read more about The Commercial Agents (Council Directive) Regulations 1993
  What is a "commodity exchange" and a "commodity market"? Sector/service Joins:
• A well intentioned debate
  28/01/2019
  Read more about A well intentioned debate
  Former Supreme Court Justices Lord Hoffman and Lord Sumption have been debating the extent to which judges should look behind parties' choice of words to determine their intended meaning. We consider the background to this debate and its likely impact on the newly formed Supreme Court. Sector/service Joins: Dispute Resolution 
• Defying Convention
  24/01/2019
  Read more about Defying Convention
  Giles Kavanagh and Ashleigh Ovland examine whether we have reached the high water mark in relation to the protections offered to airlines by the Montreal Convention, and consider what this means for airlines when choosing which claims to contest. Sector/service Joins: Aerospace 
• Autonomous Underwater Vehicles: Beneath the Waves January 2019
  24/01/2019
  Read more about Autonomous Underwater Vehicles: Beneath the Waves January 2019
  When it comes to autonomous marine vehicles, the focus in the press over the last two years or so has been on Maritime Autonomous Surface Ships (MASS). This is likely owing to the proliferation of MASS and the widespread reporting of the regulatory scoping exercise that is being carried out by the International Maritime Organization (IMO) on how MASS will be regulated. Sector/service Joins:
• Medical Care for seamen: Courts continue to scrutinize the shipowner’s duties
  11/01/2019
  Read more about Medical Care for seamen: Courts continue to scrutinize the shipowner’s duties
  Courts continue to scrutinize the shipowner's duty to provide prompt and reasonable medical care to ill or injured seamen, as well as the proper rate of maintenance to be paid while recuperating. Sector/service Joins: Shipping  USA & Canada 
• Navigating a shareholders agreement: ROFR or ROFO?
  11/01/2019
  Read more about Navigating a shareholders agreement: ROFR or ROFO?
  In the first of our new series, HFW Insights: Navigating a shareholders agreement, in which we distil common corporate and transactional issues into bite-sized insight, we answer a commonly asked question: What is the difference between a right of first refusal (ROFR) and a right of first offer (ROFO)? Sector/service Joins: Corporate  Singapore  Middle East 
• In Review: Innovations in the Abu Dhabi and ADGM Courts in 2H 2018
  07/01/2019
  Read more about In Review: Innovations in the Abu Dhabi and ADGM Courts in 2H 2018
  As we welcome 2019, HFW considers several key developments within the court system of the UAE’s capital, Abu Dhabi in 2H 2018, with several announcements in court innovation being unveiled in both the local courts and ADGM Courts. Sector/service Joins:
• Article 257 of the UAE Penal Code Repealed: A Welcome Change in the UAE’s Arbitration Landscape
  20/12/2018
  Read more about Article 257 of the UAE Penal Code Repealed: A Welcome Change in the UAE’s Arbitration Landscape
  In April 2017, we wrote about the unintended consequences of an amendment to Article 257 of the UAE’s Penal Code (Law No. 3 of 1987) that caused serious concern amongst arbitration professionals working in the UAE. Sector/service Joins: Construction  Middle East 
• HFW Middle East Enforcement Series: Observations on the First Two Years of the Joint Judicial Committee
  20/12/2018
  Read more about HFW Middle East Enforcement Series: Observations on the First Two Years of the Joint Judicial Committee
  For many UAE legal practitioners, the overnight creation of the Joint Judicial Committee (“JJC") in June 2016 was anticipated to be a major impediment to litigants seeking onshore recognition and enforcement of foreign judgments in Dubai via the then still relatively new conduit jurisdiction offered by the DIFC Courts. Sector/service Joins: Dispute Resolution  Dubai  Abu Dhabi  Middle East 
• Supreme Court of the United States Grants Certiorari to Finally Resolve Split in the Circuits over the Availability of Punitive Damages in Seamen’s Personal Injury Suits
  20/12/2018
  Read more about Supreme Court of the United States Grants Certiorari to Finally Resolve Split in the Circuits over the Availability of Punitive Damages in Seamen’s Personal Injury Suits
  In the aftermath of the Supreme Court’s landmark decision in Miles v. Apex Marine Corp.,¹ federal and state courts have grappled with whether a seaman has the right to recover punitive damages under a claim of unseaworthiness. On December 7, 2018, the Supreme Court of the United States granted the petition for a writ of certiorari filed by The Dutra Group in The Dutra Group v. Batterton, which should resolve the issue. Sector/service Joins: Shipping  USA & Canada 
• Autonomous Ships: Shipping 4.0
  19/12/2018
  Read more about Autonomous Ships: Shipping 4.0
  The digital shipping revolution is well underway. Significant developments have taken place with Maritime Autonomous Surface Ships (MASS) over the last few months, and the global autonomous shipping industry is predicted to grow into a $136 billion industry by 2030. In this latest briefing, we provide an update on the work we have been doing at HFW; the latest news from the International Maritime Organization (IMO) on its regulatory scoping exercise; and recent developments worldwide. Sector/service Joins: Shipping 
• Decennial Liability Insurance
  19/12/2018
  Read more about Decennial Liability Insurance
  As has been reported recently, the Insurance Authority (IA) in the UAE is considering introducing mandatory requirements for decennial liability insurance cover. Sector/service Joins: Insurance & Reinsurance  Dubai  Middle East 
• Third Party Funding for Arbitration in Hong Kong – 1 February 2019 in force
  14/12/2018
  Read more about Third Party Funding for Arbitration in Hong Kong – 1 February 2019 in force
  Third Party Funding for Arbitration in 2019 looks set to be the year of third party funding for arbitration in Hong Kong. Sector/service Joins: Commodities  Hong Kong 
• European Commission Consults on the Future of the Block Exemption Regulation for Liner Shipping Consortia
  13/12/2018
  Read more about European Commission Consults on the Future of the Block Exemption Regulation for Liner Shipping Consortia
  The Block Exemption Regulation for Liner Shipping Consortia (Regulation)¹ exempts certain co-operation agreements in the liner shipping sector from the prohibition on anti-competitive agreements contained at Article 101 of the Treaty on the Functioning of the European Union (TFEU), provided that certain conditions set out in the Regulation are applicable. The Regulation is set to expire on 25 April 2020. Sector/service Joins: London  Brussels  Shipping 
• Adjusting accordingly how bunker adjustment factor clauses may mitigate the impacts of IMO 2020
  13/12/2018
  Read more about Adjusting accordingly how bunker adjustment factor clauses may mitigate the impacts of IMO 2020
  Following the IMO’s decision to implement amendments to MARPOL ANNEX VI (“IMO 2020”), the cost of compliant fuels is likely to rise. How will the cost and risk of price volatility be borne in the global logistics chain? We explore a legal device commonly found in voyage charters and contracts of affreightment attempting to address price volatility: BAF clauses. Sector/service Joins: Singapore 
• Cargo damage during a voyage: Who is responsible?
  07/12/2018
  Read more about Cargo damage during a voyage: Who is responsible?
  Volcafe Ltd and others v Compania Sud Americana De Vapores SA [2018] UKSC 61¹. Sector/service Joins: Commodities  London 
• The Geo-blocking Regulation: Is your business compliant?
  04/12/2018
  Read more about The Geo-blocking Regulation: Is your business compliant?
  From 3 December 2018, businesses operating in the EEA need to comply with the new Geo-Blocking Regulation¹. In general, the Regulation prohibits businesses from unfairly discriminating against consumers or other businesses on the grounds of nationality, place of residence or place of establishment. In particular, the Regulation seeks to prevent the denial or limitation of access to goods and services sold online on these grounds. Sector/service Joins: EU, Competition and Trade Regulatory 
• The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2018
  03/12/2018
  Read more about The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2018
  As a result of the United Kingdom’s decision to leave the European Union, important changes are required to the existing company law framework. In this briefing we examine the proposed changes to the UK’s existing company law framework to make it fit for purpose following the UK’s exit from the European Union. Sector/service Joins: Corporate 
• Risk and reward in using Distributed Ledger Technology: Legal issues for commodity companies
  21/11/2018
  Read more about Risk and reward in using Distributed Ledger Technology: Legal issues for commodity companies
  The commercial possibilities of Distributed Ledger Technology (DLT) are constantly evolving as participants in all industries consider how its use can address their business needs. In a commodities context, DLT has huge potential. Sector/service Joins: Commodities 
• Co-leasing practices in the PRC
  19/11/2018
  Read more about Co-leasing practices in the PRC
  The practice of "co-leasing" has been a feature of some cross-border aircraft operating leases to PRC airlines for a number of years. Sector/service Joins: Aerospace  Asia Pacific 
• LNG as a marine fuel: New technology, standards and challenges for Singapore’s maritime industry
  13/11/2018
  Read more about LNG as a marine fuel: New technology, standards and challenges for Singapore’s maritime industry
  With the IMO 2020 sulphur cap approaching, and the industry requirement to reduce emissions, the use of LNG as a marine fuel is slowly gaining traction. Sector/service Joins: Energy  Asia Pacific  Singapore 
• Payer can adjudicate true value in response to a smash and grab adjudication
  07/11/2018
  Read more about Payer can adjudicate true value in response to a smash and grab adjudication
  The Court of Appeal's highly anticipated decision in the case of S&T (UK) Ltd v Grove Developments Ltd¹ was handed down by Sir Rupert Jackson today. Sector/service Joins: Construction  Dispute Resolution 
• Singapore and China's Memorandum of Guidance: Greater clarity over reciprocal enforcement of Court Judgments
  02/11/2018
  Read more about Singapore and China's Memorandum of Guidance: Greater clarity over reciprocal enforcement of Court Judgments
  The Supreme Court of Singapore and the Supreme People’s Court of the People’s Republic of China signed a Memorandum of Guidance (MOG) in September 2018. Sector/service Joins: Dispute Resolution  Asia Pacific  Shipping 
• Brexit and personal data – how to keep business flowing
  01/11/2018
  Read more about Brexit and personal data – how to keep business flowing
  Unless a deal is struck it is likely that after Brexit extra measures (such as ‘Standard Contractual Clauses’) will need to be put in place to legitimise transfers of personal data from organisations and individuals in the European Economic Area (EEA) to organisations in the United Kingdom (UK). Sector/service Joins: EU, Competition and Trade Regulatory  Data Protection 
• What is a Reasonable Salvage Settlement? The Importance of Australian Law Advice
  01/11/2018
  Read more about What is a Reasonable Salvage Settlement? The Importance of Australian Law Advice
  It is not often that an Australian court considers as many maritime law issues as examined in the recent Federal Court judgment, Mount Isa Mines Ltd v The Ship “THOR COMMANDER” [2018] FCA 1326. The judgment is particularly noteworthy because it is the second of only two Australian authorities which consider common law salvage¹. In this article we examine the Federal Court’s approach to proving reasonableness of the salvage settlement. Sector/service Joins: Shipping  Australia  Asia Pacific  Dispute Resolution 
• Aerospace: Brexit Update
  01/11/2018
  Read more about Aerospace: Brexit Update
  In previous briefings¹ we have highlighted the central issues for the aviation and aerospace industries which will need resolution in the run up to the UK's departure from the EU. Sector/service Joins: Aerospace  EU, Competition and Trade Regulatory 
• The HKIAC in action to issue updated Administered Rules 2018
  31/10/2018
  Read more about The HKIAC in action to issue updated Administered Rules 2018
  With flawless timing to catch HK Arbitration Week 2018, the updated Administered Arbitration Rules (2018 Rules) will enter into force on 1 November 2018. The 2018 Rules continue the HKIAC's 'light touch' policy, now with amendments to reflect developments in arbitration practice in Hong Kong and globally. Sector/service Joins: Dispute Resolution 
• Dalamd Limited v Butterworth Spengler Commercial Limited: Causation and Some Limited Relief for Brokers
  25/10/2018
  Read more about Dalamd Limited v Butterworth Spengler Commercial Limited: Causation and Some Limited Relief for Brokers
  In Dalamd Limited v Butterworth Spengler Commercial Limited¹, the Commercial Court looked at, among other things, causation issues arising in negligence claims against insurance brokers. Whilst the court found that the defendant had breached its duty to the claimant in several ways, there were serious questions as to whether those breaches had resulted in any loss to the claimant. Sector/service Joins: Insurance & Reinsurance  Dispute Resolution 
• Vietnam ratifies the Montréal Convention 1999
  24/10/2018
  Read more about Vietnam ratifies the Montréal Convention 1999
  Ratification of the Convention for the Unification of Certain Rules for International Carriage by Air, Montréal, 28 May 1999 (MC99) should lead to greater consistency and clarity in the claims handling process (particularly in relation to calculating compensation which, under MC99, uses the SDR as opposed to the Poincaré Franc) and will support the industries' e-freight initiatives. It also marks another significant milestone in the success story of Vietnamese aviation. Sector/service Joins: Aerospace  Asia Pacific 
• Iran sanctions: The English Court steers a course
  16/10/2018
  Read more about Iran sanctions: The English Court steers a course
  In our previous briefing¹, we looked at the challenges of complying with EU and US sanctions from 5 November 2018, when further US sanctions are re-imposed, and the need to steer a course between the divergent courses which are being taken by the EU and the US. Sector/service Joins: Middle East  Dubai  USA & Canada  London 
• Directors beware – continuing representations mean continuing responsibility: Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya [2018]
  11/10/2018
  Read more about Directors beware – continuing representations mean continuing responsibility: Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya [2018]
  A recent decision of the Court of Appeal provides useful guidance for directors in the context of representations made to third parties. Inter Export LLC v Jonathan Townley and Yaroslavna Lasytsya emphasises directors' continuing responsibilities when making such representations. Sector/service Joins: Dispute Resolution 
• Brexit – Impact of a 'no deal' scenario on EU cross-border insolvencies
  04/10/2018
  Read more about Brexit – Impact of a 'no deal' scenario on EU cross-border insolvencies
  On 13 September 2018, the UK Government published a guidance notice (Guidance) on handling civil disputes, including cross-border insolvencies, in the event that the UK exits the EU without having first agreed a framework for ongoing civil judicial cooperation, and from which time and date (11 pm on 29 March 2019) the UK will not benefit from the EU rules to replace the current arrangements. Sector/service Joins: Fraud and Insolvency  EU, Competition and Trade Regulatory  Commodities  RESTRUCTURING HUB 
• Indonesia's OJK issues new rule on public company takeover
  03/10/2018
  Read more about Indonesia's OJK issues new rule on public company takeover
  On 25 July 2018, the Indonesian Financial Services Authority (OJK) issued OJK Rule No. 9/POJK.04/2018 on Public Company Takeovers (OJK Rule 9/2018), which revokes the Head of Capital Market Supervisory Board and Financial Institution (Bapepam-LK) Rule No. IX.H.1 on this subject (Rule IX.H.1). Sector/service Joins: Corporate  Singapore  Jakarta  Asia Pacific 
• Added security comes at a price: The impact of Singapore's Cybersecurity Act
  03/10/2018
  Read more about Added security comes at a price: The impact of Singapore's Cybersecurity Act
  A series of cyber attacks was mounted on several government websites in Singapore in 2013, in which the websites of the Prime Minister, government schools and the People's Action Party's Community Foundation were defaced. Sector/service Joins: Energy  Singapore  Asia Pacific 
• IMO 2020: Legal considerations for unprecedented changes
  28/09/2018
  Read more about IMO 2020: Legal considerations for unprecedented changes
  The recent spate of vessel bunker contamination cases in the US Gulf and Singapore has brought into sharp focus the unprecedented standards to be affected by MARPOL Annex VI (commonly referred to as "IMO 2020"): the implementation of a global cap of 0.5% sulphur content in marine fuel from 2020. This limit will apply outside designated emission control areas. Sector/service Joins: Shipping  Singapore 
• How can victims of cyber fraud fight back?
