Herbert Smith Freehills

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Senior Associate, International Arbitration
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Contributions by Herbert Smith Freehills

14

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
Practice notes

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.

Collective dominance and oligopolies
Practice notes

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.

Legal protection of databases in the UK
Practice notes

This Practice Note provides guidance on the UK protection of databases and database rights. It examines what a database is, copyright in databases and the sui generis database right. Exercising rights that protect databases may lead to competition issues. The Practice Note covers issues of abuse of dominant position, anti-competitive agreements, the effects of breaches under competition law and using euro-defences under Articles 101 and 102. The Practice Notes also deals with other ways of protecting databases such as using the law of confidential information, database application software and provides practical tips for protecting databases.

Malawi merger control
Practice notes

A conversation with Jean Meijer, partner, and Sandhya Foster, 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.

Nuclear energy—an outline
Practice notes

This Practice Note provides an outline the fuel cycle of nuclear energy, a high level look at the risks associated with nuclear energy and an overview of the current and future nuclear power sector in the UK. It was produced in partnership with Herbert Smith Freehills LLP.

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. It also summarises Ofgem’s key powers.

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
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
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
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
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
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 Herbert Smith Freehills LLP.

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. It was produced in partnership with Herbert Smith Freehills LLP.

Contributions by Herbert Smith Freehills Experts

9

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
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.

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
Practice notes

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

Lending to funds
Practice notes

This Practice Note gives an overview of key considerations from a lender perspective when lending to a fund.

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.

Radioactive waste—geological disposal facilities
Practice notes

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.

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
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.

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