1. Shelley Hutchin Design

2. Shelley Hutchin
Design
Clyde & Co
2 3
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Corporate
Manslaughter
Corporate
Manslaughter
1
Re-design
Safety, Health & Environmental
newsletter for print and online/
interactive publication.
A4, Wrap around cover, Matt
laminate cover, stapled
54 6 7
8
Corporate
Manslaughter
9
The call follows the publication of
the Independent Recall.
The review made a number of
recommendations to help improve
the way in which unsafe consumer
products are identified and removed
from the market. However, it is clear
that there is still a lot to be done.
Fire! Fire!
The appliances have been linked to
thousands of fires caused by fluff
coming into contact with heating
elements. Homes have been ruined
and, in some cases, the machines
have burst into flames as people
loaded them with clothes. Other
appliances causing fires include
dishwashers, fridges and freezers
and washing machines.
The LGA has highlighted some
alarming case studies, including:
• A family in Morecambe whose
tumble dryer burst into flames
while they were asleep
• Two people needing treatment
following a house fire in Preston
• A mother with two children who
had to flee her Nottingham flat
after her tumble dryer burst into
flames as she was loading it
• A mother and two young
daughters from Essex who were
left homeless after their tumble
dryer caught fire. They were
woken from their sleep by their
smoke alarm
• The death of two men who died in
a flat fire in Llanrwst in October
2014. A Pre-Inquest Hearing into
their deaths was told that the fire
started in a tumble dryer
• The death of a father who died
whilst saving his two children
from a house fire. The fire started
when a Beko fridge freezer caught
fire in his home
Safety first
The LGA has noted that many
manufacturers are running
repair programmes with lengthy
waiting lists, rather than recalling
potentially hazardous machines,
and is calling on them to recall the
affected tumble dryers.
The LGA has also called for all white
goods to include fire-proof markings
which would list the manufacturer,
model and serial number, allowing
fire investigators to identify which
models are causing fires.
Whilst there are currently no
further measures a manufacturer
should be taking, over and above
existing compliance, businesses
should take note that there is
clearly an increasing focus on the
importance of prompt product
recall with proper communication
to consumers. It remains to be
seen whether more stringent legal
measures will be introduced.
Authors: Rod Hunt and Luisa Lister
She Regulatory news – Autumn 2016
Introduction Lia quam que cuptam velignimet escim nonse veruptasi as sed molutem
porrovitio ilit poreper natquis exerumqui sitio venias debis et acepudi do-
lupti totatet ad quos volor am esequod ipsape pre, et fugiatem quiantem
est ma aut volupta placcuptam quis doloremqui alit lanihictem re illa

3. Shelley Hutchin
Design
International Arbitration - emerging markets
A6 pocket-size brochure for Africa conference 2016 -
Soft touch matt laminate finish, perfect bound
3
The widespread adoption of arbitration clauses in
international commercial contracts reflects the advantages
offered by international arbitration.
Arbitration provides a contract-based alternative to resolving
commercial disputes in local courts.
Arbitration clauses in commercial contracts can be tailored to meet
the parties’ particular requirements. The parties can opt for:
– Institutional arbitration – under the supervision of one of the
major arbitral institutions, each of which has its own set of rules
– Ad hoc arbitration – where the proceedings are not supervised
by an institution and the parties decide the rules that govern
the arbitration
While the enforcement of foreign court judgments in many states can
be challenging, costly and time consuming, the New York Convention
provides an efficient mechanism for enforcing arbitration awards in
foreign jurisdictions.
INTERNATIONAL
COMMERCIAL
ARBITRATION
2
CLYDE & CO IN AFRICA
BOTSWANA
– Successfullyadvisingonaninsurance
relatedminingdispute
EGYPT
– ConductinganICCarbitrationinCairo
onbehalfofacontractorinrespectof
aconstructionprojectinAlexandria
ETHIOPIA
– Advisingonmultiplearbitration
claimsrelatingtotheconstructionof
aregionalroadinEastAfrica
GAMBIA
– Successfullyrepresentingamining
companyagainstTheGambiainan
investmentarbitrationatICSID
– Successfullyactingforaninvestorin
twoinvestmentarbitrationsatICSID
inrelationtotheterminationofoil
explorationandproductionlicences
GHANA
– Representingastateownedoilstorage
andtransportationcompanyinaLCIA
arbitration
– Actingforadesignandconstruction
companyinUNCITRALproceedings
relatingtoamine
GUINEA
– Actingforaninfrastructurecompany
inanICCarbitrationagainstthe
GovernmentofGuineainrelationtoa
debtrecovery
– AdvisingtheGovernmentofGuinea
oninfrastructureandironore
miningprojects
MAURITANIA
– ActingfortheMauritanianGovernment
inanironoreminingarbitrationatICSID
MOROCCO
– Advisingarealestatedeveloper
inanICCarbitrationregardingthe
terminationofajointdevelopment
andfundingagreement
NIGERIA
– Actinginadisputebetween
jointventurepartiesrelatingto
hydrocarbonprojectfunding
SENEGAL
– AdvisingAfricanDevelopmentBankon
aEUR47millionportinvestment
SIERRALEONE
– Advisingontheinfrastructurephase
ofanironoreprojectincludingport
andrailaspects
SOUTHAFRICA
– AdvisingtheSouthAfrican
Governmentonreformstoits
PPPUnit
– AdvisingtheSouthAfrican
Governmentonstandardisation
ofPrivateFinanceInitiative
TANZANIA
– Representingamultinational
companyinadisputewitha
distributor
– AdvisingonaUSD380millionsugar
bio-fuelsproject
– AdvisingAgenceFrançaisede
Développementinconnectionwitha
USD35millionfinancing
– Advisingaportoperatorinrespectof
variousmattersportconcessions/
leases
ZIMBABWE
– AdvisingtheMinistryofFinanceon
inwardinvestmentissues
1110
6 7
ENFORCEMENT OF
ARBITRAL AWARDS
When considering an investment in an African state,
it is important to be aware that the rules governing
the recognition and enforcement of foreign arbitration
awards vary between the 54 African states. Enforcing
foreign arbitration awards will be easier in some
African jurisdictions than in others.