  28/09/2018
  Read more about How can victims of cyber fraud fight back?
  Judgment given in ground-breaking litigation involving the first worldwide freezing order against 'persons unknown' Sector/service Joins: Fraud and Insolvency 
• Taking cover – mandatory decennial liability insurance in the UAE
  26/09/2018
  Read more about Taking cover – mandatory decennial liability insurance in the UAE
  According to recent news reports, the United Arab Emirates (UAE) Insurance Authority (the IA) is planning to introduce legislation to require contractors, engineers and architects to obtain compulsory decennial liability insurance. Sector/service Joins: Construction  Insurance & Reinsurance 
• 2018 Yachts Market Briefing
  25/09/2018
  Read more about 2018 Yachts Market Briefing
  With the 2018 Mediterranean yacht season fast closing and attention turning to the yacht shows and winter cruising grounds, we publish our latest market briefing covering a range of topical subjects from the transport of yachts, developments in Panama and US flagging, the threat of super storms, clarification of French social security law, our regular casualty focus and the implications of recent high profile casualties for the insurance market. Sector/service Joins: Shipping 
• Good Faith in the UAE: an Insurance Focus
  19/09/2018
  Read more about Good Faith in the UAE: an Insurance Focus
  Insurance professionals will be familiar with the concept of good faith. There are, however, differences between common law and civil law systems as to the nature of the duty and the time of application. This article highlights the key points to bear in mind in relation to good faith in the UAE and how this can impact on claims. Sector/service Joins: Insurance & Reinsurance  Middle East 
• All Change – Are you compliant with the EU General Data Protection Regulation? Special Update, September 2018
  18/09/2018
  Read more about All Change – Are you compliant with the EU General Data Protection Regulation? Special Update, September 2018
  Organisations (including many outside the EEA) have now had more than three months to get used to the EU General Data Protection Regulation (GDPR), which overhauled a data protection regime dating from 1995. Sector/service Joins: EU, Competition and Trade Regulatory  Data Protection 
• The Montréal Convention 1999 in Nepal: Greater certainty regarding passenger claims or added confusion?
  17/09/2018
  Read more about The Montréal Convention 1999 in Nepal: Greater certainty regarding passenger claims or added confusion?
  On 23 August 2018, the Federal Parliament of Nepal passed a proposal to accede to the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (MC99). Sector/service Joins: Aerospace  Asia Pacific 
• A New Frontier for AML Regulation: The Fifth Anti-Money Laundering Directive and Cryptocurrencies
  17/09/2018
  Read more about A New Frontier for AML Regulation: The Fifth Anti-Money Laundering Directive and Cryptocurrencies
  Cryptocurrencies have been in existence for almost a decade, proliferating in number since the initial launch of BitCoin to approximately 2,000. Whereas the main distinction for the average consumer between fiat currencies is likely to be their value, or exchange rate, the host of cryptocurrencies are not only stores of value and units of exchange but also pieces of technology that potentially offer their users very different experiences. Sector/service Joins: Commodities  Financial Services Regulation  Fraud and Insolvency  Digital Trade 
• Murky waters: Six key maritime issues to understand before doing business in Indonesia
  14/09/2018
  Read more about Murky waters: Six key maritime issues to understand before doing business in Indonesia
  Indonesia is one of the fastest-growing shipping zones, exporting 32% of the world's coal cargoes¹. Sector/service Joins: Shipping  Jakarta  Asia Pacific 
• Corporate governance update September 2018
  12/09/2018
  Read more about Corporate governance update September 2018
  In early 2017 we reported that following various scandals affecting business in the UK, the Government had made it clear that it intended to crack down on unacceptable boardroom behaviour. Sector/service Joins: Energy  London 
• In-House Counsel and Legal Privilege in the Dubai International Financial Centre
  10/09/2018
  Read more about In-House Counsel and Legal Privilege in the Dubai International Financial Centre
  Issues surrounding the breadth of legal professional privilege under English law are once again in the spotlight following last week's decision of the Court of Appeal in ENRC v SFO. HFW's briefing on that decision can be found here. But developments in the English law of privilege have broader repercussions outside of the UK. In this briefing, HFW Dubai explores how English legal professional privilege may apply in the Courts of the Dubai International Financial Centre. We also provide practical considerations for members of in-house counsel teams of UAE corporations based outside of the DIFC who may be used to litigating in the local UAE courts, where concepts of disclosure and privilege are significantly less familiar. Sector/service Joins: Corporate  Dispute Resolution  Dubai  Abu Dhabi  Middle East 
• ENRC v SFO Court of Appeal Judgment
  05/09/2018
  Read more about ENRC v SFO Court of Appeal Judgment
  In a decision handed down today and which will be welcomed by the legal community and clients alike, the English Court of Appeal has allowed Eurasian Natural Resources Corporation's (ENRC) appeal against a highly controversial earlier Commercial Court decision that had threatened to significantly narrow the scope of legal professional privilege (LPP). Sector/service Joins: Dispute Resolution 
• Sanctions contre l'Iran : la riposte européenne
  31/08/2018
  Read more about Sanctions contre l'Iran : la riposte européenne
  L'annonce par le Président Trump, le 8 mai 2018, du retrait des Etats-Unis du JCPOA¹ a placé les Etats-Unis et l'Union européenne sur des chemins divergents à l'égard de l'Iran. Au moment où les Etats-Unis annonçaient que les sanctions qui avaient été suspendues en janvier 2016 seraient remises en place, l'Union européenne déclarait qu'elle entendait s'en tenir aux termes de l'accord sur l'Iran, y compris la levée des sanctions. Sector/service Joins: International Trade Regulation 
• Iran Sanctions: Steering a course through difficult waters
  30/08/2018
  Read more about Iran Sanctions: Steering a course through difficult waters
  President Trump's announcement on 8 May 2018 that the US would withdraw from the Joint Comprehensive Plan of Action (JCPOA)¹ set the EU and US on divergent paths with respect to Iran. At the same time as the US indicated that the US sanctions which had been suspended in January 2016 would be re-imposed, the EU made clear that it intended to uphold the terms of the Iran deal, including the sanctions relief. Sector/service Joins: International Trade Regulation 
• SGX announces amendments for mineral, oil and gas listing rules
  24/08/2018
  Read more about SGX announces amendments for mineral, oil and gas listing rules
  In response to a consultation paper published on 31 January 2018 (Consultation Paper), the Singapore Exchange Limited (SGX) has amended its listing requirements for the mineral, oil and gas (MOG) sector. These rules are due to take effect on 23 August 2018. Sector/service Joins: Energy  Singapore  Asia Pacific 
• Clarification on Admitted Reinsurer Tax Status in Brazil
  17/08/2018
  Read more about Clarification on Admitted Reinsurer Tax Status in Brazil
  A recent decision issued by the Brazilian Tax Authority (RFB) has brought some clarity to the tax regime which is applicable to admitted reinsurers operating in Brazil. The decision distinguishes, for the taxation purposes, between those admitted reinsurers who act with "ample powers" (i.e. similar to local reinsurers) and those who act in a limited manner, exercising a service or ancillary activity (i.e. similar to occasional reinsurers). Sector/service Joins: Insurance & Reinsurance  Brazil  Latin America 
• Bunker contamination in Singapore – The flow of contaminated bunkers heads east
  16/08/2018
  Read more about Bunker contamination in Singapore – The flow of contaminated bunkers heads east
  Following our recent Briefing on bunker contamination in the US Gulf new reports of contaminated bunkers in Singapore have given rise to further concerns, highlighting the potential inadequacy of the conventional testing regime and the need for industry focus on quality controls in the supply chain. It is currently unclear whether the contaminated stems reported in Singapore are linked to those in the US Gulf region. Sector/service Joins: Shipping  USA & Canada  Singapore 
• The Evolution of Insurance Related Dispute Resolution in the UAE
  16/08/2018
  Read more about The Evolution of Insurance Related Dispute Resolution in the UAE
  A recent decision of the Abu Dhabi Court of First Instance has shed new light on the interpretation of recent legislation governing insurance related disputes in the UAE. Sector/service Joins: Insurance & Reinsurance  Dubai  Middle East 
• English court clarifies responsibility for concurrent delays
  14/08/2018
  Read more about English court clarifies responsibility for concurrent delays
  On 30 July 2018, the Court of Appeal issued its decision in North Midland v Cyden [2018] EWCA Civ 1774. The court upheld the decision of the High Court permitting an employer to rely on a clause allocating responsibility for concurrent delay to the contractor. Sector/service Joins: Construction  London  Hong Kong  Singapore 
• Hong Kong Insurance and Reinsurance
  14/08/2018
  Read more about Hong Kong Insurance and Reinsurance
  In this briefing, Rosie Ng provides an update on developments in the insurance sector in Hong Kong. Sector/service Joins: Insurance & Reinsurance  Hong Kong  Asia Pacific 
• Say 'NON' to Strict Liability
  10/08/2018
  Read more about Say 'NON' to Strict Liability
  Following the dismissal of the appeal¹ against the High Court's decision in Committeri v Club Mediterranee SA² and Generali IARD SA (July 2016 briefing), we reinforce our advice to any companies providing package holidays to France to ensure that the contracts between them and the buyers of the holidays are governed by English law. They will then avoid the strict liability provisions of the Code de Tourisme for an injury sustained during the holiday. Sector/service Joins: Shipping  London  Paris  Houston 
• US offshore wind energy at dawn: The interaction between offshore wind projects and The Jones Act
  08/08/2018
  Read more about US offshore wind energy at dawn: The interaction between offshore wind projects and The Jones Act
  The United States is home to one of the largest and fastest growing wind markets in the world, according to US Department of Energy reports. A drive across west Texas, Oklahoma or the plains of Kansas will reveal large scale wind farms. Sector/service Joins: USA & Canada  Shipping 
• Changing of the Guard: The Supreme Court and judicial interpretation of the law
  08/08/2018
  Read more about Changing of the Guard: The Supreme Court and judicial interpretation of the law
  With the recent and imminent departure of many of the Supreme Courts bench of the United Kingdom, questions abound as to the future of Supreme Court justices and their role in shaping the law.  Sector/service Joins:
• The Belt and Road Initiative: Dispute Resolution along The Belt And Road
  08/08/2018
  Read more about The Belt and Road Initiative: Dispute Resolution along The Belt And Road
  The Belt and Road Initiative (BRI) is made up of a Silk Road Economic Belt and a 21st Century Maritime Road. It is estimated that US$5trillion of capital will be required for the infrastructure projects which currently form part of the BRI. The BRI involves countries making up 65% of the world’s population and 65 countries. Sector/service Joins: Dispute Resolution  Hong Kong 
• Clearlake Shipping v Privocean Shipping: Master's negligence – no recourse for charterers
  02/08/2018
  Read more about Clearlake Shipping v Privocean Shipping: Master's negligence – no recourse for charterers
  In Clearlake Shipping Pte Ltd v Privocean Shipping Ltd, the English High Court found that charterers had no recourse against owners for the master's negligent decision to require additional cargo strapping in one of the ship's cargo holds – a decision that cost the charterers in excess of US$ 400,000. Sector/service Joins: Shipping  Singapore 
• Brexit Update: Deal or No Deal?
  30/07/2018
  Read more about Brexit Update: Deal or No Deal?
  Recent developments – or lack thereof – in Brexit negotiations, have made a ‘no-deal’ Brexit a significant possibility. All companies likely to be affected by Brexit should now be putting in place contingency plans to safeguard their business in the event that no agreement is reached. Sector/service Joins: EU, Competition and Trade Regulatory 
• US/EU Covered Agreement: Can the UK benefit from Brexit?
  27/07/2018
  Read more about US/EU Covered Agreement: Can the UK benefit from Brexit?
  The Bilateral Agreement between the United States of America and the European Union on Prudential Measures Regarding Insurance and Reinsurance, or the covered agreement as it is more commonly known (Covered Agreement), was signed on 22 September 2017 and was approved by the Council of the EU on 6 April 2018. Sector/service Joins: Insurance & Reinsurance 
• Hong Kong prepares for a drone invasion
  25/07/2018
  Read more about Hong Kong prepares for a drone invasion
  In April this year, Hong Kong’s Civil Aviation Department (the CAD) launched a public consultation into proposals to further develop regulations for the use of Unmanned Aerial Systems (UAS) in and above Hong Kong. We submitted a paper setting out our own views before the consultation closed on 3 July. Given the growing popularity of this new technology in Hong Kong and worldwide, it will be interesting to see what other responses the CAD receives. Sector/service Joins: Aerospace  Hong Kong  Asia Pacific 
• HFW Middle East enforcement series – The draft Hague Judgments Convention
  19/07/2018
  Read more about HFW Middle East enforcement series – The draft Hague Judgments Convention
  A new Convention for the enforcement of foreign judgments is on the horizon. Sector/service Joins: Dispute Resolution  Middle East  Dubai  Logistics 
• Sub-sea cable damage claims – a legal perspective
  18/07/2018
  Read more about Sub-sea cable damage claims – a legal perspective
  In the International Union of Marine Insurance (IUMI) Eye Newsletter March 2018 edition, Mike McLachlan of LOC considered the technical and practical implications of sub-sea cable damage claims. In this briefing, Nicholas Kazaz of HFW, considers the legal implications of such claims. Sector/service Joins: Dispute Resolution  London  Energy  Shipping 
• A practical guide to hedging – should you hedge or already be hedged when your counterparty defaults?
  17/07/2018
  Read more about A practical guide to hedging – should you hedge or already be hedged when your counterparty defaults?
  Hedging is an issue that is central to the business of many commodity traders. It is also a topic that is the subject of increasing focus in the legal industry, both in its deployment in argument in disputes and in commentaries on the available case law. Sector/service Joins: Commodities  London 
• Claims under Section 423 of the Insolvency Act 1986 – Court of Appeal rules on service out of the jurisdiction
  17/07/2018
  Read more about Claims under Section 423 of the Insolvency Act 1986 – Court of Appeal rules on service out of the jurisdiction
  In the recent decision of Orexim Trading Limited v Mahavir Port and Terminal Private Limited¹, the Court of Appeal has ruled that the Court does have power to permit service of a claim under section 423 of the Insolvency Act 1986 outside England and Wales. However, in the circumstances of this case, the Court of Appeal declined to exercise its discretion to grant permission to serve the claim form outside the jurisdiction. HFW acted for the successful First Respondent, Mahavir Port and Terminal Private Limited (MPT). Sector/service Joins: Ports & Terminals  Dispute Resolution  Commodities  RESTRUCTURING HUB 
• Autonomous Ships: Successfully navigating through the shallows?
  16/07/2018
  Read more about Autonomous Ships: Successfully navigating through the shallows?
