Herbert Smith Freehills

This Practice Note summarises the evolving policy and regulatory position in respect of the potential future deployment of small modular nuclear reactors (SMRs) in the UK. (The term SMR referring to advanced smaller-scale nuclear reactors with a capacity of between 300–700 megawatts.) Details of (and links to) key policy documents are included, together with an overview of the position in respect of licensing, planning, siting, decommissioning and insurance.

This Practice Note considers the UK and EU General Data Protection Regulation (GDPR) regimes, the Data Protection Act 2018 (DPA 2018) and other data protection considerations that should or may be considered in connection with international arbitration proceedings. In the context of arbitration proceedings it provides UK focused guidance on: the background to the GDPR regimes and DPA 2018, the scope and territorial reach of the GDPR, key definitions such as personal data, processing and identifying controllers and processors, data protection principles including: the possible lawful grounds for processing in arbitration (such as consent, compliance with a legal obligation, legitimate interests), fairness and transparency, data minimisation, storage limitation (or data retention), integrity and confidentiality and accountability, as well as exemptions to the GDPR regimes. The Practice Note also takes into account article 29 Working Party and ICO guidance and looks at data subjects’ rights, data mapping, data protection impact assessments, redaction, pseudonymisation and anonymisation, client compliance, transfer of data out, extra territorial reach and sanctions for breach of the GDPR regimes.

This Practice Note provides a detailed overview of the primary rights and obligations which apply to those who are successful in winning Capacity Market support. These rights and obligations, to the extent they apply during the years when capacity providers are obliged to provide capacity, are often known by the term ‘capacity agreement’ as this is the way in which they are defined in the legislation and rules underpinning the Capacity Market scheme. This Practice Note was written in partnership with Sarah Pollock of Herbert Smith Freehills.

This Practice Note provides a detailed overview of the prequalification and auction process through which Capacity Market support is awarded to successful applicants. This Practice Note was written in partnership with Sarah Pollock of Herbert Smith Freehills

This Practice Note looks at the Capacity Market (CM) under the electricity market reform (EMR) programme. It provides an introduction to the purpose and legal basis of the Capacity Market, explains what types of electrical capacity Capacity Market support is available to, how Capacity Market support is won, and the form that Capacity Market support takes. It also provides an overview of the key parties involved in the Capacity Market, the Capacity Market auctions that have taken place to date and the key Capacity Market legislation, rules, guidance and consultation documents. It include analysis of the annulment and subsequent re-confirmation of State aid clearance for the Capacity Market mechanism, following the General Court’s 15 November 2018 judgment in respect of Case T-793/14 Tempus Energy Ltd and Tempus Energy Technology Ltd v Commission.

This Practice Note considers the issue of cybersecurity (cyber-security or cyber security) in international arbitration proceedings. The Practice Note provides an introduction to cybercrime (cyber-crime or cyber crime) (eg hacking) and cybersecurity in arbitral proceedings, considers the importance of cybersecurity in arbitral proceedings, the potential targets of cyberattacks (cyber-attacks or cyber attacks) in arbitration, the perpetrators of cyberattacks in arbitration (and cyber threats, cyber-threats) and the potential consequences of cyberattacks in arbitration. The Practice Note also considers where the responsibility lies for dealing with (managing, providing for, taking account of) cybersecurity in international arbitration as well as the steps (procedures and processes) that may be appropriate to take to combat cyberattacks (increase cybersecurity) in arbitration proceedings. The Practice Note also considers some of the developments in this field of practice, including draft and final protocols on cybersecurity in international arbitration.

This Practice Note sets out what inflation derivatives are, who uses them, product types, how they are documented and future developments

This Practice Note summarises the requirements placed on offshore wind generators in relation to the transfer of offshore transmission assets to third party offshore transmission owners (OFTOs). It also examines key issues which arise in respect of the construction and transfer of offshore transmission assets and the ongoing interface between the offshore wind generator and the OFTO.

This Practice Note considers some of the common types of international and cross border disputes typically seen in the oil and gas industry and looks at the varying types of alternative dispute resolution (ADR) provisions most often employed, including litigation, expert determination, mediation and arbitration. It also considers some of the international arbitral institutions most commonly used in oil and gas disputes, including the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Singapore international Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC).

This Practice Note considers the availability of security for claims (or security for claim or security for a claim) in international arbitral (arbitration) proceedings. The Practice Note addresses what is security for claim(s), how does security for claims differ from security for costs, the availability of security for claims in ad hoc and institutional arbitration and under selected national arbitration laws, notably the Arbitration Act 1996 in England and Wales, the French Code of Civil Procedure, the Hong Kong Arbitration Ordinance (CAP 609), and the Singapore International Arbitration Act. The Practice Note considers applications to arbitral tribunals and to courts, and the orders for security that may be obtained from them, including the arrest of property. The Practice Note also provides some guidance on the criteria for obtaining security for claims, such as material change of circumstances and location of assets, and it contains practical tips.

This Practice Note examines the circumstances in which the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) may apply in the context of property transactions and considers the impact on both employers (for example, landlords, tenants, managing agents and other third party contractors), as well as on employees. It provides an overview of the application and effect of TUPE 2006 and examines business transfers and service provision changes. The Practice Note then considers TUPE 2006 in specific situations: sale of a commercial freehold or leasehold property, the grant, termination or assignment of a lease, property management and service providers, changes in third party service provision and employee accommodation and resident employees. The impact of insolvency on staff transfers in the commercial property context is also outlined. The Practice Note then considers due diligence issues and the steps parties can take to manage TUPE-related risk in property transactions.

This Precedent set outs an example of an equality, diversity and inclusion (EDI) policy for the trustee board of a pension scheme.