The Freshfields Podcast

Fintech in focus: paying cross-border

As payment-systems users are able to connect with businesses and individuals in other countries, at the tap of a screen, there is a rapidly growing need for those payment-systems to keep pace.

The infrastructure for cross-border payments has struggled to keep up with the demand for efficient and more closely integrated payment methods that support these developments. The key question is whether new technologies will be able to assist in improving the quality and speed of cross-border payments whilst making the infrastructure future-proof and safe?

In this podcast, Matt O’Callaghan (Head of Financial Services Asia), Stephan Pachinger (Finance and Capital Markets Partner) and Charlotte Witherington (Senior Associate, Financial Services) discuss the international efforts to improve cross-border payments, with a particular focus on the responses of Asia, the EU and the UK.  They also take a look at the roles that digital payments, central bank digital currencies and stablecoins may play in shaping the future of money.

Tax matters: what UK tax disclosure plan means for business

In last year’s Budget, Rishi Sunak unveiled plans to require big businesses to proactively disclose information on the grey areas in their tax returns. Following significant pushback, the government responded with a series of changes, yet with the proposals applying to returns filed after April there is still a lot of uncertainty. In the latest episode of our Tax Matters podcast, Josh Critchlow is joined by partners Sarah Bond and Paul Davison to discuss where the plans are now – and how companies should respond.

Arbitration Insider: What disputes can we expect in 2021?

Arbitration Insider is a podcast series focusing on international arbitration produced by the New York International Arbitration Center (NYIAC) and Freshfields Bruckhaus Deringer. 

In this second episode, co-hosts Rekha Rangachari, Executive Director of NYIAC, and Olivier André, Client Relationship Advisor at Freshfields, focus on anticipated disputes in 2021 arising out of but not limited to the pandemic, engaging on themes of evolution and dynamism that permeate global disputes practices.

Conversations with outside and in-house counsel and leaders of arbitral institutions spotlight changes within both international commercial and investment treaty arbitration with a look to industry trends and forthcoming disputes allied with arbitral institutional caseloads and rules revisions, each buttressing a broader world view on the state of play.

Podcast guests include Lea Haber Kuck (International Litigation and Arbitration Partner, Skadden, Arps, Slate, Meagher & Flom LLP), Hagit M. Elul (International Arbitration Partner, Hughes Hubbard & Reed LLP), Noah Rubins, QC (International Disputes, Litigation & Arbitration Partner, Freshfields), Patricia Garcia (Senior Legal Counsel, VINCI), Natalí Sequeira (Team Leader & Legal Counsel, International Centre for the Settlement of Investment Disputes), and Luis M. Martinez (Vice President, American Arbitration Association-International Centre for Dispute Resolution).

Reference materials:

• Freshfields’ International Arbitration in 2021: Illuminating Top Trends
• Hughes Hubbard Reed COVID-19 Resource Center
• VINCI Airports – Traffic 2020 Press Release
• ICSID Rules and Regulation Amendments – Working Papers
• ICSID-UNCITRAL Code of Conduct for Adjudicators in International Investment Disputes
• ICDR 2021 International Rules Amendments

Essential Antitrust #13: Financing green transition: how will the EU support industry?

Many stakeholders have applauded the European Commission for its European Green Deal programme. But a key question remains: who will pay for green transformation of the EU’s economy? Most businesses will not be able to finance the transition themselves and entire industries are calling for more public funding.

In our 13^th episode, podcast host Jenn Mellott speaks with Merit Olthoff and Christiaan Smits about the enormous 2050 climate neutral objective the European Union has set itself and how sustainable finance and state aid will play a role in funding green transition.

FS market conduct #4: a look at insider dealing and trading on inside information

In this podcast in our series on market conduct topics intended for a financial services audience, Tim Mak in Hong Kong, Altin Sila in New York, Dan Newton in London and Anne-Laure Vincent in Paris discuss the insider dealing regimes in the key financial centres and some key differences between them, using US case law as a springboard.

Rethinking the supply chain #2: renegotiating long-term contracts

The pandemic has left parties to long-term contracts in arrangements that are no longer commercially viable.

Some have been able to agree on revised terms with their counterparties relatively quickly and easily. For others, the process has been more formal and prolonged, and involved considering the contract-renegotiation law of the applicable jurisdiction.

