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Results: 1-10 of 12

General counsel update - 27 September 2012

  • Herbert Smith Freehills LLP
  • -
  • Indonesia, Myanmar, Spain, United Kingdom
  • -
  • September 27 2012

This is the 31st in our series of general counsel updates which aim to summarise major developments in key areas

Review of 2009 and preview of 2010

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 15 2010

The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty

General counsel update

  • Herbert Smith Freehills LLP
  • -
  • China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
  • -
  • July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

UK Supreme Court ruling: arbitration agreements not within the scope of UK anti-discrimination legislation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 27 2011

In a much anticipated ruling delivered on 27 July 2011, the UK Supreme Court has clarified the status of arbitrators and confirmed that they are not employees, and that arbitration agreements do not therefore fall within the scope of the UK anti-discrimination legislation: Jivraj (Appellant) v Hashwani (Respondent) 2011 UKSC 40

New legislation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 6 2009

Transitional arrangements have been published for the statutory procedures on discipline and grievance and the Acas Code replacing them from 6 April 2009

EAT imposes a penalty of £55,000 for failure to inform and consult under ICE Regs 2004

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 29 2007

The Central Arbitration Committee (CAC) ruled against Macmillan Publishers for failing to respond properly to an employee request for information, failing to initiate negotiations for a negotiated I&C body following a valid request, and failing to hold a ballot to elect the relevant number of I&C reps where the standard I&C provisions applied

Discrimination: arbitrators protected

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 9 2010

A recent Court of Appeal decision has extended the category of individuals protected by discrimination laws and put in doubt the validity of many arbitration clauses

Discrimination and arbitration: where EU law clashes with the freedom of the arbitral process

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 29 2010

On 22 June 2010, the English Court of Appeal made a ruling with potentially wide-ranging repercussions in the context of parties' freedom to choose their arbitral tribunal

Government publishes research on judicial mediation in employment tribunals

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 8 2011

The Ministry of Justice has published the results of an evaluation of the judicial mediation service piloted in three regions of England by the Employment Tribunal Service

Employment status: reality of relationship trumps contractual terms; arbitrators not employees under discrimination law

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2011

The Supreme Court has confirmed that the employment status of an individual will be determined by the reality of their relationship with the employer

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