  In this, the latest in our series on Maritime Autonomous Surface Ship (MASS), we provide an update on news from the International Maritime Organization (IMO) on its regulatory scoping exercise; take a look at some of the insurance issues arising as the use of MASS becomes more widely recognised; and consider the recent developments worldwide, including how the technology used in MASS is being trialled to assist the situational awareness in conventional vessels. Sector/service Joins: Shipping  London  Paris 
• The extension of the Senior Managers and Certification Regime – Impact on energy and oil market participants
  13/07/2018
  Read more about The extension of the Senior Managers and Certification Regime – Impact on energy and oil market participants
  The Financial Conduct Authority (FCA) published its Policy Statement (PS18/14) and near final rules on the extension of the Senior Managers and Certification Regime (SM&CR), which is replacing the current "approved persons regime", to all FSMA‑authorised firms in July. Since March 2016, the SM&CR has applied to firms authorised by the Prudential Regulation Authority (the PRA). In July 2017, the FCA proposed that the SM&CR be rolled out to solo‑regulated firms across financial services, including FCA‑regulated energy market participants (EMPs) and oil market participants (OMPs). Sector/service Joins: Commodities  London 
• Brave New World: International Cryptocurrency Regulation
  10/07/2018
  Read more about Brave New World: International Cryptocurrency Regulation
  Cryptocurrencies and blockchain technology have hit the headlines in recent months. Governments and policymakers from key jurisdictions are drafting and publishing guidance to govern the issuance and regulation of Initial Coin Offerings (ICOs) and cryptocurrencies. These have included Switzerland, with Zug now expected to become a key hub for cryptocurrency issuance and being commonly referred to as "Crypto Valley" within the industry. Sector/service Joins: Commodities  London 
• OFAC Sanctions on Russia and Iran
  10/07/2018
  Read more about OFAC Sanctions on Russia and Iran
  Global aluminium trader United Company RUSAL PLC ("Rusal") and several other Russian tycoons, companies and allies of President Vladimir Putin¹ were the target of blocking sanctions by OFAC on 6 April 2018 ("April 2018 Sanctions"), following Treasury's reports to Congress in January 2018 in the US government's efforts to counter its adversaries through sanctions². Sector/service Joins: Commodities 
• It’s a risky business, offshore drilling, but who bears the risk under a rig contract when force majeure strikes?
  06/07/2018
  Read more about It’s a risky business, offshore drilling, but who bears the risk under a rig contract when force majeure strikes?
  Judgment in Seadrill Ghana Operations Ltd -v- Tullow Ghana Ltd was handed down by Mr Justice Teare in the Commercial Court on 2 July in a case in which HFW (Simon Blows and Vanessa Tattersall) acted. Sector/service Joins: Dispute Resolution  Energy  Oil and Gas 
• 鹰与龙：美中最新关税政策的背景、涵义及合法性 (2018年4月)
  06/07/2018
  Read more about 鹰与龙：美中最新关税政策的背景、涵义及合法性 (2018年4月)
  近期特朗普推出对钢铁、铝采取的关税措施，主要对中国产品产生影响，有可能会为其在2018年中期选举前提高支持率。但由于中国采取了反关税措施，特朗普进而采取的技术性关税壁垒很可能会在中美间导致一场贸易战。 Sector/service Joins:
• Bunker contamination in the US Gulf – Legal and practical implications
  04/07/2018
  Read more about Bunker contamination in the US Gulf – Legal and practical implications
  Following recent reports of marine fuel contamination on an unprecedented scale in the US Gulf Region, we briefly consider some of the issues arising for those affected parties, including shipowners, time charterers and bunker suppliers Sector/service Joins: Shipping  USA & Canada 
• Second Editions of the FIDIC Rainbow Suite
  04/07/2018
  Read more about Second Editions of the FIDIC Rainbow Suite
  On 5th December 2017, the International Federation of Consulting Engineers (FIDIC) launched the Second Editions of the three major forms of contract in the FIDIC Rainbow Suite at the FIDIC International Users’ Conference in London. This bulletin provides a summary of the key changes in the Second Editions. Sector/service Joins: Construction 
• Adapting to changes in the Indonesian regulatory regime
  28/06/2018
  Read more about Adapting to changes in the Indonesian regulatory regime
  At Coaltrans Asia, we talked about recent changes in the Indonesian regulatory regime for coal trading and shipping, the effects these changes might have on your sale contracts, and some practical steps parties can take to protect against changes in the regulatory landscape. Sector/service Joins: Commodities  Asia Pacific  Jakarta 
• Fifth Circuit Sides with Insurer's Denial of 30-Month Late Hail Damage Claim
  20/06/2018
  Read more about Fifth Circuit Sides with Insurer's Denial of 30-Month Late Hail Damage Claim
  The United States Court of Appeals for the Fifth Circuit ruled this month in favor of Certain Underwriters at Lloyd's, London in a property coverage matter related to hail damage claims asserted by a North Texas hotel.  Certain Underwriters at Lloyd's, London, v. Lowen Valley View, LLC, ___ F.3d ___, No. 1710914 (5th Cir. June 6, 2018) (not yet published). Sector/service Joins:
• Emerging threats in a changing world: Beijing Convention on aviation security to enter into force on 1 July 2018
  20/06/2018
  Read more about Emerging threats in a changing world: Beijing Convention on aviation security to enter into force on 1 July 2018
  Following the recent ratification by the Turkish government, the International Civil Aviation Organisation ("ICAO") has announced that the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (the "Beijing Convention") will enter into force on 1 July 2018. Sector/service Joins: Aerospace  Singapore 
• A 'truly fundamental' issue of contract law: does a 'no oral modifications' clause work?
  07/06/2018
  Read more about A 'truly fundamental' issue of contract law: does a 'no oral modifications' clause work?
  All but the shortest of professionally written contracts will contain a "no oral modifications" (NOM) clause: usually this says that the contract can only be varied in writing and signed by the authorised representatives of the parties. There has always been considerable doubt, however, about whether or not NOM clauses are actually effective. In the Rock Advertising¹ case, the Supreme Court has emphatically found that they are. Sector/service Joins:
• Can there ever be a bad time to demand the provision of security?
  01/06/2018
  Read more about Can there ever be a bad time to demand the provision of security?
  Grindrod Shipping Pte Ltd (t/a Island View Shipping) v. Hyundai Merchant Marine Co Ltd [2018] EWHC 1284 (Comm) Sector/service Joins: Shipping  Dispute Resolution  London  Hong Kong 
• Not by the letter...Can a seller terminate if a letter of credit is not opened on time?
  01/06/2018
  Read more about Not by the letter...Can a seller terminate if a letter of credit is not opened on time?
  In a recent arbitration decision a tribunal rejected the general principle that the obligation on a buyer under a sale contract to open a letter of credit is a condition entitling the seller to terminate if breached. Sector/service Joins: Commodities  London 
• Getting prepared for the 2018 Yachting Season
  29/05/2018
  Read more about Getting prepared for the 2018 Yachting Season
  With the early season yacht shows over and thoughts turning to summer cruising, now is the time for those in yachting to consider both recent changes and possible challenges ahead. Sector/service Joins: Yachts  London 
• Iran sanctions: Aerospace focus
  29/05/2018
  Read more about Iran sanctions: Aerospace focus
  Stakeholders within the aviation sector will be impacted by the reimposition of US sanctions against Iran. Further to HFW's earlier update on President Trump's decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA) and reinstate the Iran sanctions, this briefing considers the likely impact on the aviation sector. Sector/service Joins: Aerospace  Middle East 
• The Murray Report – Review of Security of Payment Laws – Summary of Findings
  23/05/2018
  Read more about The Murray Report – Review of Security of Payment Laws – Summary of Findings
  On 22 December 2017 John Murray AM delivered his report on the national review of the Security of Payment Laws in force around the country to the Honourable Craig Laundy MP, Minister for Small and Family Business, the Workplace and Deregulation. Sector/service Joins: Construction  Australia 
• Retour sur l'obligation d'information Mai 2018
  23/05/2018
  Read more about Retour sur l'obligation d'information Mai 2018
  En septembre dernier, nous vous présentions la nouvelle obligation faite à l'ensemble des sociétés immatriculées auprès du Registre du Commerce et des Sociétés (à l'exception des sociétés dont les titres sont admis aux négociations sur un marché réglementé) de déposer auprès de ce Registre du Commerce et des Sociétés, une déclaration relative à l'identité de leur(s) bénéficiaire(s) effectif(s). Sector/service Joins: Corporate  Paris 
• UAE Cabinet issued a decision approving a New Visa Regime
  22/05/2018
  Read more about UAE Cabinet issued a decision approving a New Visa Regime
  On 20 May 2018 the UAE Cabinet issued a decision approving a new visa regime in the UAE to attract "international investments and exceptional talent" which would allow investors, professionals and specialists in medical, scientific research and technical fields and innovators to obtain a ten-year residency visa. Sector/service Joins: Middle East  Dubai 
• Respect for international aviation conventions in Brazil gathers force
  18/05/2018
  Read more about Respect for international aviation conventions in Brazil gathers force
  In what appears to be an increasing trend towards respect of the Montreal Convention regime in Brazil, there have been two further interesting decisions in April. This is encouraging although some uncertainty still remains. Sector/service Joins: Aerospace  Brazil  Latin America 
• Sanctions Update: US sanctions on Iran, 8 May 2018
  10/05/2018
  Read more about Sanctions Update: US sanctions on Iran, 8 May 2018
  President Trump announced on 8 May 2018 that the US would pull out of the JCPOA. He issued a National Security Presidential Memorandum that begins the process of re-imposing sanctions on areas including Iran’s energy, petrochemical and financial sectors. Sector/service Joins: International Trade Regulation 
• Alerte sanctions internationales: Sanctions Americaines contre l’Iran
  10/05/2018
  Read more about Alerte sanctions internationales: Sanctions Americaines contre l’Iran
  Le Président Trump a annoncé, le 8 mai 2018, que les Etats-Unis se retiraient du JCPOA, et édicté un National Security Presidential Memorandum qui entame le processus de remise en place de sanctions à l’encontre de différents secteurs économiques iraniens, dont les secteurs financiers, de l’énergie et de la pétrochimie. Sector/service Joins: International Trade Regulation 
• FOSFA arbitration rules simplified
  04/05/2018
  Read more about FOSFA arbitration rules simplified
  The FOSFA Rules of Arbitration and Appeal (the Rules) have been revised to simplify the time limits for bringing claims; to provide for a three person tribunal where a sole arbitrator is not selected; and to introduce a requirement for payment of a deposit. The revised rules will affect contracts incorporating the FOSFA terms entered into on or after 1 April 2018. Sector/service Joins: Commodities 
• Trade in a Cold Climate – How can you protect yourself
  02/05/2018
  Read more about Trade in a Cold Climate – How can you protect yourself
  This year is proving to be an unpredictable and turbulent one for international state relations, with the imposition of tariffs by the US and China and the sanctions imposed by the US against various Russian individuals and companies being prominent recent examples. Sector/service Joins: Commodities  London 
• LNG Bunkering in the Baltic Sea – A question of when, not if?
  02/05/2018
  Read more about LNG Bunkering in the Baltic Sea – A question of when, not if?
  In this further article on issues affecting the maritime industry in the Baltic Sea (our previous articles can be found here and here), we look at market developments regarding Liquefied Natural Gas (LNG) as bunker fuel. Sector/service Joins: Shipping  London 
• La Cour de Justice de l'Union européenne facilite la mobilité internationale des sociétés. Conséquences de l'arrêt Polbud (CJUE, 25 Octobre 2017, aff. C-106/16) Avril 2018
  24/04/2018
  Read more about La Cour de Justice de l'Union européenne facilite la mobilité internationale des sociétés. Conséquences de l'arrêt Polbud (CJUE, 25 Octobre 2017, aff. C-106/16) Avril 2018
  La Cour de Justice de l’Union européenne admet désormais qu’une société immatriculée dans un Etat membre transfère son siège statutaire dans un autre Etat membre tout en conservant son siège réel et l’exercice de son activité exclusivement dans son Etat membre d’origine. Sector/service Joins: Corporate  Paris 
• Enforcement wins out again - Sinocore International Co. Ltd & RBRG Trading (UK) Limited, 23 April 2018
  23/04/2018
  Read more about Enforcement wins out again - Sinocore International Co. Ltd & RBRG Trading (UK) Limited, 23 April 2018
  The English Court of Appeal has today handed down a unanimous judgment dismissing an appeal from the earlier Commercial Court decision of Phillips J upholding the enforcement of a New York Convention (CIETAC) Arbitration Award for a significant US dollar sum. Sector/service Joins: Commodities  Asia Pacific 
• US Coast Guard Monetary Thresholds For Reporting Marine Casualties and Serious Marine Incidents Increased Commencing 18 April 2018
  13/04/2018
  Read more about US Coast Guard Monetary Thresholds For Reporting Marine Casualties and Serious Marine Incidents Increased Commencing 18 April 2018
  The United States Coast Guard (“Coast Guard”) published a final rule on March 19, 2018 announcing changes in monetary thresholds for reporting of a Serious Marine Incident (SMI) and a Marine Casualty. As listed on CG-2692B the monetary threshold for an SMI was damage to property in excess of $100,000. The property damage threshold for reporting a Marine Casualty was $25,000. This has now been increased to $200,000 and $75,000 respectively. Sector/service Joins:
• A cautionary tale for Insurers facing potential CTL claims – The RENOS¹, April 2018
  12/04/2018
  Read more about A cautionary tale for Insurers facing potential CTL claims – The RENOS¹, April 2018
  A fire onboard the m.v. “RENOS” resulted in its owner declaring the vessel a constructive total loss, but not before a significant salvage operation and drawn out debates with insurers about the likely costs of repairs. The Court of Appeal held, largely upholding the High Court, that: Sector/service Joins:
• The UAE’s Federal Arbitration Law – Good things come to those who wait? April 2018
  11/04/2018
  Read more about The UAE’s Federal Arbitration Law – Good things come to those who wait? April 2018
  In February 2018, the UAE’s Federal National Council approved a draft UAE Federal Arbitration Law. This is a welcome development for arbitration in the UAE that will further enhance the UAE’s position as a regional arbitration hub. In this briefing, we take a look at the likely effects of the new law on arbitration in the UAE and the next steps for its enactment. Sector/service Joins: Dispute Resolution  Dubai  Middle East 
• Sanctions update: North Korean sanctions regime – 21 companies, 27 vessels and an individual listed by UN for contravention of sanctions, April 2018
  09/04/2018
  Read more about Sanctions update: North Korean sanctions regime – 21 companies, 27 vessels and an individual listed by UN for contravention of sanctions, April 2018
  On 30 March 2018 the United Nations (UN) imposed sanctions against 21 shipping companies and one individual in reaction to breaches of UN sanctions against North Korea. The list of sanctioned companies includes companies based outside of North Korea. The UN also listed 27 vessels which had been engaged in breaching its sanctions against North Korea. The full list of companies, individual and vessels targeted may be found at https://www.un.org/press/en/2018/sc13272.doc.htm. Sector/service Joins: International Trade Regulation  Asia Pacific 
• Il caso “BALTIC STRAIT” – Spunti di riflessione in relazione a reclami per danni al carico
  09/04/2018
  Read more about Il caso “BALTIC STRAIT” – Spunti di riflessione in relazione a reclami per danni al carico
  La recente sentenza nel caso “BALTIC STRAIT”¹ ha deciso su questioni interessanti in relazione ai reclami per danni al carico, nell’appello seguito ad un arbitrato in cui lo studio legale HFW (Richard Mabane e Alessio Sbraga) ha rappresentato con successo gli assicuratori del carico, SIAT Società Italiana Assicurazioni e Riassicurazioni SpA, ed i loro assicurati, i destinatari del carico, Altfadul (di seguito, gli “Interessi legati al Carico”), scrive Richard Mabane Sector/service Joins: Shipping 
• The Eagle and the Dragon: The context, implications and legality of the latest US - China tariffs, April 2018
  09/04/2018
