This Practice Note provides a snapshot on the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy. It outlines the international liability regime for nuclear damage, include who is liable, what damage is covered, limits on liability, the 1988 Joint Protocol and the future of the Paris Convention.
This Practice Note provides a snapshot on the 1963 Vienna Convention on Civil Liability for Nuclear Damage. It outlines the international liability regime for nuclear damage, including who is liable, what damage is covered, limits on liability and the 1988 Joint Protocol.
This cross border Banking & Finance guide provides a summary of the key issues for lenders providing commercial loan facilities in Australia including loan markets and recent developments, lending, security and guarantees, enforcement, intercreditor issues and governing law and disputes
The concept of collective dominance resulting from oligopolistic market conditions has been developed through case law relating to Article 102 and the EU Merger Regulation (EUMR). This Practice Note explores the concept and its application outside Article 101 TFEU. The Practice Note considers the collective dominance criteria set out in the Airtours decision and contrasts its application under Article 102 and the EUMR.
This Practice Note examines the legal and practical issues for an employer to consider in relation to hybrid working, sometimes known as agile working, blended working or split working patterns or arrangements, where staff attend the workplace for part of their working time and work from home or elsewhere remotely (remote working) for part of their working time. It sets out the background to hybrid working, the advantages and disadvantages of remote working, issues to consider and steps to take.
A conversation with Jean Meijer, partner, and Sandhya Foster, senior associate at international law firm Herbert Smith Freehills South Africa LLP, on key issues on merger control in Malawi. This is part of our collection of over 120 maintained national merger control guides.
This Practice Note sets out the key legal issues pertaining to the Office of Gas and Electricity Markets (Ofgem) and Ofgem’s regulation of the electricity and down-stream onshore gas industries in Great Britain. It also summarises Ofgem’s key powers.
This Practice Note looks at the different categories of radioactive waste and the legislation, policy and regulation of the same. It also consider who has responsibility for waste management and regulation of spent nuclear fuel.
This Practice Note considers the general principles of state immunity (also called sovereign immunity), the scope of state immunity, state immunity from jurisdiction and state immunity from execution and gives practical steps that should be considered when dealing with state immunity in the context of international arbitration. It also considers transactions with foreign states. This Practice Note is written in partnership with Herbert Smith Freehills.
This Practice Note provides a snapshot on the Convention on Supplementary Compensation for Nuclear Damage (CSC). It outlines the current status and aims of the CSC, including a look at who is liable and the definition of ‘damage’, as well as what compensation is available and CSC’s exclusive jurisdiction over nuclear incidents covered by it.
This Practice Note summarises the legislative basis for the Great Britain Offshore Transmission Owner (OFTO) regime, the OFTO competitive tender process and the OFTO licence. It also provides an overview of the OFTO tender revenue stream (TRS), the transfer of offshore transmission assets (in the context of generator build), the OFTO of Last Resort regime, and a brief summary of existing and future OFTO projects. It was produced in partnership with Herbert Smith Freehills.
This Practice Note looks at how the regulatory justification process applies to proposed new nuclear power stations in the UK. This international framework, on which the Euratom and therefore UK approach is based, was developed through the collaboration of the International Commission for Radiation Protection (ICRP) and the International Commission on Radiation Units and Measurements (the ICRU), and was most recently updated in 2007 with the publication of the ICRP 103. It forms the core European Nuclear Regulation, and is also used as a basis for other regimes throughout the world. Although this Practice Note looks specifically at nuclear power in the UK, the Framework itself is applicable to any practices that may result in human exposure to ionising radiation, and it seeks to ensure that the benefit of the risk outweighs any potentially detrimental effects. In addition, this Practice Note considers the Nuclear Sector Deal, published in 2008 by the UK government in conjunction with the Nuclear Industry Council.
This Practice Note provides a summary of the UK's nuclear liabilities regime as implemented in accordance with its international obligations. It was produced in partnership with Herbert Smith Freehills LLP.
This Practice Note provides a summary of the key regulatory bodies and their functions in the UK Civil Nuclear sector. It was produced in partnership with Herbert Smith Freehills LLP.
