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Freshfields Bruckhaus Deringer LLP is a global law firm. Its clients, many of the world’s biggest and most significant international organisations…
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Freshfields Bruckhaus Deringer | Netherlands | 26 May 2022

Limited financial resources may lead to non-enforcement of valid arbitration clause

The basic premise of a valid arbitration clause is that parties waive their right to court access, which is provided for by law and safeguarded by article 17 of the Dutch Constitution and article 6 of the European Convention of Human Rights (ECHR). However, an arbitration clause may not be invoked when applying it would lead to a breach of article 6 of the ECHR and a party not having......
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Freshfields Bruckhaus Deringer | France | 26 May 2022

French Court of Cassation affirms de novo review of arbitral award for compliance with public policy

The Court of Cassation recently upheld the Paris Court of Appeal's decision to set aside the award in Belokon v Kyrgyz Republic based on charges of money laundering. The decision affirmed the French courts' oversight over arbitral awards and endorsed a de novo review to determine whether there was a violation of international public policy under article 1520(5) of the Code of Civil Procedure.
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Freshfields Bruckhaus Deringer | European Union | 26 May 2022

Withholding tax issues on Facility Agreements: traps for the unwary

The basic position on withholding taxes in LMA facility agreements is often summarised by saying that the borrower only takes change of law risk - i…
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Freshfields Bruckhaus Deringer | European Union | 26 May 2022

New EU Framework for In Vitro Diagnostic Medical Devices - are you “IVDR ready”?

Today (26 May 2022) marks an important day for everyone dealing with in vitro diagnostics (IVDs), i.e. Devices such as self-tests for pregnancy and…
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Freshfields Bruckhaus Deringer | Saudi Arabia | 24 May 2022

Terminating construction contracts under Saudi Law

Termination clauses feature in virtually every construction contract. They are particularly important in the construction industry due to the long…
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Freshfields Bruckhaus Deringer | United Kingdom | 24 May 2022

UK shareholder claims: ten takeaways from the full Autonomy judgment

The full judgment in Autonomy Corporation Limited and others v Lynch and another ([2022] EWHC 1178) has now been handed down. Autonomy is the first…
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Freshfields Bruckhaus Deringer | European Union, United Kingdom | 23 May 2022

UK announces bill to amend Northern Ireland Protocol

When we last looked at the Northern Ireland protocol saga the UK was looking at invoking Article 16 of the protocol to suspend some if not all of its…
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Freshfields Bruckhaus Deringer | European Union, United Kingdom | 20 May 2022

Data breach litigation: “very modest” data breach claim labelled “form of procedural abuse”

A new English High Court ruling may make would-be claimants think more carefully before bringing sweeping data breaches claims. Emma Louise Johnson v…
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Freshfields Bruckhaus Deringer | European Union, Global | 19 May 2022

Renewable energy projects - shifting towards alternative delivery structures?

As demand for renewable energy grows as part of the global energy transition, we have seen an increased interest in finding alternative ways of…
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Freshfields Bruckhaus Deringer | European Union, United Kingdom | 19 May 2022

EU’s updated distribution rules

On 10 May 2022, the European Commission published the updated Vertical Block Exemption Regulation (VBER) and Guidelines on Vertical Restraints…
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