  Read more about The Eagle and the Dragon: The context, implications and legality of the latest US - China tariffs, April 2018
  Trump's recent steel and aluminium tariff measures – which will mainly affect Chinese goods – may deliver a ratings boost before the 2018 midterm elections. However, the counter tariffs imposed by China, and the further tech tariffs threatened by Trump may lead to a trade war. Sector/service Joins: Commodities  International Trade Regulation 
• Incendie volontaire : la faute intentionnelle réduite à portion congrue, Avril 2018
  05/04/2018
  Read more about Incendie volontaire : la faute intentionnelle réduite à portion congrue, Avril 2018
  Not found Sector/service Joins: Insurance & Reinsurance  Paris 
• ADGM Courts and the Abu Dhabi Judicial Department formalise cross-court judgment and arbitral award enforcement regime
  02/04/2018
  Read more about ADGM Courts and the Abu Dhabi Judicial Department formalise cross-court judgment and arbitral award enforcement regime
  A groundbreaking and long awaited Memorandum of Understanding has now been signed between the Abu Dhabi Global Market (ADGM) Courts and the Abu Dhabi Judicial Department, allowing for the direct enforcement of ADGM Courts judgments and arbitral awards into onshore Abu Dhabi Sector/service Joins: Middle East  Dispute Resolution 
• Is there a notable initiative in a market that can be developed into a Pan-Arab initiative? April 2018
  02/04/2018
  Read more about Is there a notable initiative in a market that can be developed into a Pan-Arab initiative? April 2018
  To a great extent banks and insurers are the “yin and yang” of operational risk. Banks have to deal with operational risk on a daily basis. Banks attempt to manage and mitigate these risks; and when they cannot, banks may attempt to transfer these risks to the insurance and reinsurance market. Insurers, for their part, attempt to understand and price the risk and then, in effect, remove that risk from the bank’s balance sheet. The premise of this paper is that banks and insurers have much more in common than meets the eye and that new developments in their respective markets can significantly enhance the financial strength of the Pan-Arab region. Sector/service Joins: Insurance & Reinsurance  Middle East 
• The “BALTIC STRAIT” – Food for thought in relation to cargo claims, March 2018
  27/03/2018
  Read more about The “BALTIC STRAIT” – Food for thought in relation to cargo claims, March 2018
  The recent Judgment in The “BALTIC STRAIT”¹ decided several interesting issues in relation to cargo claims, on appeal from an arbitration in which HFW (Richard Mabane and Alessio Sbraga) had represented the successful cargo insurers, SIAT Società Italiana Assicurazioni e Riassicurazioni SpA and their assured, the cargo receivers, Altfadul (“Cargo Interests”) writes Richard Mabane. Sector/service Joins: Shipping 
• Discharge of cargo without original bills of lading and letters of indemnity (LOI): one of the biggest risks a shipowner or charterer can take, March 2018
  22/03/2018
  Read more about Discharge of cargo without original bills of lading and letters of indemnity (LOI): one of the biggest risks a shipowner or charterer can take, March 2018
  LOIs are an essential document to help world trade run smoothly. They are given by cargo interests and parties above them in the contractual chain to obtain cargo at a discharge port without delay in circumstances where the original bills of lading are not immediately available. Sector/service Joins: Shipping  Insurance & Reinsurance 
• Forewarned is forearmed: what are the risks if tariffs spark a trade war and how can you prepare? March 2018
  13/03/2018
  Read more about Forewarned is forearmed: what are the risks if tariffs spark a trade war and how can you prepare? March 2018
  On Thursday 8 March, President Trump signed an order for the imposition of new tariffs on steel and aluminium products entering the US. This has sparked concern about the possibility of a resulting international trade war. This would be a daunting prospect for commodity traders, with the risk of escalation potentially threatening markets well beyond steel and aluminium. This article looks at the impact that the imposition of trade tariffs may have on commodity sale contracts and how commodity traders can prepare. Sector/service Joins: Commodities  International Trade Regulation 
• European Commission increases the pressure on the yachting industry, March 2018
  12/03/2018
  Read more about European Commission increases the pressure on the yachting industry, March 2018
  The yachting industry has long anticipated the day when the European Commission would increase the pressure on those EU member states offering yacht owners a means of mitigating their VAT exposure. That day came on 8 March 2018, with the announcement by the European Commission of infringement proceedings against Malta, Cyprus and Greece. Sector/service Joins: Yachts  Eastern Europe & Russia 
• French plans for International Commercial Court accelerate in the face of Brexit, March 2018
  12/03/2018
  Read more about French plans for International Commercial Court accelerate in the face of Brexit, March 2018
  With Brexit on the horizon, France has accelerated an initiative introduced over twenty years ago: establishing divisions within the Paris Commercial Court and Court of Appeal that are able to deal with international business disputes governed by foreign laws - in particular, the common law - in English. Sector/service Joins: EU, Competition and Trade Regulatory  Paris  Eastern Europe & Russia 
• Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited: Navigating the tension between private dispute resolution and insolvency class actions, March 2018
  09/03/2018
  Read more about Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited: Navigating the tension between private dispute resolution and insolvency class actions, March 2018
  In Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited¹, the Hong Kong Court of First Instance dismissed a winding-up petition based on an unsatisfied statutory demand. Sector/service Joins: Corporate  Commercial  Dispute Resolution  Hong Kong  RESTRUCTURING HUB 
• And the Oscar goes to... Freedom of Contract! March 2018
  05/03/2018
  Read more about And the Oscar goes to... Freedom of Contract! March 2018
  Morality clauses are back in the spotlight after a spate of high-profile scandals in Hollywood. Many studios are questioning how best to protect themselves from the financial and reputational damage done when claims are levied against their leading lights. After Kevin Spacey's fall from grace, Netflix may still have to pay him a significant sum after terminating his contract for House of Cards. Sector/service Joins: Dispute Resolution  Commercial 
• Holyoake v Candy [2017]: How to avoid falling foul of the penalty doctrine, March 2018
  02/03/2018
  Read more about Holyoake v Candy [2017]: How to avoid falling foul of the penalty doctrine, March 2018
  The recent decision of the High Court in Holyoake v Candy¹ has reinforced the doctrine that penalties only apply to clauses that are triggered on a breach of contract. Sector/service Joins: Dispute Resolution  Commercial 
• Developments in Australian Offshore Decommissioning, March 2018
  01/03/2018
  Read more about Developments in Australian Offshore Decommissioning, March 2018
  The Australian Federal Government and associated agencies review the policy, regulatory and legislative framework for decommissioning offshore petroleum assets in Commonwealth waters. Sector/service Joins: Energy  Oil and Gas  Shipping  Australia 
• All change – are you ready for the EU General Data Protection Regulation? Special update, February 2018
  28/02/2018
  Read more about All change – are you ready for the EU General Data Protection Regulation? Special update, February 2018
  Organisations (including many outside the EEA) now have less than three months to prepare for the EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995. Sector/service Joins: EU, Competition and Trade Regulatory 
• English Litigation Privilege: will an emissions trading case cause a change of climate for investigators? February 2018
  27/02/2018
  Read more about English Litigation Privilege: will an emissions trading case cause a change of climate for investigators? February 2018
  A recent ruling by the English High Court in BILTA v RBS¹, concerning EU Emissions Allowances (“EUAs” or “carbon-credits”) trading has re-opened the debate on when materials forming part of an internal investigation can benefit from litigation privilege. The decision further undermines the restrictive approach taken by Andrews J in SFO v ENRC² when applying the “sole or dominant purpose test” to dual-purpose communications. Sector/service Joins: Dispute Resolution 
• English Court Support for Arbitration – Recent Developments, February 2018
  22/02/2018
  Read more about English Court Support for Arbitration – Recent Developments, February 2018
  Parties to English law arbitrations may, in limited circumstances, apply to the High Court for orders in relation to those arbitral proceedings under s.44 of the Arbitration Act 1996 (the Act). The court's role here is to provide support; it is not for the court to supervise or displace the arbitral process. Sector/service Joins: Dispute Resolution 
• Brazil: case law update, February 2018
  21/02/2018
  Read more about Brazil: case law update, February 2018
  The Brazilian Superior Tribunal of Justice (STJ) has recently handed down two judgments that will be of interest to airlines and their insurers: Sector/service Joins: Aerospace  Insurance & Reinsurance  Brazil 
• New orders - Mandatory AIS and insurance for seafarers in the UAE, February 2018
  21/02/2018
  Read more about New orders - Mandatory AIS and insurance for seafarers in the UAE, February 2018
  As of 31 January 2018, shipowners must have liability insurance covering up to four months of wages and provisions, medical care and repatriation costs for all seafarers working on vessels calling at UAE Ports or anchoring in the UAE's territorial waters or Exclusive Economic Zone. This is in line with the requirements of the Maritime Labour Convention of 2006. Sector/service Joins: Shipping  Middle East 
• The saga of punitive damages under Miles v. Apex Marine continues with recent Ninth Circuit Opinion, February 2018
  14/02/2018
  Read more about The saga of punitive damages under Miles v. Apex Marine continues with recent Ninth Circuit Opinion, February 2018
  In the aftermath of the US Supreme Court’s landmark decision in Miles v. Apex Marine Corp.,¹ federal and state courts have grappled with whether a seaman has the right to recover punitive damages under a claim of unseaworthiness. The Ninth Circuit Court of Appeals, in Batterton v. Dutra Group², has recently joined some courts who answer in the affirmative - a seaman may sue for punitive damages under a general maritime claim of unseaworthiness even after Miles. This creates uncertainty for shipowners and their underwriters. Sector/service Joins: Shipping 
• Mind the gap: navigating legal risks in your typical FPSO project, February 2018
  13/02/2018
  Read more about Mind the gap: navigating legal risks in your typical FPSO project, February 2018
  Chanaka Kumarasinghe specialises in upstream oil and gas sector work and has close to twenty years’ experience advising a range of contractors in construction, exploration and production. He has advised on contract negotiation and dispute management in multiple Floating Production Storage and Offloading (FPSO) and Floating Storage and Offloading (FSO) projects over the years.
  
  He has spoken at various FPSO conferences in Singapore and Houston. He will also be attending the FPSO Europe Congress 2018 in London in February 2018, www.fpsoeuropecongress.iqpc.sg. Sector/service Joins: Oil and Gas  Energy 
• New LFSA Guidelines, February 2018
  13/02/2018
  Read more about New LFSA Guidelines, February 2018
  On 1 January 2018, the Labuan Financial Services Authority (LFSA) issued Guidelines on the Establishment and Operations of Labuan Leasing Business (the Guidelines). The Guidelines seek to clarify the requirements for Labuan companies carrying out leasing business in Labuan International Business and Financial Centre. Sector/service Joins: Aerospace 
• New procedures for enforcing property developer’s rights in Dubai, February 2018
  12/02/2018
  Read more about New procedures for enforcing property developer’s rights in Dubai, February 2018
  The recently issued Dubai Law No. (19) of 2017 (the New Law) creates greater protection for developers through its amendment of Article 11 of Law No. (13) of 2008, on Interim Property Registration in Dubai. Sector/service Joins: Construction  Dubai 
• Adam & Eve & Arbitration, February 2018
  12/02/2018
  Read more about Adam & Eve & Arbitration, February 2018
  There are still arbitration clauses that contain arcane language requiring arbitrators to be "commercial men". In this article we examine how the English courts have interpreted this "commercial men" wording and consider whether this could ever serve to restrict the appointment of women arbitrators. We suggest that there is no objective justification for such wording, which undermines the efforts being made to improve gender diversity in arbitration. Private practice and in-house lawyers drafting bespoke arbitration clauses, as well as trade associations drafting standard form clauses, should adopt more modern language. Sector/service Joins: Dispute Resolution 
• Dubai International Arbitration Centre – 2018 Arbitration Rules: Out with the old and in with the new, February 2018
  06/02/2018
  Read more about Dubai International Arbitration Centre – 2018 Arbitration Rules: Out with the old and in with the new, February 2018
  In November 2017, the Dubai International Arbitration Centre (DIAC) took the opportunity to share with the wider legal community the latest revisions to its current 2007 arbitration rules (the 2007 Rules). Sector/service Joins: Dispute Resolution  Dubai  Middle East 
• “A Simpler, More Straightforward Test”? The Fifth Circuit Court of Appeals Adopts a New Test to Determine When a Contract is Considered Maritime, January 2018
  30/01/2018
  Read more about “A Simpler, More Straightforward Test”? The Fifth Circuit Court of Appeals Adopts a New Test to Determine When a Contract is Considered Maritime, January 2018
  On January 8, 2018, in the case In re Larry Doiron, Inc., the Fifth Circuit Court of Appeals, sitting en banc, modified the 28 year-old test provided in Davis & Sons, Inc. v. Gulf Oil Corp. (Davis & Sons) for determining whether a specialty services contract is maritime in nature. Relying on the 2004 United States Supreme Court’s decision in Norfolk Southern Railway Co. v. Kirby (Kirby), the Fifth Circuit established a new test to assist in making this determination. However, in an attempt to alleviate the necessary fact finding requirements under the Davis & Sons test, the Fifth Circuit may not have created the bright-line test it had hoped. Sector/service Joins: Shipping  Houston 
• New bill to speed up commercial international arbitration cases, January 2018
  12/01/2018
  Read more about New bill to speed up commercial international arbitration cases, January 2018
  On 9 January 2018, the Singapore Parliament passed a bill allowing the Singapore International Commercial Court (SICC) to hear the same international commercial arbitration cases as the Singapore High Court, under the International Arbitration Act (IAA). Sector/service Joins: Dispute Resolution  Singapore 
• Reviewing IATA’s Standard Ground Handling Agreement 2018, January 2018
  09/01/2018
  Read more about Reviewing IATA’s Standard Ground Handling Agreement 2018, January 2018
  The latest version of the International Air Transport Association’s (IATA) Standard Ground Handling Agreement (SGHA) went live on 1 January 2018. We consider the main changes introduced by SGHA 2018 – an industry standard template for airlines and handlers that has been the benchmark for more than 25 years. Sector/service Joins: Aerospace  Asia Pacific 
• Petition for Certiorari filed to U.S. Supreme Court to decide the issue of whether Jones Act seamen may recover punitive damages on claims for vessel unseaworthiness, January 2018
  05/01/2018
  Read more about Petition for Certiorari filed to U.S. Supreme Court to decide the issue of whether Jones Act seamen may recover punitive damages on claims for vessel unseaworthiness, January 2018
  Ever since the U.S. Supreme Court’s 1990 Miles v. Apex Marine Corp. decision, lower courts in the United States have considered various issues surrounding the availability of punitive damages in personal injury suits involving seamen. Sector/service Joins: Shipping  Dispute Resolution  USA & Canada 
• SIAC cross institutional consolidation protocol summary, January 2018
  03/01/2018
  Read more about SIAC cross institutional consolidation protocol summary, January 2018
  On 19 December 2017, the Singapore International Arbitration Centre (SIAC) announced its proposal on a new protocol that consolidates compatible international arbitration proceedings subject to different institutional arbitration rules. Sector/service Joins: Dispute Resolution  Singapore 