This Precedent is a set of clauses to be included in a contract of employment relating to hybrid working, also known as agile working, blended working or split working patterns or arrangements. It means that staff attend the workplace for part of their working time and work from home or elsewhere remotely (remote working) for part of their working time. These clauses cover normal place of work and requirement to work at other locations, hours of work, equipment and insurance, health and safety, right to enter and the right of the employer to discontinue or amend the hybrid working scheme.
This Precedent is a sample letter (easily adapted to an email) for an employer to send to its employees to introduce the employer’s hybrid working policy and to invite employees whose roles have been designated as suitable for hybrid working to apply to opt in to hybrid working arrangements under the policy. The letter assumes that the employer has adopted our hybrid working policy, but can be adapted for use with another policy.
This Precedent is a sample letter for an employer to send to an employee confirming that the employee has moved to a hybrid working arrangement under the employer’s hybrid working policy. It envisages either a permanent or temporary move to such working arrangements, allowing for a trial period for the individual concerned, or where the employer’s organisation as a whole is trialling hybrid working and may subsequently revise its practices and policy. The letter constitutes a written statement of changes to particulars of employment (notice of changes), complying with the obligation to notify a worker of any change to terms in a written statement of particulars of employment.
This Precedent is a sample letter for an employer to send to an employee rejecting an employee’s application to move to a hybrid working arrangement under the employer’s hybrid working policy. The letter explains the reasons for the employer’s decision.
This Precedent is a sample hybrid working policy for an employer to include in a staff handbook or use as a stand-alone policy. Hybrid working is also known as agile working, blended working or split working patterns or arrangements, and means that staff attend the workplace for part of their working time and work from home or elsewhere remotely (remote working) for part of their working time. This Precedent covers suitability (manager’s discretion and matters considered), hours of work, place of work, attending the workplace, flexible working requests, equipment and workstation, expenses, insurance and liability, reference to confidentiality provisions and other policies relating to data protection, use of employer’s computer systems and network, health and safety, communication, training and meetings, equal opportunities, and monitoring and review.
This Checklist sets out the key considerations for the employer when deciding whether and how to introduce a hybrid working scheme, sometimes known as agile working, blended working or split working patterns or arrangements, where staff attend the workplace for part of their working time and work from home or elsewhere remotely (remote working) for part of their working time.
This Practice Note summarises the evolving policy and regulatory position in respect of the potential future deployment of small modular nuclear reactors (SMRs) in the UK. (The term SMR referring to advanced smaller-scale nuclear reactors with a capacity of between 300–700 megawatts.) Details of (and links to) key policy documents are included, together with an overview of the position in respect of licensing, planning, siting, decommissioning and insurance.
This Practice Note considers the UK and EU General Data Protection Regulation (GDPR) regimes, the Data Protection Act 2018 (DPA 2018) and other data protection considerations that should or may be considered in connection with international arbitration proceedings. In the context of arbitration proceedings it provides UK focused guidance on: the background to the GDPR regimes and DPA 2018, the scope and territorial reach of the GDPR, key definitions such as personal data, processing and identifying controllers and processors, data protection principles including: the possible lawful grounds for processing in arbitration (such as consent, compliance with a legal obligation, legitimate interests), fairness and transparency, data minimisation, storage limitation (or data retention), integrity and confidentiality and accountability, as well as exemptions to the GDPR regimes. The Practice Note also takes into account article 29 Working Party and ICO guidance and looks at data subjects’ rights, data mapping, data protection impact assessments, redaction, pseudonymisation and anonymisation, client compliance, transfer of data out, extra territorial reach and sanctions for breach of the GDPR regimes.
This Practice Note provides a detailed overview of the primary rights and obligations which apply to those who are successful in winning Capacity Market support. These rights and obligations, to the extent they apply during the years when capacity providers are obliged to provide capacity, are often known by the term ‘capacity agreement’ as this is the way in which they are defined in the legislation and rules underpinning the Capacity Market scheme. This Practice Note was written in partnership with Sarah Pollock of Herbert Smith Frehills.
