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Herbert Smith's general counsel update - September

Overview

This is the twenty-second in our series of General Counsel Updates which aim to summarise major developments in key areas.

CONTENTS

Developments of general interest

- Arbitration Discrimination and arbitration: where EU law clashes with the freedom of the arbitral process
- Corporate FSA List! – issue no. 25 published
- Corporate Governance – FRC publishes UK Stewardship Code
- Employment Age discrimination: proposal to remove statutory default retirement age from October 2011
- Age discrimination: Court of Appeal relaxes test for justifying a retirement age
- Employees abroad: extension to unfair dismissal and discrimination rights
- Litigation New e-disclosure practice direction/questionnaire
- Government to consult on implementing Jackson recommendations re funding of litigation
- Significant Court of Appeal decision on Part 36 offers to settle
- Tax Proposed Bank Levy
- HMRC Double Tax Treaty Scheme


Sector specific developments

- Construction The City Inn Decision – The common sense approach?
- Testing the water – the new FIDIC subcontract
- Finance Insolvency Service launches consultation on restructuring moratorium
- Model Covenants for Sterling and Euro Bond Issues
- Financial services regulation Amendments to the Remuneration Code
- The Lehman client money judgment: the Court of Appeal overturns key aspects of the High Court decision

International developments

- Hong Kong Insurance regulatory reform in Hong Kong – an Independent Insurance Authority proposed
- Hong Kong Stock Exchange tightens approach to reverse takeovers
- Russia Russia’s new insider trading law and its implications

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