• Cruise lines: Reasonable care duty requires notice, December 2017
  13/12/2017
  Read more about Cruise lines: Reasonable care duty requires notice, December 2017
  Eleventh Circuit Reaffirms Cruise Lines Are Not Insurers of a Passenger’s Safety. Liability Will Only Arise Where: (1) Cruise Line Had Actual or Constructive Knowledge of the Alleged Risk-Creating Condition and (2) the Condition Was Not Open and Obvious. Sector/service Joins: Shipping  Travel, Cruise & Leisure  Houston 
• Arbitration in the UAE – keep calm and carry on (in Dubai), December 2017
  12/12/2017
  Read more about Arbitration in the UAE – keep calm and carry on (in Dubai), December 2017
  The UAE Ministry of Justice recently released Ministerial Resolution No. 972 of 2017 on the Executive Regulations of the Federal Law No. 23 of 1991 on the Regulation of the Legal Profession and its Amendments (the Resolution), calling into question the ability of parties to choose their counsel in arbitration proceedings (see our earlier briefing here). Sector/service Joins: Dispute Resolution  Dubai 
• Merger control – dodge a regulatory bullet: avoid gun jumping, December 2017
  11/12/2017
  Read more about Merger control – dodge a regulatory bullet: avoid gun jumping, December 2017
  The competition and regulatory clearance process for mergers, acquisitions and joint ventures has become more onerous and lengthy for many transactions. More than 140 countries have adopted some version of a merger control regime, adding a layer of complexity to international deals. It is not unusual for the clearance process to take up to a year or more. During this period parties will often want to begin planning for future integration. The authorities meanwhile are looking closely at potential “gun jumping” violations. Sector/service Joins: EU, Competition and Trade Regulatory 
• Brexit: EU/UK progress report, December 2017
  08/12/2017
  Read more about Brexit: EU/UK progress report, December 2017
  The EU/UK joint report on the progress of the Brexit negotiations, announced today, contains the following key points: Sector/service Joins: EU, Competition and Trade Regulatory 
• Playing the slots: Court of Appeal holds that defunct airline Monarch is still entitled to valuable takeoff and landing slots, December 2017
  06/12/2017
  Read more about Playing the slots: Court of Appeal holds that defunct airline Monarch is still entitled to valuable takeoff and landing slots, December 2017
  Last month we reported¹ that the Divisional Court of the High Court had found that Monarch Airlines, in administration, was no longer entitled to have airport take-off and landing slots allocated to it because it had ceased to be an “air carrier” for the purposes of the EU Slots Regulation. Sector/service Joins: Aerospace  Dispute Resolution 
• Bright gleam of victory – Brazil: International Conventions to prevail in international carriage by air liability disputes, November 2017
  30/11/2017
  Read more about Bright gleam of victory – Brazil: International Conventions to prevail in international carriage by air liability disputes, November 2017
  The long awaited written judgments on the long awaited decisions of the Brazilian Supreme Federal Court (STF) on two landmark cases were finally handed down on 13 November 2017. While the result is positive news for airlines operating international flights to and from Brazil, a more detailed analysis of the judgments confirms our preliminary view¹ that some challenges remain in the battle for the exclusivity of the Conventions in the determination of liability in carriage by air cases in Brazil. Sector/service Joins: Aerospace  Brazil 
• Arbitration in the UAE – one step forward, two steps back? November 2017
  29/11/2017
  Read more about Arbitration in the UAE – one step forward, two steps back? November 2017
  Recent developments in the UAE legal framework once again call into question the attractiveness of the onshore UAE as a seat and hub for arbitration, as well as the ability of parties to choose their own counsel. We take a look at the developments and how this is likely to impact the arbitration landscape in the UAE. Sector/service Joins: Dispute Resolution  Middle East 
• Autonomous vessels – are regulations keeping up with innovation? November 2017
  24/11/2017
  Read more about Autonomous vessels – are regulations keeping up with innovation? November 2017
  Following on from our last briefing of July 2017¹, we take a look at recent developments as the marine sector continues to innovate. As developers move closer to testing the feasibility of Maritime Autonomous Surface Ships (MASS), we also look at steps being taken by some of the key players in the industry. Sector/service Joins: Shipping 
• Courting Construction (Part II): the new Technology & Construction Division of the DIFC Courts, November 2017
  20/11/2017
  Read more about Courting Construction (Part II): the new Technology & Construction Division of the DIFC Courts, November 2017
  In our previous briefing, we wrote about the proposed Technology & Construction Division (TCD) of the Dubai International Financial Centre (DIFC) Courts and its importance for the UAE legal landscape. In this briefing, we take a look at some of the key features of the newly-constituted TCD and how they might influence parties when it comes to choosing the forum in which to resolve their disputes. Sector/service Joins: Construction  Middle East 
• Immigration update for 457 and permanent employer sponsored visas, November 2017
  17/11/2017
  Read more about Immigration update for 457 and permanent employer sponsored visas, November 2017
  As previously announced, the Australian Department of Immigration and Border Protection (DIBP) will abolish the 457 visa and replace it with the new Temporary Skills Shortage (TSS) visa in March 2018. In addition, reforms have been made to the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) visas, restricting eligibility criteria for applicants. At the National Migration Conference on 8 – 10 November, the DIBP made new announcements on these changes. Sector/service Joins: Employment  Australia 
• Brexit : les enjeux pour le contentieux du commerce international, Novembre 2017
  16/11/2017
  Read more about Brexit : les enjeux pour le contentieux du commerce international, Novembre 2017
  Les contrats du commerce international renvoient souvent au droit anglais et aux tribunaux anglais (ou à l’arbitrage à Londres) pour le règlement des litiges. L’accès du Royaume-Uni à l’espace judiciaire commun mis en place par l’Union Européenne (UE) a renforcé la place privilégiée de Londres dans la résolution des litiges commerciaux. Sector/service Joins: EU, Competition and Trade Regulatory  London  Paris  Eastern Europe & Russia 
• Tribunal Secretaries: the LCIA seek to rein in the ‘Fourth Arbitrator’, November 2017
  14/11/2017
  Read more about Tribunal Secretaries: the LCIA seek to rein in the ‘Fourth Arbitrator’, November 2017
  The appointment and use of Tribunal Secretaries has come under increasing scrutiny in international arbitration in recent years. A lingering uneasiness remains over the perceived risk that Tribunals may permit the administrative role of legal assistants to become unsupervised, or, even worse, to morph into that of a delegated decision maker. Sector/service Joins: Dispute Resolution 
• Monarch Airlines: English Court rejects slot allocation claim, November 2017
  10/11/2017
  Read more about Monarch Airlines: English Court rejects slot allocation claim, November 2017
  In the fall-out from the failure of Monarch Airlines in the UK, the English High Court was tasked with determining what entitlement Monarch might have to reallocation of airport slots based on historical precedence, i.e. its usage of the same slots during the previous season. Sector/service Joins: Aerospace 
• Freight forwarders beware when issuing house bills of lading, November 2017
  08/11/2017
  Read more about Freight forwarders beware when issuing house bills of lading, November 2017
  In Australian Capital Financial Management Pty Ltd v Freight Solutions (Vic) Pty Ltd [2017] NSWDC 279, a New South Wales court found that a freight forwarder engaged in misleading and deceptive conduct for issuing house bills that appeared to be the original negotiable bills. By issuing the bills, the freight forwarder had, in effect, 'put into the world two sets of documents of title' as the ocean carrier had also issued negotiable bills for the same shipment. Sector/service Joins: Shipping  Australia 
• MOSCOW STARS: Sale of a cargo under a Charterparty lien, November 2017
  07/11/2017
  Read more about MOSCOW STARS: Sale of a cargo under a Charterparty lien, November 2017
  The Court in Dainford Navigation Inc v PDVSA Petroleo SA¹ considered an application pursuant to section 44 of the Arbitration Act 1996 (the Act) for the sale of a crude oil cargo onboard the “MOSCOW STARS” that was the subject of a charterparty lien exercised by Owners in respect of sums outstanding under the Charterparty. This is the first judgment handed down by the Commercial Court on a defended application for the sale of a cargo under lien. Sector/service Joins: Shipping  Dispute Resolution 
• Adoption of the directive (UE) 2017/1132, a first step towards a European corporate Code, October 2017
  26/10/2017
  Read more about Adoption of the directive (UE) 2017/1132, a first step towards a European corporate Code, October 2017
  The directive (UE) 2017/1132 of the European Parliament and of the Council dated 14 June 2017 (Directive) relating to certain aspects of Company Law was published in the European Union Gazette (JOUE) on 30 June 2017. By bringing together six different directives, the Directive represents a first step towards a European corporate Code and a real effort to make the European corporate law more accessible. Sector/service Joins: Corporate 
• Claimant’s Attempt to Drop Anchor in Shipowner’s Pocketbook Cut Short by The Bright-Line Rule of The Testbank, October 2017
  25/10/2017
  Read more about Claimant’s Attempt to Drop Anchor in Shipowner’s Pocketbook Cut Short by The Bright-Line Rule of The Testbank, October 2017
  Relying on the Robins Dry Dock/Testbank Formulation, the Fifth Circuit Court of Appeals affirms dismissal of a US$258 million claim against a shipowner arising out of an allision in Galveston Harbor Sector/service Joins: Shipping 
• Intra-EU BITs, compatible with EU law? October 2017
  24/10/2017
  Read more about Intra-EU BITs, compatible with EU law? October 2017
  In a somewhat surprising development but one that will be warmly welcomed by the international arbitration community, the Advocate General of the Court of Justice of the European Union (AG), Mr Wathelet, has issued an opinion stating that the bilateral investment treaty (BIT) between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic is compatible with EU law. This is the first time that the compatibility of an intra-EU BIT with EU law has been considered by the AG and Court of Justice of the European Union, (CJEU). Sector/service Joins: EU, Competition and Trade Regulatory  Dispute Resolution 
• The EU General Data Protection Regulation and international airlines - Special update, October 2017
  23/10/2017
  Read more about The EU General Data Protection Regulation and international airlines - Special update, October 2017
  The EU General Data Protection Regulation (GDPR) becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It overhauls a data protection regime dating from 1995. It will also apply to a large number of businesses established outside of the EEA. Airlines now have less than eight months to make the necessary changes to their systems and policies in order to be prepared when the GDPR “goes live”. The clock is ticking. Sector/service Joins: Aerospace  EU, Competition and Trade Regulatory 
• Limitation of liability in Hong Kong: Breaking News, October 2017
  20/10/2017
  Read more about Limitation of liability in Hong Kong: Breaking News, October 2017
  On 4 December 2017, Hong Kong will apply the International Maritime Organisation's latest amendment to the limits of liability under the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims, 1976 (the 1976 Convention). These amendments will significantly increase the limits of liability from those currently applicable under Hong Kong law. Sector/service Joins: Hong Kong  Shipping 
• Prospectus changes: three-stage implementation of the EU’s new Prospectus Regulation, September 2017
  19/10/2017
  Read more about Prospectus changes: three-stage implementation of the EU’s new Prospectus Regulation, September 2017
  The new EU Prospectus Regulation (PR), adopted in June 2017, changes the current prospectus regime for listed issuers and companies making public offers of securities. It repeals and replaces the 2003 Prospectus Directive (PD) and the European Commission’s 2004 implementing regulation on the form, content and publication of prospectuses and related advertisements. Sector/service Joins: Corporate  EU, Competition and Trade Regulatory 
• We’re not exclusive: English high court accepts jurisdiction over aircraft lease governed by New York law, October 2017
  16/10/2017
  Read more about We’re not exclusive: English high court accepts jurisdiction over aircraft lease governed by New York law, October 2017
  The recent judgment of the English High Court in Aersale 25362 Aviation & Anor v Med-View Airline PLC demonstrates how effective for lessors a one-way non-exclusive jurisdiction clause in an aircraft lease can be. Sector/service Joins: Aerospace 
• EU261: English Court of Appeal finds non-EU airlines liable for missed connections, October 2017
  13/10/2017
  Read more about EU261: English Court of Appeal finds non-EU airlines liable for missed connections, October 2017
  The English Court of Appeal gave judgment on 12 October 2017 in the cases of Gahan v Emirates and Buckley v Emirates, two joined appeals concerning liability of airlines under EC Regulation 261/2004 for missed connections and consequent delay at a passenger’s final destination. Sector/service Joins: Aerospace 
• The privileged position of the Court of Appeal: Legal privilege in investigations, October 2017
  13/10/2017
  Read more about The privileged position of the Court of Appeal: Legal privilege in investigations, October 2017
  In May, the High Court handed down their decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd. [2017] EWHC 1017 (QB)¹ narrowing the application of legal professional privilege, particularly in relation to investigations by regulators. The defendant has now been granted the right to appeal this controversial decision. Sector/service Joins: Dispute Resolution  Corporate 
• Hurricanes Harvey, Irma and Maria, October 2017
  09/10/2017
  Read more about Hurricanes Harvey, Irma and Maria, October 2017
  On 4 October, HFW London hosted over 100 clients and press members for a presentation and panel discussion about the impact of the recent hurricanes which hit the US and the Caribbean. Sector/service Joins: Insurance & Reinsurance  Houston  USA & Canada  London 
• Something rotten in the state of shipping: what you need to know about Mandate Fraud and the fraudulent redirecting of payments, October 2017
  04/10/2017
  Read more about Something rotten in the state of shipping: what you need to know about Mandate Fraud and the fraudulent redirecting of payments, October 2017
  A recent shipping review lists fraud, as well as theft and corruption, as the joint second highest risk to the shipping sector, ranked only behind that of market developments, such as market volatility¹. Sector/service Joins: Shipping 
• The GDPR iceberg: data protection in the cruise industry, October 2017
  04/10/2017
  Read more about The GDPR iceberg: data protection in the cruise industry, October 2017
  The EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995, becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It will apply to all businesses established in the EEA and a large number established outside of the EEA. Sector/service Joins: Travel, Cruise & Leisure  Shipping  EU, Competition and Trade Regulatory 
• Port reception facilities for waste water in the Baltic Sea: fit for purpose? October 2017
  03/10/2017
  Read more about Port reception facilities for waste water in the Baltic Sea: fit for purpose? October 2017
  Further to our previous article¹ on the implementation and enforcement of sulphur oxide emissions limits under MARPOL Annex VI, we continue our series looking at issues affecting the maritime industry in the Baltic Sea. In this article, we focus on the implementation of another element of MARPOL, namely Annex IV on the prevention of pollution by sewage from ships. Sector/service Joins: Shipping  Travel, Cruise & Leisure 
• “ATLANTIK CONFIDENCE”: Court of Appeal Rejects Owner’s Application for Permission to Appeal, September 2017
  27/09/2017
  Read more about “ATLANTIK CONFIDENCE”: Court of Appeal Rejects Owner’s Application for Permission to Appeal, September 2017