This Practice Note provides a detailed overview of the prequalification and auction process through which Capacity Market support is awarded to successful applicants. This Practice Note was written in partnership with Sarah Pollock of Herbert Smith Freehills
This Practice Note looks at the Capacity Market (CM) under the electricity market reform (EMR) programme. It provides an introduction to the purpose and legal basis of the Capacity Market, explains what types of electrical capacity Capacity Market support is available to, how Capacity Market support is won, and the form that Capacity Market support takes. It also provides an overview of the key parties involved in the Capacity Market, the Capacity Market auctions that have taken place to date and the key Capacity Market legislation, rules, guidance and consultation documents. It include analysis of the annulment and subsequent re-confirmation of State aid clearance for the Capacity Market mechanism, following the General Court’s 15 November 2018 judgment in respect of Case T-793/14 Tempus Energy Ltd and Tempus Energy Technology Ltd v Commission.
This Practice Note considers the issue of cybersecurity (cyber-security or cyber security) in international arbitration proceedings. The Practice Note provides an introduction to cybercrime (cyber-crime or cyber crime) (eg hacking) and cybersecurity in arbitral proceedings, considers the importance of cybersecurity in arbitral proceedings, the potential targets of cyberattacks (cyber-attacks or cyber attacks) in arbitration, the perpetrators of cyberattacks in arbitration (and cyber threats, cyber-threats) and the potential consequences of cyberattacks in arbitration. The Practice Note also considers where the responsibility lies for dealing with (managing, providing for, taking account of) cybersecurity in international arbitration as well as the steps (procedures and processes) that may be appropriate to take to combat cyberattacks (increase cybersecurity) in arbitration proceedings. The Practice Note also considers some of the developments in this field of practice, including draft and final protocols on cybersecurity in international arbitration.
This Practice Note sets out what inflation derivatives are, who uses them, product types, how they are documented and future developments
This Practice Note gives an overview of key considerations from a lender perspective when lending to a fund.
Since 2015, the courts have grappled with the claimant argument that financial institutions owe duties of care in tort directly to their customers in connection with their conduct of the past business review of interest rate hedging product sales announced by the Financial Conduct Authority (FCA), then the Financial Services Authority (FSA) in 2012 (the Review). A number of contradictory High Court decisions followed. This Practice Note discusses the 2017 Court of Appeal decisions which clarified—in three conjoined appeals—that such claimants have little prospect of bringing such claims against the banks conducting that Review.
This Practice Note summarises the requirements placed on offshore wind generators in relation to the transfer of offshore transmission assets to third party offshore transmission owners (OFTOs). It also examines key issues which arise in respect of the construction and transfer of offshore transmission assets and the ongoing interface between the offshore wind generator and the OFTO.
This Practice Note considers some of the common types of international and cross border disputes typically seen in the oil and gas industry and looks at the varying types of alternative dispute resolution (ADR) provisions most often employed, including litigation, expert determination, mediation and arbitration. It also considers some of the international arbitral institutions most commonly used in oil and gas disputes, including the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Singapore international Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC).
This Practice Note considers the current status of nuclear geological disposal and the governance of geological disposal facilities in the UK. It was produced in partnership with Herbert Smith Freehills.
This Practice Note considers the availability of security for claims (or security for claim or security for a claim) in international arbitral (arbitration) proceedings. The Practice Note addresses what is security for claim(s), how does security for claims differ from security for costs, the availability of security for claims in ad hoc and institutional arbitration and under selected national arbitration laws, notably the Arbitration Act 1996 in England and Wales, the French Code of Civil Procedure, the Hong Kong Arbitration Ordinance (CAP 609), and the Singapore International Arbitration Act. The Practice Note considers applications to arbitral tribunals and to courts, and the orders for security that may be obtained from them, including the arrest of property. The Practice Note also provides some guidance on the criteria for obtaining security for claims, such as material change of circumstances and location of assets, and it contains practical tips.
This Practice Note examines the circumstances in which the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) may apply in the context of property transactions and considers the impact on both employers (for example, landlords, tenants, managing agents and other third party contractors), as well as on employees. It provides an overview of the application and effect of TUPE 2006 and examines business transfers and service provision changes. The Practice Note then considers TUPE 2006 in specific situations: sale of a commercial freehold or leasehold property, the grant, termination or assignment of a lease, property management and service providers, changes in third party service provision and employee accommodation and resident employees. The impact of insolvency on staff transfers in the commercial property context is also outlined. The Practice Note then considers due diligence issues and the steps parties can take to manage TUPE-related risk in property transactions.
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