Herbert Smith Freehills

Experts

37

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Alex Kay
Herbert Smith Freehills
André Pretorius
Herbert Smith Freehills
Becky Johnson
Professional Support Lawyer
Herbert Smith Freehills
Ben Goodman
Herbert Smith Freehills
Ceri Morgan
Professional Support Consultant
Herbert Smith Freehills
Charlie Morgan
Senior Associate, International Arbitration
Herbert Smith Freehills
Dan Eziefula
Herbert Smith Freehills
Elaine Wong
Herbert Smith Freehills
Erin Wakelin
Herbert Smith Freehills
Gayatri Gogoi
Solicitor
Herbert Smith Freehills
Gitta Satryani
Herbert Smith Freehills
Hannah Brown
Senior Associate
Herbert Smith Freehills
Heather Culshaw
Partner
Herbert Smith Freehills
Jean Meijer
Partner
Herbert Smith Freehills
Jenny Andrews
Herbert Smith Freehills
Jerome Temme
Solicitor (Senior Associate, International Arbitration)
Herbert Smith Freehills
John Corrie
Herbert Smith Freehills
Karen Wu
Associate
Herbert Smith Freehills
Karen Rowe
Herbert Smith Freehills
Kate Laidlow-Singh
Herbert Smith Freehills
Kristen Roberts
Partner
Herbert Smith Freehills
Leon Chung
Partner
Herbert Smith Freehills
Liz Kantor
Solicitor
Herbert Smith Freehills
Marco De Sousa
Senior Associate
Herbert Smith Freehills
Miriam Everett
Herbert Smith Freehills
Nicholas Peacock
Herbert Smith Freehills
Nick May
Herbert Smith Freehills
Nihar Lovell
Professional Support Lawyer
Herbert Smith Freehills
Paul Butcher
Herbert Smith Freehills
Rachael MacKay
Professional Support Consultant
Herbert Smith Freehills
Richard Evans
Solicitor
Herbert Smith Freehills
Sarah Pollock
Partner
Herbert Smith Freehills
Sarah Benbow
Herbert Smith Freehills
Susie Nguyen
Solicitor
Herbert Smith Freehills
Tim Smith
Lawyer
Herbert Smith Freehills
Vanessa Naish
Solicitor
Herbert Smith Freehills
William Arrenberg
Herbert Smith Freehills
Contributions by Herbert Smith Freehills

16

1960 Paris Convention—snapshot
1960 Paris Convention—snapshot
Practice notes

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.

1963 Vienna Convention—snapshot [Archived]
1963 Vienna Convention—snapshot [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. 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.

Australia—cross border banking and finance guide
Australia—cross border banking and finance guide
Practice notes

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

Hybrid working
Hybrid working
Practice notes

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.

Malawi merger control
Malawi merger control
Practice notes

A conversation with Jean Meijer, partner, Sandhya Foster, director and Ofentse Motshudi, 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 130 maintained national merger control guides.

Ofgem
Ofgem
Practice notes

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 (GB), as well as the GB energy system more broadly. It also summarises Ofgem’s key powers.

Radioactive waste and spent fuel regulation
Radioactive waste and spent fuel regulation
Practice notes

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.

State immunity and arbitration—general considerations
State immunity and arbitration—general considerations
Practice notes

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.

The Convention on Supplementary Compensation for Nuclear Damage—snapshot
The Convention on Supplementary Compensation for Nuclear Damage—snapshot
Practice notes

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.

The Offshore Transmission Owner (OFTO) regime
The Offshore Transmission Owner (OFTO) regime
Practice notes

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.

The regulatory justification process for proposed new nuclear power stations in the UK
The regulatory justification process for proposed new nuclear power stations in the UK
Practice notes

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.

The UK nuclear liabilities regime
The UK nuclear liabilities regime
Practice notes

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 Burges Salmon LLP.

UK Civil Nuclear Regulatory Bodies
UK Civil Nuclear Regulatory Bodies
Practice notes

This Practice Note provides a summary of the key regulatory bodies and their functions in the UK Civil Nuclear sector.

Letter—from employer introducing hybrid working policy
Letter—from employer introducing hybrid working policy
Precedents

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.

Letter—from employer to employee regarding hybrid working arrangements
Letter—from employer to employee regarding hybrid working arrangements
Precedents

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.

Letter—from employer to employee rejecting application to opt in to hybrid working arrangements
Letter—from employer to employee rejecting application to opt in to hybrid working arrangements
Precedents

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.

Contributions by Herbert Smith Freehills Experts

12

Advanced nuclear technology plants—plans and prospects for the UK
Advanced nuclear technology plants—plans and prospects for the UK
Practice notes

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.

Arbitration—data protection and GDPR considerations
Arbitration—data protection and GDPR considerations
Practice notes

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.

Capacity Agreements and the rights and obligations of those who win Capacity Market support
Capacity Agreements and the rights and obligations of those who win Capacity Market support
Practice notes

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 Freehills.

Capacity Market prequalification and auction process
Capacity Market prequalification and auction process
Practice notes

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

Capacity Market—key features
Capacity Market—key features
Practice notes

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.

Cybersecurity in international arbitration
Cybersecurity in international arbitration
Practice notes

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.

Inflation derivatives
Inflation derivatives
Practice notes

This Practice Note sets out what inflation derivatives are, who uses them, product types, how they are documented and future developments

Offshore transmission assets—key issues for offshore wind generators
Offshore transmission assets—key issues for offshore wind generators
Practice notes

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.

Oil and gas disputes: International dispute resolution framework and institutions
Oil and gas disputes: International dispute resolution framework and institutions
Practice notes

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).

Security for claims in international arbitration
Security for claims in international arbitration
Practice notes

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.

TUPE—issues arising in property transactions
TUPE—issues arising in property transactions
Practice notes

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.

Equality, Diversity and Inclusion (EDI) policy for pension trustee board
Equality, Diversity and Inclusion (EDI) policy for pension trustee board
Precedents

This Precedent set outs an example of an equality, diversity and inclusion (EDI) policy for the trustee board of a pension scheme.

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