  In our briefing of October 2016¹ we reported on the decision of Teare J who held that the Owners of the “ATLANTIK CONFIDENCE” were not entitled to limit their liability under the Convention on Limitation of Liability for Maritime Claims 1976 (as amended, the Convention) because the vessel had been “deliberately sunk by the master and chief engineer at the request of Mr. Agaoglu, the alter ego of the Owners.” Sector/service Joins: Shipping  Dispute Resolution 
• ESG compliance – what it is, why it matters and what you need to know, October 2017
  27/09/2017
  Read more about ESG compliance – what it is, why it matters and what you need to know, October 2017
  Environmental, social and governance (ESG) compliance has become an increasingly complex and challenging regulatory environment for companies to navigate. Sector/service Joins: Corporate  SUSTAINABILITY HUB  Sustainability in Regulation 
• Il rischio di attacchi cyber nel settore marittimo e le nuove linee guida BIMCO sulla sicurezza informatica, Settembre 2017
  22/09/2017
  Read more about Il rischio di attacchi cyber nel settore marittimo e le nuove linee guida BIMCO sulla sicurezza informatica, Settembre 2017
  Il CEO della IBM ha definito la criminalità informatica come, “la più grande minaccia per tutte le società del mondo” e Forbes prevede che i costi dovuti alla criminalità informatica raggiungeranno i US$2 milliardi entro il 2019. Nel 2015, un’indagine svolta dal CEO di Fortune 500 ha messo in luce come la sicurezza informatica fosse una delle sfide più grandi che devono essere affrontate dalle società. Sector/service Joins: Shipping 
• UK Government releases Code of Practice - Cyber Security for Ships, September 2017
  22/09/2017
  Read more about UK Government releases Code of Practice - Cyber Security for Ships, September 2017
  On 16 June 2017, the IMO adopted Resolution MSC.428(98) which encourages administrations to ensure that cyber risks are appropriately addressed in safety management systems no later than the first annual verification of shipping companies' DOCs after 1 January 2021. It has never been more important to have effective cyber security and crisis management plans in place, as highlighted by the recent NotPetya ransomware incident which effected Maersk. Cyber attacks can harm and damage crew, vessels and cargo and cause business disruption, loss of sensitive information and damage to the company's image. The UK Government's new Code of Practice – Cyber Security for Ships provides further (non-binding) guidance to shipping companies, complementing last year's code of practice for ports and port systems. Sector/service Joins: Shipping 
• MLC Update: Australia imposes lengthy bans on vessels for failures to pay crew wages, September 2017
  21/09/2017
  Read more about MLC Update: Australia imposes lengthy bans on vessels for failures to pay crew wages, September 2017
  All vessels operating in Australian waters must comply with relevant international standards given effect under Australian law, including the Maritime Labour Convention 2006 (MLC). Sector/service Joins: Shipping  Asia Pacific 
• La nouvelle obligation d’information relative aux bénéficiaires effectifs, Septembre 2017
  19/09/2017
  Read more about La nouvelle obligation d’information relative aux bénéficiaires effectifs, Septembre 2017
  Depuis le 1^er août 2017, toutes les personnes morales tenues de s’immatriculer au Registre du Commerce et des Sociétés (société, groupement d’intérêt économique, association, fondation, succursale de société étrangère), ont l’obligation de déposer au Registre du Commerce et des Sociétés dont elles dépendent, au moment du dépôt de leur dossier d’immatriculation, une déclaration relative à l’identité de leurs bénéficiaires effectifs. Sector/service Joins: Corporate 
• Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017, September 2017
  18/09/2017
  Read more about Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017, September 2017
  On 13 September 2017, the Minister for Infrastructure and Transport, introduced the Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017 (Bill) into Parliament to amend to the Coastal Trading Act 2012 (Cth) (Act). The stated purpose is to adjust the existing regime rather than a full scale restructure and follows initial consultation with the industry, in light of complaints about the onerous and cumbersome licensing procedures currently in place under the Act. Sector/service Joins: Shipping 
• Countdown to VAT in the UAE, September 2017
  14/09/2017
  Read more about Countdown to VAT in the UAE, September 2017
  By now, most people and businesses in the UAE should be aware that Value Added Tax (VAT) will be applicable in the UAE from 1 January 2018 at a standard rate of 5%. Sector/service Joins: Middle East 
• Lemos: preserving a bankrupt’s privilege, September 2017
  11/09/2017
  Read more about Lemos: preserving a bankrupt’s privilege, September 2017
  The High Court has considered a recent Court of Appeal ruling on whether trustees in bankruptcy should be able to deploy privileged documents in the discharge of their duties. Sector/service Joins: Fraud and Insolvency  RESTRUCTURING HUB 
• Avoiding the GDPR iceberg – data protection in the shipping industry, September 2017
  11/09/2017
  Read more about Avoiding the GDPR iceberg – data protection in the shipping industry, September 2017
  Businesses now have less than nine months to prepare for the EU General Data Protection Regulation (GDPR), which overhauls a data protection regime dating from 1995. The GDPR becomes effective across the European Economic Area (EEA), including in the UK, from 25 May 2018. It will also apply to a large number of businesses established outside of the EEA. Sector/service Joins: Shipping  EU, Competition and Trade Regulatory 
• 2007 Nairobi International Convention on the Removal of Wrecks comes into force in Singapore, September 2017
  08/09/2017
  Read more about 2007 Nairobi International Convention on the Removal of Wrecks comes into force in Singapore, September 2017
  On 8 September 2017, the Nairobi International Convention on the Removal of Wrecks (Nairobi Convention) will come into force in Singapore. As of 6 September 2017, 37 states had contracted to the Nairobi Convention. Sector/service Joins: Shipping  Singapore 
• Agravation of pre-existing injury cases may now be more difficult to defend: Koch v United States - the Fifth Circuit adopts broad interpretation of “eggshell skull” doctrine, September 2017
  06/09/2017
  Read more about Agravation of pre-existing injury cases may now be more difficult to defend: Koch v United States - the Fifth Circuit adopts broad interpretation of “eggshell skull” doctrine, September 2017
  Many maritime personal injury claims are filed alleging that the incident on the employer’s vessel aggravated a pre-existing disease or physical defect to the extent that the worker is now disabled. The employer generally claims it is not responsible for that portion of the physical condition that pre-existed the incident on board ship. This common battle is fought by maritime employers in litigation on a daily basis. A recent decision from the Court of Appeals for the 5th Federal Circuit has made this strategy more difficult for employers to implement. Sector/service Joins: Shipping  Dispute Resolution 
• BREXIT: easier, cheaper and more efficient cross-border litigation, August 2017
  23/08/2017
  Read more about BREXIT: easier, cheaper and more efficient cross-border litigation, August 2017
  The UK Government's most recent position paper shows a clear desire to continue civil judicial co-operation with EU member states post-Brexit. The Government's drive to maximise security and continuity despite uncertain times ahead is therefore positive news for businesses, but will ultimately depend on the UK's negotiating foothold in continuing Brexit negotiations. Sector/service Joins: Dispute Resolution  EU, Competition and Trade Regulatory 
• Thailand ratifies Montreal Convention 1999, August 2017
  21/08/2017
  Read more about Thailand ratifies Montreal Convention 1999, August 2017
  Thailand has deposited its instrument of accession to the Convention for the Unification of Certain Rules for International Carriage by Air Montreal, May 28 1999 (MC99) with the International Civil Aviation Organisation (ICAO). MC99 is expected to come into force in Thailand on 2 October 2017. Sector/service Joins: Aerospace  Singapore  Asia Pacific 
• American seaman: Ward of the Admiralty Court, but sometimes subject to arbitration, August 2017
  17/08/2017
  Read more about American seaman: Ward of the Admiralty Court, but sometimes subject to arbitration, August 2017
  In Dahir v Royal Caribbean Cruises Ltd.¹ a federal district court in the Southern District of Texas recently granted a motion to compel arbitration against an American Jones Act seaman. It found that because the seaman’s employment agreement envisaged performance abroad — meaning in international waters between ports at foreign states — arbitration was mandatory. Sector/service Joins: Travel, Cruise & Leisure  Shipping  Dispute Resolution  Houston 
• Sanctions update: Increased sanctions on Russia, Iran and North Korea, August 2017
  14/08/2017
  Read more about Sanctions update: Increased sanctions on Russia, Iran and North Korea, August 2017
  On Wednesday 2 August 2017 President Trump signed into law the “Countering America’s Adversaries Through Sanctions Act”¹ (the Act) which tighten US sanctions against Russia, Iran and North Korea. The United Nations Security Council partially followed suit on Saturday 5 August 2017 by voting to strengthen sanctions on North Korea for its long range ballistic missile testing. Sector/service Joins: USA & Canada  International Trade Regulation  EU, Competition and Trade Regulatory 
• Hong Kong Apology Ordinance reinforces the SAR’s status as a dispute resolution hub, August 2017
  11/08/2017
  Read more about Hong Kong Apology Ordinance reinforces the SAR’s status as a dispute resolution hub, August 2017
  Hong Kong is the first jurisdiction in Asia to enact apology legislation, following the 21 July 2017 publishing of the Apology Ordinance in the HKSAR Gazette. This reinforces Hong Kong’s status as an attractive hub for dispute resolution. Sector/service Joins: Aerospace  Dispute Resolution  Hong Kong 
• Texas Federal Court Dismisses 30 Month Late Hail Damage Claim, August 2017
  07/08/2017
  Read more about Texas Federal Court Dismisses 30 Month Late Hail Damage Claim, August 2017
  In Certain Underwriters at Lloyd’s of London v Lowen Valley View LLC¹, the Insured attempted to bring counterclaims against Underwriters for breach of contract and Texas Insurance Code violations. The Honorable Jane Boyle, US District Judge for the Northern District of Texas, granted summary judgment in favor of Underwriters on all claims and dismissed them with prejudice. Judge Boyle’s decision was based, in part, on the Hamilton Opinion in which the Fifth Circuit affirmed Judge Boyle’s grant of summary judgment in favor of an insurer on the insured’s breach of contract and extra-contractual claims.² Sector/service Joins: Insurance & Reinsurance  Houston  USA & Canada  LITIGATION HUB 
• U.S. Fifth Circuit Holds that Insurer was Prejudiced by Unreasonably Late Notice, May 2016
  07/08/2017
  Read more about U.S. Fifth Circuit Holds that Insurer was Prejudiced by Unreasonably Late Notice, May 2016
  In Hamilton Properties v. American Insurance Company, No. 15-10382¹, the Fifth Circuit affirmed the holding of the district court granting summary judgment to the insurer on the insured’s breach of contract and extra-contractual claims. Sector/service Joins: Insurance & Reinsurance  Houston  USA & Canada 
• A Supreme judgment that’s fit for purpose, August 2017
  04/08/2017
  Read more about A Supreme judgment that’s fit for purpose, August 2017
  The Supreme Court handed down its unanimous judgment in MT Højgaard A/S v E.ON¹ on the 3 August. The case concerns liability for €26.5 million of works to rectify defects in foundations at E.ON’s Robin Rigg wind farm in the Solway Firth, which were designed and built by MT Højgaard A/S (MTH). Sector/service Joins: Energy  Construction 
• Countering America's Adversaries Through Sanctions Act, August 2017
  31/07/2017
  Read more about Countering America's Adversaries Through Sanctions Act, August 2017
  On Thursday 27 July, the US Senate passed the Countering America's Adversaries Through Sanctions Act, H.R. 3364 almost unanimously (98 to 2). If formally signed into law by the President, the Bill will tighten sanctions against Russia, Iran and North Korea. President Trump has indicated that he will sign the Bill, but only after negotiating critical elements of it with US Congress. The Bill looks likely to become US law, given its majority support from Congress. Sector/service Joins: USA & Canada 
• Deepwater well intervention – regulatory and risk allocation issues, July 2017
  24/07/2017
  Read more about Deepwater well intervention – regulatory and risk allocation issues, July 2017
  HFW USA Partner Glenn Legge addresses regulatory and risk allocation issues impacting deepwater well intervention at the Deepwater Intervention Forum on 8-10 August 2017 in Galveston, Texas. Sector/service Joins: Energy  Oil and Gas  Houston 
• Maritime Autonomous Surface ships - the rise of the machine, July 2017
  20/07/2017
  Read more about Maritime Autonomous Surface ships - the rise of the machine, July 2017
  In our April 2017 briefing, we discussed the rise of autonomous technology at sea; one month later we saw Yara and Kongsberg announce their partnership to build world’s first autonomous and zero emissions ship. The operation of the vessel YARA BIRKELAND¹ is planned to start in the latter half of 2018. Sector/service Joins: Shipping 
• Direct actions against insurers - floodgates now open? July 2017
  14/07/2017
  Read more about Direct actions against insurers - floodgates now open? July 2017
  In a decision with significant implications for P&I Clubs and other insurers, the European Court of Justice has set aside a jurisdiction agreement in an insurance policy and allowed a claimant to bring its action directly against the insurer. Sector/service Joins: Shipping  Insurance & Reinsurance 
• Hong Kong case law update: Hong Kong Court examines the scope of its jurisdiction to wind-up foreign companies, July 2017
  14/07/2017
  Read more about Hong Kong case law update: Hong Kong Court examines the scope of its jurisdiction to wind-up foreign companies, July 2017
  The Hong Kong Court of First Instance (CFI) has issued a judgment¹ examining the instances in which the Hong Kong courts will exercise their jurisdiction to wind-up a foreign company. Sector/service Joins: Hong Kong  Shipping 
• The Repeal Bill and Beyond, July 2017
  14/07/2017
  Read more about The Repeal Bill and Beyond, July 2017
  Following the House of Commons vote on 29 June, we now know the government's focus in terms of legislation to be prioritised in light of Brexit. Sector/service Joins: EU, Competition and Trade Regulatory 
• New Bimco Cyber Security Guidelines, July 2017
  06/07/2017
  Read more about New Bimco Cyber Security Guidelines, July 2017
  Cyber security has been a recurring theme in maritime publications and industry conferences over recent years. At one end of the spectrum are those who have dismissed it as the latest "millennium bug" whilst commentators at the other extreme raise the possibilities of malicious actors taking over vessel operations. Whatever your views on cyber security, the recent ransomware attack shows that the shipping industry is not immune and that issues of cyber security need to be taken seriously. Sector/service Joins: Shipping  Insurance & Reinsurance 
• Singapore High Court has power to alter priorities between maritime claimants, July 2017
  04/07/2017
  Read more about Singapore High Court has power to alter priorities between maritime claimants, July 2017
  In a recent landmark judgment, the Singapore High Court has ruled that it has the power to alter priorities between maritime claimants in “exceptional circumstances”. Sector/service Joins: Shipping 
• Sulphur emissions in the Baltic Sea: two years on, June 2017
  30/06/2017
  Read more about Sulphur emissions in the Baltic Sea: two years on, June 2017
  As many readers will know, since 1 January 2015 vessels operating in the Baltic Sea have had to comply with sulphur oxide (SOx) emissions limits. As an Emissions Control Area (ECA) along with the North Sea, North American coastline and Caribbean, vessels operating in the Baltic Sea are obliged to burn bunkers with a maximum of 0.10% m/m SOx content under regulation 14 of the IMO’s MARPOL Annex VI. Sector/service Joins: Shipping 
• Third Party Funding Bill: legislative change bolsters Hong Kong's standing in international arbitration space, June 2017
  22/06/2017
  Read more about Third Party Funding Bill: legislative change bolsters Hong Kong's standing in international arbitration space, June 2017
  On 14 June 2017, the Hong Kong Legislative Council passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 (the 2016 Bill), which, amongst other things, puts beyond doubt that third party funding of arbitration and mediation is permissible under Hong Kong law. The 2016 Bill is expected to enter force later this year. Sector/service Joins: Hong Kong  Asia Pacific  Dispute Resolution  Finance 
