Herbert Smith Freehills Podcasts

In this podcast, we reflect on key international arbitration updates from 2020 including new signatories to the New York Convention, changes to the LCIA and ICC Rules, and some insights on the non-interventionist approach taken by the English Courts, which is particularly relevant for London seated arbitrations - and how this impacts businesses in Japan and beyond. Speakers: David Gilmore, Craig Shepherd, Yosuke Homma Resources LCIA Rules: https://hsfnotes.com/arbitration/2020/08/12/new-lcia-rules-in-force-on-1-october-2020-refreshing-the-lcias-approach/ ICC Rules: https://hsfnotes.com/arbitration/2021/01/06/new-icc-rules-2021-and-new-icc-note-to-parties-and-arbitral-tribunals-come-into-force/ Xstrata: https://hsfnotes.com/arbitration/2020/03/31/award-creditors-successfully-challenge-award-to-clarify-identity-of-a-party/ ASA v TL: https://hsfnotes.com/arbitration/2020/09/30/english-high-court-characterises-unsuccessful-challenge-to-award-under-s68-as-seeking-to-attack-an-arbitrators-findings-of-fact-and-her-evaluation-of-the-evidence-under-guis/ Alegrow: https://hsfnotes.com/arbitration/2020/07/29/english-high-court-grants-appeal-on-a-point-of-law-under-s69-arbitration-act-1996/

With many of our clients preparing for or in the process of returning their workforce to their Australian-based offices, our Catalyst series is returning for 2021 to discuss the role of organisations and implications for the roll out of a COVID vaccine. Dr Andrew Ebringer, Regional Medical Director and Consulting Lead for Australasia at International SOS and Nerida Jessup, Special Counsel from our Sydney Safety team join host Drew Pearson, Partner in our Sydney Employment and Industrial Relations team to explore the complex considerations for employers considering the issue of COVID-19 vaccinations.

Sarah Benbow, Partner, Melbourne Adelaide Luke, Partner, Head of Competition, Asia, Hong Kong (Singapore) Consumer goods are often the focus of competition law enforcement activity, particularly in jurisdictions where the competition law regulator doubles as the consumer protection agency, as is the case in Australia. In this podcast, we take a look at recent enforcement patterns in Australia and across Asia, and consider the trends to come.

Kristin Stammer, Partner, Sydney In an introduction to our video series, partner Kristin Stammer highlights the areas our Asia-Pacific Consumer team will be exploring as they discuss the trends predicted to transform the sector in 2021.

In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider the outlook for competition class actions, particularly in light of the Supreme Court decision in the Mastercard case shortly before Christmas. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Daniel Woods, a senior associate. Below you can find links to our blog posts on the developments and cases covered in this podcast . • Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ • Disputes after the end of the Brexit transition period: where are we now? https://hsfnotes.com/litigation/2020/12/16/disputes-after-the-end-of-the-brexit-transition-period-where-are-we-now/ • High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice https://hsfnotes.com/litigation/2021/01/06/high-court-concludes-no-waiver-of-privilege-resulted-from-negative-assertions-relating-to-legal-advice/ • Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs https://hsfnotes.com/litigation/2021/01/27/court-of-appeal-clarifies-that-cross-undertakings-should-rarely-be-required-as-a-condition-of-security-for-costs/ • Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements https://hsfnotes.com/litigation/2021/01/19/court-of-appeal-confirms-regulations-governing-damages-based-agreements-dbas-do-not-preclude-terms-providing-for-payment-of-time-costs-on-termination-nor-do-they-preclude-hybrid-arrangements/ • Witness evidence reforms: final versions now published and will apply from 6 April https://hsfnotes.com/litigation/2021/02/02/witness-evidence-reforms-final-versions-now-published-and-will-apply-from-6-april/ • Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues https://hsfnotes.com/crt/2020/12/15/supreme-court-ruling-in-merricks-some-important-clarifications-but-a-number-of-unresolved-issues/ • Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification https://hsfnotes.com/crt/2020/12/11/supreme-court-remits-14bn-class-action-against-mastercard-back-to-competition-appeal-tribunal-for-reconsideration-of-certification/

As we start a new year, Stephen Wilkinson and Antonia Kirkby look back at the activity and trends in public M&A last year, and look ahead to what may happen in 2021. They discuss: • activity levels and trends in 2020 • regulatory developments, including the changes to the Takeover Code and the merger control regime as a result of Brexit and • what they expect to see in the year ahead, including the upcoming changes to the Takeover Code and the National Security and Investment Bill.

In this first edition of our insurance podcast, we look at the Supreme Court’s judgment in the FCA’s Covid-19 Business Interruption insurance test case (The Financial Conduct Authority v Arch and Others) which has been eagerly awaited by policyholders and the insurance market alike. This episode is hosted by Sarah Irons, a Professional Support Consultant in our insurance disputes team, who is joined by Paul Lewis, who led the Herbert Smith Freehills team who acted for the FCA in the test case. You can find the links to our blog posts which cover this case below: • Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case https://hsfnotes.com/insurance/2021/01/15/supreme-court-hands-down-judgment-in-fcas-covid-19-business-interruption-test-case/ • High Court judgment handed down in FCA’s Covid-19 Business Interruption Test Case https://hsfnotes.com/insurance/2020/09/15/judgment-handed-down-in-fcas-covid-19-business-interruption-insurance-test-case/ Don't forget to subscribe to our insurance blog https://hsfnotes.com/insurance/subscribe/ Speakers: Paul Lewis (Global Head of Insurance Disputes), Sarah Irons (Professional Support Consultant)

In this second episode in our series on Pensions and ESG, Pensions Professional Support Lawyer, Tim Smith is joined by Emma Douglas, Head of DC at Legal & General Investment Management (LGIM) and they discuss: • LGIM's approach to managing ESG risks in the context of its DC schemes and on behalf of its trustee clients • the successes that LGIM has had through its engagement with companies and what happens when engagement doesn't work • how trustees can assess whether their asset managers are taking ESG risks seriously • how prepared the industry is to set climate-related metrics and targets and to conduct scenario analysis, and • the risk of member complaints and legal challenges related to ESG issues. To view all of the podcasts in this series click here https://hsfnotes.com/pensions/?m=podcasts. And to receive future episodes direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/

Soundbite 1: Significant milestones in the development of construction law in the last 50 years Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 2: ADR in action on the Channel Tunnel Project Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 3: The “memorial” approach in international arbitration Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 4: Use of Dispute Boards in construction projects Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Soundbite 5: Mediation of construction disputes between parties from different cultures Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London.

Hew Kian Heong interviews John Bishop, one of the world's pre-eminent construction experts. John has over 50 years of experience in the legal and construction industries, having handled thousands of international construction, engineering and energy related disputes as counsel, arbitrator, adjudicator, Dispute Board Member, and mediator in many countries around the world. John is currently practising as a full time independent arbitrator from bases in Beijing, Hong Kong and London. Speakers: Hew Kian Heong (Partner and Joint Global Head of Construction Disputes) and John Bishop (Arbitrator, Mediator, Dispute Board Member)

To start off the new year, the 13 partners and more than 60 lawyers from the Australian Employment, IR and Safety team at Herbert Smith Freehills contributed their thoughts about the likely big ticket employment items in 2021. Melbourne partners Anthony Wood and Natalie Gaspar look at the top four issues we identified, and what you need to know to prepare your business. This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/what-is-ahead-in-2021-the-top-four-issues-facing-australian-employers-this-year