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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

Residential leasehold - time for change?

United Kingdom - August 8 2017 At the end of July, hard on the heels of the Housing White Paper published in February, DCLG issued a Consultation Paper on "Tackling unfair

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 of Appeal finds against bank on the basis that the bank's exclusion of liability clauses were unconscionable and unreasonable

Hong Kong - August 9 2017 The Hong Kong Court of Appeal (CA) has recently affirmed a decision of the Court of First Instance (CFI), in which a ruling was made in favour of the

Asset managers and their senior management (including mics) warned of action for regulatory non-compliance

European Union, Hong Kong, United Kingdom - August 4 2017 Boards and senior management (including Managers-in-Charge of Core Functions (MICs)) of asset managers have been called on by the SFC (31 July 2017

Less than a year to go before new country of origin food labels become mandatory

Australia - August 16 2017 In response to consumer feedback and government consultation and review, the new Country of Origin Food Labelling Information Standard 2016 (the

High Court decision illustrates the need to be sure of your ground before terminating for repudiatory breach

United Kingdom - August 16 2017 In a recent decision, the High Court found that a claimant's letter purporting to terminate a contract for the defendant's repudiatory breach could

Australia: Latest data on enterprise bargaining wages trends - March 2017 quarter

Australia - August 15 2017 The 'Trends in Federal Enterprise Bargaining' report for January-March 2017 was released by the Department of Employment yesterday. This data is a

SIAC opens Representative Office in Gujarat International Finance Tec-city (GIFT) India

India - August 14 2017 The Singapore International Arbitration Centre (SIAC) has opened its second representative office in India in the International Financial Services

New corrupting benefits legislation - what do employers need to know now?

Australia - August 14 2017 Employers will have to adopt strict safeguards and auditing measures to ensure compliance with the new corrupting benefits legislation passed by both