• The Qatari restrictions: implications for arbitration, June 2017
  22/06/2017
  Read more about The Qatari restrictions: implications for arbitration, June 2017
  Much has been written about recent events in the Middle East and how the restrictions imposed on Qatar may impact specific industry sectors. In this briefing, we consider the effect of the current restrictions on a topic relevant to all sectors, but one that has not attracted much commentary to date – arbitration. Sector/service Joins: Dispute Resolution  Middle East  Dubai  Kuwait  Beirut  Riyadh 
• Are you entitled to payment under your contract: have you dotted your 'i's and crossed your 't's? June 2017
  21/06/2017
  Read more about Are you entitled to payment under your contract: have you dotted your 'i's and crossed your 't's? June 2017
  The general principles of contractual interpretation are easy to state, but the application of such principles appears to be deceivingly simple, given the recent string of differing English decisions that demonstrated the various judicial approaches to contractual interpretation. Sector/service Joins: Energy  Oil and Gas  Shipping 
• The Qatari restrictions: implications for the commodities sector, June 2017
  15/06/2017
  Read more about The Qatari restrictions: implications for the commodities sector, June 2017
  As is well known, between 5 and 6 June 2017, eight countries severed diplomatic ties with the State of Qatar. Sector/service Joins: Commodities  Middle East 
• The Qatari restrictions: implications for the construction sector, June 2017
  14/06/2017
  Read more about The Qatari restrictions: implications for the construction sector, June 2017
  Recent events in the region raise certain considerations for employers, contractors and consultants involved in construction projects in Qatar. We take a brief look at some of the issues likely to affect construction in Qatar in the near future. Sector/service Joins: Construction  Middle East 
• Brexit negotiations begin now: business must prepare, 9 June 2017
  09/06/2017
  Read more about Brexit negotiations begin now: business must prepare, 9 June 2017
  The votes have been counted and the Conservatives, who failed to maintain a majority, remain the largest party. Theresa May has confirmed that she will continue as Prime Minister and has this afternoon been invited by the Queen to form a government, working with Northern Ireland’s Democratic Unionist Party. Sector/service Joins: EU, Competition and Trade Regulatory 
• Le restrizioni imposte sul Qatar e le implicazioni nel settore marittimo, Giugno 2017
  08/06/2017
  Read more about Le restrizioni imposte sul Qatar e le implicazioni nel settore marittimo, Giugno 2017
  Lo scorso 5 giugno, l’Arabia Saudita, gli Emirati Arabi Uniti, il Bahrein e l’Egitto hanno interrotto i rapporti diplomatici con lo Stato del Qatar. Secondo quanto riportato, ai paesi uniti contro il Qatar si sono aggiunti anche lo Yemen, il governo delle regioni orientali della Libia e le Maldive. Sector/service Joins: Shipping  Middle East 
• The Qatari restrictions: implications for the shipping sector, June 2017
  06/06/2017
  Read more about The Qatari restrictions: implications for the shipping sector, June 2017
  On 5 June 2017, Saudi Arabia, the UAE, Bahrain and Egypt severed diplomatic ties with the State of Qatar. Reports indicate that the move against Qatar is also supported by Yemen, a secondary government in Libya and the Maldives. Sector/service Joins: Shipping  Logistics  Middle East 
• The Iran deal: challenges ahead, June 2017
  05/06/2017
  Read more about The Iran deal: challenges ahead, June 2017
  On the campaign trail it was described as “the dumbest deal ever” and that “horrible, disgusting, absolutely incompetent deal with Iran” by President Trump. Even though this rhetoric has been toned down slightly since Trump took office, there are concerns that the Iran nuclear deal in its current form now hangs in the balance. So what are the potential threats to the survival of the deal: can businesses confidently do business in Iran and what should they be doing to protect their interests? Sector/service Joins: Middle East  USA & Canada 
• Putting privilege behind bars: legal privilege in criminal investigations, June 2017
  31/05/2017
  Read more about Putting privilege behind bars: legal privilege in criminal investigations, June 2017
  The High Court narrows the application of legal professional privilege, rejecting the argument that internal investigation documents are privileged against regulators, such as the Serious Fraud Office (SFO). Sector/service Joins: Commercial  Dispute Resolution 
• US House of Representatives passes bill to impose new sanctions on North Korea, May 2017
  30/05/2017
  Read more about US House of Representatives passes bill to impose new sanctions on North Korea, May 2017
  On Thursday 4 May 2017 the House of Representatives of the United States voted overwhelmingly in favour of a bill that would extend the scope of the US sanctions programme against North Korea. The proposed new sanctions target the shipping, aviation, insurance and financial service industries in particular. The bill will become law if also passed by the United States’ Congress and approved by President Trump. Sector/service Joins: USA & Canada  Asia Pacific  International Trade Regulation 
• Brazilian Supreme Court ruling on the application of international conventions on carriage by air, May 2017
  26/05/2017
  Read more about Brazilian Supreme Court ruling on the application of international conventions on carriage by air, May 2017
  On the 25 May in Brasília, the Brazilian Supreme Court (STF) decided two cases which raised the question of whether a consumer dispute involving international carriage by air should be resolved by reference to the relevant international conventions to which Brazil is party to (for example, the Warsaw Convention 1929 and the Montreal Convention 1999) or whether any such disputes have to be resolved solely by reference to the Brazilian Consumer Defence Code (CDC). Sector/service Joins: Aerospace  Brazil  Latin America 
• Set-off under the UAE Insolvency Law, May 2017
  24/05/2017
  Read more about Set-off under the UAE Insolvency Law, May 2017
  The new United Arab Emirates (UAE) Insolvency Law (Federal Law No.9 of 2016) (Insolvency Law) was published in the UAE Gazette on 29 September 2016 and came in to force three months later on 29 December 2016. The Insolvency Law is a federal law that applies to all seven emirates comprising the UAE. The initial view from market participants is that by replacing the old insolvency law, which placed a greater emphasis on creditor protections and formal bankruptcy proceedings alongside criminal penalties, the Insolvency Law is an overdue but welcome development. Sector/service Joins: Finance  Middle East  Dubai  RESTRUCTURING HUB 
• First oil and gas licensing round: the future of oil and gas in Lebanon, May 2017
  17/05/2017
  Read more about First oil and gas licensing round: the future of oil and gas in Lebanon, May 2017
  With more than 100 trillion cubic feet of recoverable natural gas in the East Mediterranean Sea, the Levant Basin is a new attractive area for the oil and gas industry. In particular in Lebanon, the Government is actively committed to developing the oil and gas sector and has gained some momentum in its work to exploit the reserves. In 2012, the Lebanese Petroleum Administration (LPA) was established as a regulatory body in charge of managing the petroleum sector and putting in place the petroleum activities regulations required to launch the first Lebanese offshore licensing round. Sector/service Joins: Energy  Oil and Gas 
• Cyber security – the increasing threat to your business, May 2017
  15/05/2017
  Read more about Cyber security – the increasing threat to your business, May 2017
  At the last count, it was estimated that Friday’s cyber attack impacted upon 200,000 victims in at least 150 countries. The attack used “WannaCry” malware to disable computer systems and present users with a ransom demand. The systems which suffered the attacks are said to have been vulnerable as they were operating outdated legacy software and because security upgrades had not been properly installed. At the time of writing this article, there is concern that the actual scale of this attack may not yet be known. Sector/service Joins: Shipping 
• The OCEAN VICTORY – l'ultima parola dei giudici in merito alla sicurezza del porto di Kashima, Maggio 2017
  15/05/2017
  Read more about The OCEAN VICTORY – l'ultima parola dei giudici in merito alla sicurezza del porto di Kashima, Maggio 2017
  Più di dieci anni dopo l'affondamento e la conseguente perdita totale della OCEAN VICTORY nel porto giapponese di Kashima, l'ultima parola sulla sicurezza del porto ai sensi del charterparty è stata data dalla Suprema Corte lo scorso 10 maggio. Ribadendo la decisione della Corte d'Appello, la Suprema Corte ha ritenuto all’unanimità che il porto di Kashima non fosse "unsafe" e che non vi fosse alcuna violazione della garanzia di porto sicuro (“safe port warranty”) da parte dei noleggiatori. La corte ha analizzato anche come le disposizioni sulla copertura assicurativa contenute nel contratto di noleggio a scafo nudo incidano sui diritti delle parti, nonché la possibilità, in capo al noleggiatore a tempo, di limitare la sua responsabilità. Sector/service Joins: Shipping 
• Recovering exchange rate losses in a post-Brexit economy, May 2017
  15/05/2017
  Read more about Recovering exchange rate losses in a post-Brexit economy, May 2017
  Many of our clients are working hard to manage the impact of fluctuating currency rates on their business. This has become a particular challenge in the wake of the UK’s decision to leave the EU in June 2016. Two recent, and apparently conflicting, decisions in the English High Court mean that the position remains unclear whether it is possible for non-UK litigants to recover currency exchange losses on legal fees paid in pounds sterling. However, some lessons can be drawn from the judgments and until a higher court resolves the conflict, our view is that it is still worth claiming for currency exchange losses. Sector/service Joins: Dispute Resolution  EU, Competition and Trade Regulatory  Eastern Europe & Russia 
• The OCEAN VICTORY – the final word on the safety of Kashima Port, May 2017
  11/05/2017
  Read more about The OCEAN VICTORY – the final word on the safety of Kashima Port, May 2017
  More than 10 years after the grounding and subsequent total loss of the OCEAN VICTORY at Kashima port Japan, the final word on the safety of the port was given by the Supreme Court on 10 May 2017. Affirming the Court of Appeal decision¹, the Supreme Court unanimously found that Kashima Port was not unsafe and that there was no breach of the safe port warranty by the charterers. The court went on to consider the insurance provisions in the demise charter and how they affect the rights of parties and issues relating to the limitation of liability. Sector/service Joins: Insurance & Reinsurance  Shipping 
• More of the same but better: the new LMAA Terms 2017, April 2017
  28/04/2017
  Read more about More of the same but better: the new LMAA Terms 2017, April 2017
  The LMAA Terms 2017 (the 2017 Terms) come into force on 1 May 2017. The LMAA committee have taken a light touch approach to adapting the 2012 Terms and the changes highlight the LMAA's continuing efforts to target efficiency and cost-effectiveness, while keeping the key features which have maintained the popularity of LMAA arbitration in the maritime industry. Sector/service Joins: Shipping  Dispute Resolution 
• The 457 visa: being removed, reinvented or reborn? May 2017
  26/04/2017
  Read more about The 457 visa: being removed, reinvented or reborn? May 2017
  On 18 April 2017, the Turnbull government announced that the 457 visa will be removed and replaced by a new scheme for skilled migrants. The changes are intended to “better meet Australia’s skills needs” and provide safeguards that prioritise Australian workers. The changes envisage a phasing out of the 457 visa by March 2018 and its replacement with the Temporary Skills Shortage (TSS) visa. Sector/service Joins: Shipping  Employment  Australia  Asia Pacific 
• Autonomy at sea – the future? April 2017
  25/04/2017
  Read more about Autonomy at sea – the future? April 2017
  Maritime Autonomous Systems (MAS) technology in the marine and oil and gas sector has advanced rapidly in the last 20 years. Indeed a report prepared by the energy consultants, Douglas-Westwood¹, suggests the demand for autonomous underwater vehicles (AUVs) is expected to grow by 49% in the next four years. The military sector will remain the greatest user of AUVs (73% of total demand), however, the commercial sector, including oil and gas, is expected to see the greatest growth in usage. Sector/service Joins: Shipping 
• Corporate governance under the spotlight, April 2017
  24/04/2017
  Read more about Corporate governance under the spotlight, April 2017
  Recent scandals affecting businesses in the UK have put the spotlight on corporate governance and Theresa May has made it clear she intends to crackdown on unacceptable boardroom behaviour. A recent report published by the Business, Energy and Industrial Strategy Committee¹ suggests that the current law does not require revision but a number of measures are being recommended including a voluntary code of corporate governance for large private companies, which have hitherto not been subject to the UK Corporate Governance Code that applies to listed companies. Sector/service Joins: Corporate  Eastern Europe & Russia  London 
• Devoir de vigilance des groupes de sociétés, Avril 2017
  24/04/2017
  Read more about Devoir de vigilance des groupes de sociétés, Avril 2017
  La loi n° 2017-399 du 27 mars 2017 a inséré plusieurs dispositions nouvelles dans le Code de commerce, imposant un devoir de vigilance aux sociétés mères ainsi qu’aux entreprises donneuses d’ordre. Sector/service Joins: Corporate 
• Fifth Circuit scrutinizes seaman exemption to FLSA overtime requirements, April 2017
  21/04/2017
  Read more about Fifth Circuit scrutinizes seaman exemption to FLSA overtime requirements, April 2017
  US Fifth Circuit reverses summary judgment in favor of employer in overtime wage case involving a vessel-based offshore worker under the Fair Labor Standards Act—Marine employers should rely on the definitions of “seaman” developed under FLSA cases and related Department of Labor Regulations instead of definitions developed in Jones act personal injury litigation. Sector/service Joins: Shipping  USA & Canada  Energy  Houston 
• English court reviews the “fraud unravels all” principle in enforcement of CIETAC arbitration award, April 2017
  21/04/2017
  Read more about English court reviews the “fraud unravels all” principle in enforcement of CIETAC arbitration award, April 2017
  In Sinocore International Co. Ltd. v RBRG Trading (UK) Limited¹, HFW, acting for Sinocore International Co. Ltd (the Seller), successfully argued that a foreign arbitral award should be enforceable in England notwithstanding the allegations made by RBRG Trading (UK) Limited (the Buyer) that the relevant transaction had been ‘tainted’ by fraud and was therefore unenforceable on the grounds of public policy. Sector/service Joins: Dispute Resolution  Commodities  Asia Pacific 
• COURTING CONSTRUCTION: THE NEW TECHNOLOGY & CONSTRUCTION DIVISION OF THE DIFC COURTS, APRIL 2017
  20/04/2017
  Read more about COURTING CONSTRUCTION: THE NEW TECHNOLOGY & CONSTRUCTION DIVISION OF THE DIFC COURTS, APRIL 2017
  The DIFC Courts are proposing to increase and improve their existing offering by establishing a new, specialist Technology & Construction Division (TCD). Sector/service Joins: Construction  Dispute Resolution  Middle East  Dubai 
• USAA Texas Lloyds Company v. Gail Menchaca - Clarifying the relationship between an insured’s contract and statutory bad faith claims. Or does it? April 2017
  19/04/2017
  Read more about USAA Texas Lloyds Company v. Gail Menchaca - Clarifying the relationship between an insured’s contract and statutory bad faith claims. Or does it? April 2017
  On April 7 2017, the Texas Supreme Court issued its opinion in USAA Texas Lloyds Co. v Menchaca in an attempt to fulfill its “duty to settle the conflicts” created by confusion surrounding its prior decisions involving an insured’s various claims against its insurance company. The issue before the Court was whether an insured can recover policy benefits based on a jury finding that the insurer violated the Texas Insurance Code when the violation resulted in a loss of benefits that the insurer should have paid, even though the jury found that the insurer did not fail to comply with the policy. Sector/service Joins: Insurance & Reinsurance  Houston 
• Article 257 of the UAE Penal Code:
  a law of unintended consequences for arbitration, April 2017
  05/04/2017
  Read more about Article 257 of the UAE Penal Code:
  a law of unintended consequences for arbitration, April 2017
  Since their appearance last year, the amendments to Article 257 of the UAE Penal Code have caused alarm amongst arbitration professionals working in the UAE.
