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Herbert Smith Freehills LLP

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"Governing law" and "jurisdiction" clauses

Global - June 30 2008 In previous e-bulletins we have looked at a number of clauses that are commonly found in commercial contracts but are often poorly drafted and misunderstood

Back-to-back contracts

United Kingdom - April 15 2011 Back-to-back agreements, by which a main contractor seeks to pass its obligations and liabilities towards the employer through to its subcontractor(s), are becoming an increasingly common feature of construction projects

Hong Kong court upholds execution against PRC State Owned Enterprise, rejecting claim of crown immunity

Hong Kong - June 12 2017 In TNB Fuel Services SDN BHD v. China National Coal Group Corporation HKCFI 1016, the Hong Kong Court of First Instance ("HKCFI") rejected a claim of

High Court orders security for costs against third party funder supporting group litigation

United Kingdom - June 13 2017 The High Court has granted an application for security for costs against a commercial litigation funder supporting the then remaining claimants in

Court of Appeal considers implied variation and good faith in relation to contractual rights of termination

United Kingdom - June 8 2017 The Court of Appeal has upheld a decision granting summary judgment to a defendant in relation to an allegation that it had wrongfully terminated a

The Spanish government announces a new renewable energy auction

Spain - June 19 2017 The Spanish Council of Ministers has approved a royal decree that establishes a new auction to allocate what is known as "specific remuneration" for

Former chief secretary and property tycoon lose appeal in Hong Kong's highest profile corruption case

Hong Kong - June 16 2017 The convictions of former Chief Secretary of Hong Kong, Rafael Hui, former Sun Hung Kai chairman, Thomas Kwok, and two others have been upheld by

Masala Bonds: Still attractive?

India - June 16 2017 In September 2015, the Reserve Bank of India ("RBI") issued guidelines allowing, for the first time, Indian corporates to issue rupee denominated US

Convocada una nueva subasta de energía renovable

European Union, Spain - June 16 2017 El Consejo de Ministros ha aprobado un Real Decreto que establece una nueva convocatoria para la asignación, a través de una subasta, del régimen

Patent and Pharma Update - June 2017

European Union, United Kingdom, USA - June 16 2017 In January we reported the UK IP Minister Jo Johnson's enthusiastic support for the UPC and ratification of the UPC Agreement (UPCA) whilst the UK is