In this second podcast in our ‘Rethinking the supply chain’ series, Kate Gough, Moritz Becker and Tim Harkness from our dispute resolution practice discuss the legal framework for renegotiating contracts under the laws of England and Wales, Germany and the US, and the common mis-steps that negotiators make.   

Managing risk in Asia #3: the value of a diverse board

ESG has risen up the corporate agenda, driven by a combination of investor activism, government regulation, climate change, societal issues and shifts in the way companies think about governance.

In this episode, Teresa Ko, Tim Wilkins, Keith Pogson and Ninette Dodoo compare board diversity initiatives in Hong Kong and the US and look at how each market is pivoting companies toward diverse boards and challenging companies to do better on this key governance metric.

The discussion covers the unique challenges facing Hong Kong, the actions being taken to improve board diversity and the key risks for companies that do not embrace change.

UAE employee monitoring and compliance #2: whistleblowing

In the United Arab Emirates, there is no general duty for employees to disclose wrongdoing in a company, but as the podcast participants highlight, introducing effective speak up programs and whistleblowing protections are essential to well-functioning compliance programs and to mitigate risks.

 

Freshfields’ global investigations lawyer Zara Merali in Dubai is joined by Patrick Meaney, Head of Enforcement at the Dubai Financial Services Authority (DFSA), Anjam Jalal, Associate Director, Enforcement at the DFSA, and Shiraz Sethi, Regional Head of Employment at Dentons to discuss the challenges, laws, best practices and future directions of whistleblowing in the UAE and the Dubai International Financial Centre (DIFC), with Patrick and Anjam providing a regulatory point of view.

Arbitration Insider: Why is climate change and arbitration such a hot topic?

Arbitration Insider is a podcast series focusing on international arbitration, produced by the New York International Arbitration Center (NYIAC) and Freshfields Bruckhaus Deringer.

In this first episode, co-hosts Rekha Rangachari, Executive Director of NYIAC, and Olivier André, Client Relationship Advisor at Freshfields, focus on the trend towards climate change and arbitration. This topic has become a hot issue over the past few months as the public and private sectors are faced with increased pressure to engage more actively in combating climate change and to reach the targets set by the 2015 Paris Agreement.  In that context, arbitration is increasingly being used to resolve various climate change related disputes and the international arbitration community itself is embracing various initiatives to reduce its own carbon footprint.

Podcast guests include Lee Rovinescu (International Arbitration Partner, Freshfields), Eric Franco (Disputes Global Expert & General Counsel, Engie Peru), Lucy Greenwood (Independent Arbitrator & Founder of the Campaign for Greener Arbitrations), Christoffer Coello Hedberg (Legal Counsel, Arbitration Institute of the Stockholm Chamber of Commerce) and Kiran Sanghera (Special Counsel, Hong Kong International Arbitration Centre).

Reference materials:

• Campaign for Greener Arbitrations – A Framework and Green Protocols
• The Green Pledge - Green Pledge | Campaign for Greener Arbitrations
• ICC Commission Report – Resolving Climate Change Related Disputes through Arbitration and ADR
• 2018 Administered Arbitration Rules: 2018 Administered Arbitration Rules | HKIAC
• Revised SCC Arbitrator’s Guidelines: Revised SCC Arbitrator’s Guidelines - The Arbitration Institute of the Stockholm Chamber of Commerce (sccinstitute.com)

Essential Antitrust Asia #3: Merger control in Vietnam

The third episode in our Essential Antitrust Asia podcast series in which we speak with local experts in Asia to bring you the latest competition law trends and updates in the region. 

This episode focuses on Vietnam’s new Competition Law and features Tony Foster, the Managing Partner of Freshfields’ Vietnam practice; An Hoang Ha, a Senior Associate based in Hanoi with more than 15 years of experience advising investors on Vietnamese law; and Le Hai Duong, an associate based in Ho Chi Minh City. Alastair Mordaunt, co-head of the Antitrust, Competition and Trade practice in Asia, moderates.

In this session, our colleagues will discuss:

[01:37] – An update on inbound investment into Vietnam

[04:29] – An introduction to the new Competition Law and merger control regime in Vietnam

[10:13] – The filing thresholds and nexus requirements under Vietnam’s merger control regime

[13:46] – Filing trends under the new regime

[20:23] – Practical tips for clients on navigating Vietnam merger control regime