  We take a fresh look at the potential implications of Article 257; what it means for parties, arbitrators and experts; and how they may be able to protect themselves against liability. Sector/service Joins: Dispute Resolution  Middle East  Dubai 
• Regulation (EC) 261/2004 litigation: claim agencies in the crosshairs of the European Commission, April 2017
  03/04/2017
  Read more about Regulation (EC) 261/2004 litigation: claim agencies in the crosshairs of the European Commission, April 2017
  As massive litigation has stemmed from the Regulation (EC) 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, claim agencies have decided to step into what they consider a new, and lucrative, market to offer management services of claims for compensation. Sector/service Joins: Aerospace  EU, Competition and Trade Regulatory 
• Troubled waters: EMAS and Ezra Holdings Chapter 11 Bankruptcy – dealing with the fallout, March 2017
  28/03/2017
  Read more about Troubled waters: EMAS and Ezra Holdings Chapter 11 Bankruptcy – dealing with the fallout, March 2017
  The latest victims of the prolonged downturn in the offshore, marine and oil and gas sectors, Singapore-based Ezra Holdings and EMAS, have sought Chapter 11 protection with the US bankruptcy courts. Whilst it is as yet unclear whether these companies will “go under”, this briefing sets out the latest events and key issues affecting operators who may find themselves dealing with counterparties in similar insolvency proceedings and financial difficulties. Sector/service Joins: Shipping  Oil and Gas  Energy  Singapore  Asia Pacific  RESTRUCTURING HUB 
• DIAC to change its default seat of arbitration, March 2017
  28/03/2017
  Read more about DIAC to change its default seat of arbitration, March 2017
  The Dubai International Arbitration Centre (DIAC) is proposing to change the default of seat of arbitrations conducted under its rules of arbitration to the Dubai International Financial Centre (DIFC). The move is intended to take advantage of the pro-arbitration approach adopted by the DIFC courts and the DIFC’s international-standard arbitration law. It is a further step by DIAC to position itself as the arbitral institution of choice in the region and cement Dubai’s reputation as a Middle East arbitration hub. Sector/service Joins: Dispute Resolution  Dubai  Middle East 
• Indonesia ratifies Montréal Convention 1999, March 2017
  27/03/2017
  Read more about Indonesia ratifies Montréal Convention 1999, March 2017
  On 20 March 2017, Indonesia deposited its instrument of accession to the Convention for the Unification of Certain Rules for International Carriage by Air, Montréal, 28 May 1999 (MC99) with the International Civil Aviation Organisation (ICAO) in Montréal (please click here to see tweet from the Indonesia Embassy in Ottawa). MC99 is expected to come into force formally in Indonesia on 19 May 2017. This development has come off the back of significant lobbying of the Indonesia State by the International Air Transport Association (IATA) who continue to push for global ratification and adoption of MC99. Sector/service Joins: Aerospace  Asia Pacific 
• Reforming Australia's Coastal Shipping Regime, March 2017
  21/03/2017
  Read more about Reforming Australia's Coastal Shipping Regime, March 2017
  The Australian Government has today released the Coastal Shipping Reforms Discussion Paper. The Minister's accompanying message is that the Australian Government is committed to coastal shipping reform and recognises that the current regulatory regime does not support the full potential coastal shipping has for Australia's economy. Sector/service Joins: Shipping  Australia 
• The 2013 Nordic Marine Insurance Plan four years on: A comparison with ITC, DTV/ADS, March 2017
  17/03/2017
  Read more about The 2013 Nordic Marine Insurance Plan four years on: A comparison with ITC, DTV/ADS, March 2017
  In 2013, The Nordic Marine Insurance Plan (NMIP) was published, replacing the Norwegian Marine Insurance Plan of 1996. It dates back to 1871 and it has over the years been frequently updated and adapted, notably in 1964 and 1996. A permanent Standing Revision Committee, which since 1964 has been chaired by a professor in marine insurance law at the Nordic Institute of Maritime Law in Oslo, is responsible for proposing changes to the NMIP. The current version of the NMIP 2013 is from 2016 and a new version will be adopted in 2019. Sector/service Joins: Shipping  Insurance & Reinsurance 
• Can root cause analysis reports and witness statements be protected from discovery? March 2017
  14/03/2017
  Read more about Can root cause analysis reports and witness statements be protected from discovery? March 2017
  In our experience, more and more safety conscious businesses have established written policies and procedures that require an investigation and analysis of the root causes of an incident involving personal injury or property damage. Incidents occurring in connection with business operations, that are not caused by uncontrollable factors such as tropical storms, are generally considered to be the consequence of human errors. In addition to work stoppages or delays and the associated economic losses, damage to safety records, and potential loss of prospective business opportunities, on-the-job incidents often lead to permanent life-changing disabling injuries or loss of life for which the company could face civil liability. Sector/service Joins: Insurance & Reinsurance  Employment  Houston 
• Shell, BHP Billiton, SCOR Insurance and Holman Fenwick Willan address the status of financial assurance requirements for decommissioning in the GOM – onward through the fog, March 2017
  08/03/2017
  Read more about Shell, BHP Billiton, SCOR Insurance and Holman Fenwick Willan address the status of financial assurance requirements for decommissioning in the GOM – onward through the fog, March 2017
  BOEM's recent attempt to increase the financial assurance obligations for decommissioning created substantial burdens for operators struggling in a challenging commodity market. NTL No. 2016-N01 has had many financial impacts, including: Sector/service Joins: Energy  Oil and Gas 
• Indonesia what's new - regulatory developments in mining, March 2017
  02/03/2017
  Read more about Indonesia what's new - regulatory developments in mining, March 2017
  The Indonesian government has promulgated the following new mining regulations: Sector/service Joins: Asia Pacific  Mining  Energy  EU, Competition and Trade Regulatory 
• HFW successfully upholds in Court of Appeal important first instance judgment of Males J on inducement, March 2017
  02/03/2017
  Read more about HFW successfully upholds in Court of Appeal important first instance judgment of Males J on inducement, March 2017
  AXA Versicherung AG (successor to Albingia) v Arab Insurance Group (B.S.C.) Sector/service Joins: Insurance & Reinsurance  Dispute Resolution  Construction  Energy 
• Indonesia – what’s new? Moving cost recovery to gross split system in the upstream oil and gas sector, March 2017
  01/03/2017
  Read more about Indonesia – what’s new? Moving cost recovery to gross split system in the upstream oil and gas sector, March 2017
  The Indonesian government (State) introduced the new gross split system in production sharing contracts (PSC). The new system stipulates the production sharing split between the State and the contractors up front on approximately a 50:50 basis. This percentage split will be subject to further uplift as generally set out in this briefing. For further clarification, please contact Brian Gordon or Eviaty Jenie. Sector/service Joins: Oil and Gas  Asia Pacific  Energy  Singapore 
• Article 1161 du nouveau code civil : de nouvelles contraintes à prendre en compte pour la gestion des groupes de sociétés, Mars 2017
  01/03/2017
  Read more about Article 1161 du nouveau code civil : de nouvelles contraintes à prendre en compte pour la gestion des groupes de sociétés, Mars 2017
  L’ordonnance n°2016-131 du 10 février 2016 entrée en vigueur le 1^er octobre 2016 a introduit de nouvelles dispositions en matière de représentation. L’article 1161 du Code civil énonce ainsi que “un représentant ne peut agir pour le compte de deux parties au contrat ni contracter pour son propre compte avec le représenté. En ces cas, l’acte accompli est nul à moins que la loi ne l’autorise ou que le représenté ne l’ait autorisé ou ratifié.” Sector/service Joins: Corporate 
• Brexit considerations for aviation: Are the skies becoming any clearer? February 2017
  27/02/2017
  Read more about Brexit considerations for aviation: Are the skies becoming any clearer? February 2017
  A great deal was written in the immediate aftermath of last June’s referendum result as to the potential impact of Brexit on aerospace interests in the UK and how the future regulatory landscape might look. Sector/service Joins: Aerospace 
• Company reporting requirements, February 2017
  21/02/2017
  Read more about Company reporting requirements, February 2017
  An overview of the duty to report on payment practices and performance Sector/service Joins: Corporate  Commercial 
• New UAE Federal Law on pledges of property and moveables, February 2017
  21/02/2017
  Read more about New UAE Federal Law on pledges of property and moveables, February 2017
  In December 2016, Federal Law No. 20 of 2016 on the pledge of moveables as security for debts was issued and is stated to come into force 90 days from the date of publication. This is expected to fall on or around 12 March 2017 (the New Pledge Law). Sector/service Joins: Commodities  Finance 
• Investment Funds Update, February 2017
  20/02/2017
  Read more about Investment Funds Update, February 2017
  In the wake of the Brexit referendum, Theresa May and others in the UK business community adopted the slogan “open for business”. Proposed changes to UK partnership law, amongst other initiatives, suggest that the UK government is putting its money where its mouth is. Sector/service Joins: Corporate 
• NOTAM: Hong Kong aviation legal developments in focus, January 2017
  09/02/2017
  Read more about NOTAM: Hong Kong aviation legal developments in focus, January 2017
  Kung Hei Fat Choy and Gong Xi Fa Cai! Sector/service Joins: Aerospace  Asia Pacific  Hong Kong 
• UK Government moves to tackle sanctions breaches, February 2017
  07/02/2017
  Read more about UK Government moves to tackle sanctions breaches, February 2017
  From April 2017, the UK Office of Financial Sanctions Implementation (OFSI) will be able to impose civil monetary penalties for breaches of trade sanctions, in a move which appears likely to result in increased enforcement in the UK against sanctions breaches. Sector/service Joins: Financial Services Regulation  Financial Institutions  Commercial 
• Between the devil and the deep blue sea: stacking now and the unknown future, February 2017
  07/02/2017
  Read more about Between the devil and the deep blue sea: stacking now and the unknown future, February 2017
  Offshore in focus: our Singapore and Houston team bring you the first in a series oil and gas articles, focussing on offshore vessels and rigs. Sector/service Joins: Oil and Gas  USA & Canada  Singapore  Energy 
• Judicial Public Interest Agreement (Convention judiciaire d’intérêt public – CJIP) and Liability Insurance: the impact of the Sapin II Law on D&O insurers and policyholders, February 2017
  03/02/2017
  Read more about Judicial Public Interest Agreement (Convention judiciaire d’intérêt public – CJIP) and Liability Insurance: the impact of the Sapin II Law on D&O insurers and policyholders, February 2017
  The French legislator acted on stem criticism of its failure to fight against corruption by adopting the Sapin II Law, enacted on 9 December 2016. This sets out an innovative criminal sanction, the ‘compliance programme’, and introduces the Judicial Public Interest Agreement (CJIP) into France’s punitive system. Sector/service Joins: Insurance & Reinsurance 
• Convention Judiciaire d’Intérêt Public (CJIP) et assurances de responsabilité : De l’impact de la loi Sapin II pour les assureurs D&O / RC et leurs assurés, Février 2017
  03/02/2017
  Read more about Convention Judiciaire d’Intérêt Public (CJIP) et assurances de responsabilité : De l’impact de la loi Sapin II pour les assureurs D&O / RC et leurs assurés, Février 2017
  Accusé jusqu’à alors d’inertie en matière de lutte contre la corruption, le législateur français a réagi en adoptant la loi Sapin II, promulguée le 9 décembre 2016, qui prévoit une sanction pénale innovante, la “peine de programme de mise en conformité”, et introduit dans le dispositif répressif français la “Convention Judiciaire d’Intérêt Public” (CJIP). Sector/service Joins: Insurance & Reinsurance 
• Executive order of January 27 2017 and its effect upon crewing of vessels calling in the US, February 2017
  01/02/2017
  Read more about Executive order of January 27 2017 and its effect upon crewing of vessels calling in the US, February 2017
  Amid protests across multiple US airports, the firing of the acting US Attorney General Yates, President Trump’s recent executive order banning entry into the US from seven Middle Eastern countries has been controversial to say the least. For the maritime industry, President Trump’s executive order creates uncertainty and raises practical concerns about crewing vessels calling in the US. Sector/service Joins: Shipping  Ports & Terminals  Houston  USA & Canada 
• Right to disconnect: what impact on companies? January 2017
  26/01/2017
  Read more about Right to disconnect: what impact on companies? January 2017
  On 1 January 2017, the employment law dated 8 August 2016¹ related “to work, to the modernisation of the labour relations and the securing of professional life” entered into force. This new regulation requires companies employing more than 50 employees to start negotiations with the employees’ representative bodies in order to define the rights of employees to disconnect, to ‘forget’ about their smart phones and other equivalent devices out of working hours. What are the concrete consequences for employers? Sector/service Joins: Corporate  Employment  Paris 
• Enforcement against foreign states – new rules on immunity following the Loi Sapin 2, January 2017
  26/01/2017
  Read more about Enforcement against foreign states – new rules on immunity following the Loi Sapin 2, January 2017
  The Loi Sapin 2 has amended the rules on the immunity of foreign States by creating new conditions for the obtaining of preliminary measures and the recovery of debts. Sector/service Joins: Paris  Energy  Africa  Construction 
• Les nouvelles règles en matière d'immunité d'exécution des Etats étrangers suite à la Loi Sapin 2, Janvier 2017
  25/01/2017
  Read more about Les nouvelles règles en matière d'immunité d'exécution des Etats étrangers suite à la Loi Sapin 2, Janvier 2017
  La Loi Sapin 2 est venue modifier les règles relatives à l’immunité d’exécution des Etats étrangers devant les juridictions françaises en créant de nouvelles conditions liées à l’obtention de mesures conservatoires et d’exécution forcée à l’égard de ces Etats. Sector/service Joins: Paris  Energy  Construction  Africa 
• Parliamentary Sovereignty Supreme: UK government still on target for Article 50 Brexit trigger before the end of March
  24/01/2017
  Read more about Parliamentary Sovereignty Supreme: UK government still on target for Article 50 Brexit trigger before the end of March
  In this briefing we discuss the Supreme Court's judgment on Tuesday 24 January 2017, which upheld the High Court's ruling requiring an Act of Parliament to trigger Article 50 of the Treaty of the European Union (TEU, the Lisbon Treaty), the mechanism which starts the two year period for negotiating the UK's exit from the EU. Sector/service Joins: EU, Competition and Trade Regulatory  London 
• No grounds to review non-jurisdictional adjudicator errors, January 2017
  12/01/2017
  Read more about No grounds to review non-jurisdictional adjudicator errors, January 2017
  A full bench of the New South Wales Court of Appeal (the Court) has unanimously affirmed that an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) is not subject to judicial review on the grounds of non-jurisdictional error: Shade Systems Pty Limited v Probuild Constructions (Aust) Pty Ltd (No. 2) [2016] NSWCA 379. Sector/service Joins: Construction  Australia 
• Singapore introduces funding for arbitration cases, January 2017
  12/01/2017
  Read more about Singapore introduces funding for arbitration cases, January 2017
  Here we provide an update on a significant law passed by the Singapore parliament this week, which will dramatically alter and improve the legal/arbitration landscape in Singapore in respect of third party funding. Sector/service Joins: Dispute Resolution  Singapore  London 
• Delayed or cancelled flights in China – a new Regulation to affect all carriers, December 2016
  19/12/2016
  Read more about Delayed or cancelled flights in China – a new Regulation to affect all carriers, December 2016
  Air travel disruption in China due to flight delays or cancellations – and the need for better consumer protection – has attracted increasing attention. In 2015, the average delay time of passenger flights in China was 21 minutes, up by 2 minutes on a year-on-year basis¹. In response to this, the “Provisions on the Management of Flight Regularity” (Regulation), was issued by the Ministry of Transport of the People’s Republic of China and will come into operation on 1 January 2017. Sector/service Joins: Aerospace  Asia Pacific 
• Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV), December 2016
  14/12/2016
  Read more about Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV), December 2016
  In what has been treated as something of a test case due to the relatively small amounts at stake (around US$62,500), the Court of Appeal has now helpfully confirmed what some considered to be the commonly held view that a carrier does not need to first disprove any negligence on his part in order to rely on its defences under Article IV Rule 2 of the Hague Rules – in this particular case, the inherent vice defence. Sector/service Joins: Space 
• More about maritime claims and maritime liens in Australia, December 2016
  14/12/2016
  Read more about More about maritime claims and maritime liens in Australia, December 2016
  After the SAM HAWK decision in September 2016 restored the status quo in the recognition of foreign maritime liens in Australia (see our briefing http://www.hfw.com/Arrest-of-the-SAM-HAWK-October-2016) two Federal Court decisions in November 2016 bring the year towards a close with the Federal Court’s jurisdiction and application of the Admiralty Act being confirmed on established and predictable grounds. Sector/service Joins: Shipping  Australia 
• Amendments to the Construction Contracts Act 2004 (WA) come into effect, December 2016
  14/12/2016
  Read more about Amendments to the Construction Contracts Act 2004 (WA) come into effect, December 2016
  If you are a keen student of infrastructure and construction, this December 15 you will be celebrating the 100th anniversary of the opening of the Great Northern, Piccadilly and Brompton Railway in London. It is hard to imagine it now but at the time the line was a flop; in its first twelve months of operation it carried just half of the projected passengers. Of course, construction industry participants in Perth, Western Australia probably won’t get excited about the centenary of a failed railway tunnel on the other side of the planet this December. But they might get excited about the latest local development; the operation of the amendments to the Construction Contracts Act 2004 (WA) (Act). Sector/service Joins: Construction  Australia 
• First director disqualification for a breach of competition law obtained in the UK, December 2016
  12/12/2016
  Read more about First director disqualification for a breach of competition law obtained in the UK, December 2016
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