Monthly Archives: July 2020

CORONAVIRUS UPDATE: Returning to the workplace safely

1) Carry out a Covid-19 risk assessment You should identify work activity and situations which might cause transmission of Covid-19, think about who could be at risk, determine how likely it is that your workers could be exposed to the …

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DOUBLE HATTING: DUTY TO DISCLOSE TIES BETWEEN ARBITRATORS AND EXPERTS IN INTERNATIONAL ARBITRATION

Introduction An arbitrator’s failure to disclose a professional relationship with an expert witness led an ICSID ad hoc committee (the “Annulment Committee”) on 11 June 2020 to issue a unanimous decision to annul a €128 million award against Spain in …

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Privacy Shield invalidated: what this means for your data flows to the US

Last Thursday, in a landmark decision, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield, the EU-US agreement that allows unrestricted transfers of personal data from the EU to over 5,000 certified organisations in the US. The …

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No Data Protection Impact Assessment (DPIA) undertaken for Test and Trace programme – but what is a DPIA, anyway?

Earlier today, the BBC reported the latest in an increasingly long line of problems to have plagued the country’s COVID-19 ‘Test and…

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Is it a Fair CoP?

Confirmation of Payee (CoP) checks were introduced on 30 June 2020. The system is a new way for banks to check the account details of a…

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Material Adverse Change Clauses in the Time of COVID-19

Material adverse change clauses (“MAC clauses”) are common in finance and acquisition agreements and are designed to address changes in the circumstances of one of the parties (usually the borrower or target business). For acquisitions, a MAC clause allows a …

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COVID-19 AND OUTSIDE SPACE: CONSIDERATIONS FOR LEISURE AND HOSPITALITY OPERATORS

Campaigns, like Soho Estates’ “summer festival” initiative, are pushing government to temporarily ease regulations so leisure and hospitality operators can utilise public squares and other open spaces near their venues to serve customers, with deliveries and rubbish collections being limited …

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English Court of Appeal finds that the Arbitration Act s.44(2)(a) applies to third-parties

In the context of a New York arbitration, the decision in A and B v C, D and E [2020] EWCA Civ 409 concerned an application to the English court for an order under s.44(2)(a) of the Arbitration Act 1996 …

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The BoE encourages market participants to move from LIBOR to risk-free rates with new policies for the treatment of LIBOR-linked collateral

The Bank of England (BoE) provides liquidity to market participants and lends to firms against a wide set of eligible collateral. To…

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Brief update: Business Interruption Insurance – FCA files a Reply in the Test Case

The FCA has filed a very extensive Reply[1] (35 pages) to the insurers’ Defences in its business interruption (BI) insurance test case, alleging broadly that the eight defendant insurers are seeking to deprive BI cover clauses of their plain and …

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