Where the parties are aware of the challenges they face at the
drafting stage, there are a number of strategies that can be adopted
in order to protect the parties’ interests. In order to do so, it is
vital to be aware of the rules that govern the recognition and
enforcement of foreign awards in a particular African jurisdiction.
The 54 African states can be broadly separated into 3 categories:
1. New York Convention member states
2. L’Organisation pour l’Harmonisation en Afrique du Droit des Affaires
(“OHADA”) member states
3. Those which are neither New York Convention nor OHADA
member states
out of the 54 states in Africa have ratified and acceded to
the New York Convention. The courts of these 54 states
are required, subject to a number of limited exceptions,
to recognise and enforce arbitral awards made in other
contracting states.
out of the 20 African states which have not ratified and
acceded to the New York Convention are members of OHADA.
Arbitral awards made in non-OHADA member states can be
enforced in these 5 states under the OHADA Uniform Act on
Arbitration 1999.
out of 54 African states are neither signatories of the New
York Convention, nor OHADA member states. A party
seeking to enforce a foreign arbitral award in one of these
states, such as Libya (where the enforcement of foreign
awards is governed by the Libyan Civil Code), must rely
on the provisions on the recognition and enforcement of
arbitration awards in the relevant national law, which will
ordinarily be more onerous than in New York Convention or
OHADA member states.
76
34
5
15
5
Protections against a number of the risks facing investors in
some African states could be available to foreign investors.
Where disputes arise in both contractual and non-contractual
relationships, investors may be entitled to protection under:
– Bilateral investment treaties (BITs), such as the China – Nigeria BIT
– Multilateral investment treaties (MITs) such as the South African
Development Community (SADC) Protocol on Finance and
Investment
– State contracts
BITs and MITs are international instruments concluded between
states which provide substantive and procedural protections for
investments made by foreign investors.
According to the United Nations Conference on Trade and
Development (UNCTAD), in addition to MITs, African states have
entered into 474 BITs. Of these, 155 were concluded between African
states, of which there are currently 31 in force.
While the substantive protections available vary from treaty to
treaty, BITs and MITs ordinarily provide for:
– Protection against expropriation without compensation
– Fair and equitable treatment
– Full protection and security of investments
– Free transfer of funds
– Dispute resolution by international arbitration
INVESTOR-STATE
ARBITRATION
4
14
READ MORE
SUCCESS AT ICSID FOR CLYDE & CO REPORTED
BY THE PRESS
READ MORE
READ MORE
READ MORE
15
1312
Maurice Kenton
Partner, London
T: +44 (0)20 7876 6520
E: maurice.kenton@clydeco.com
Maurice is a partner in the global
arbitration group. He was educated in
both South Africa and England and is
described in Legal 500 as“a first rate
litigator”. His practice focusses on
contentious matters in Africa, where
he has arbitrated in over a dozen
jurisdictions.
He has particular experience across
Africa in the mining, oil and gas,
power, infrastructure and insurance
sectors, and has worked for both
private and state parties.
He has built a track record leading
teams and winning cases under the
ICC, LCIA, and UNCITRAL rules as
well as at ICSID and in the English
High Court. Maurice successfully
represented investors in 3 ICSID
arbitrations against The Gambia
concerning a mining dispute and the
wrongful termination of offshore oil
exploration and production licences.
Peter Kasanda
Partner, Dar es Salaam
T: +255 768 983 003
E: peter.kasanda@clydeco.com
Peter manages Clyde & Co’s East Africa transactional practice from our Dar
es Salaam, Tanzania office. He has a wealth of experience advising on
projects in Africa including advising on the structuring of investments to
ensure arbitral protection.
He has successfully closed several projects in the infrastructure, telecoms,
mining, energy and power sectors on the continent, acting for lenders (both
commercial and development finance institutions), consortia and project
companies.
Prior to joining Clyde & Co, Peter worked at the African Development Bank
where he advised on African finance projects.
Peter has recently advised various independent oil & gas companies on
issues relating to a USD 18 billion LNG plant and advised the South African
Government on standardisation of Private Finance Initiative Contracts.
THE TEAM
The Partners are supported by a team of experienced lawyers
qualified in both common and civil law jurisdictions including
England and Wales, France, the US, Spain and Brazil. The team has
experience of resolving disputes involving African parties across a
range of sectors, with a focus on the mining, energy, infrastructure
and insurance industries.
KEY CONTACTS
Peter Hirst
Partner, London
T: +44 (0)20 7876 4425
E: peter.hirst@clydeco.com
Peter is the Co-Chair of the global
arbitration group. He has arbitrated
and litigated in more than 50
international jurisdictions, from
Africa, the Far East, Middle East,
Central Asia, US and South America,
where he has broad experience in
all arbitral institutions and areas of
commercial law, particularly energy,
insurance, mining and infrastructure.
Peter has arbitrated in Africa. For
example, he was lead counsel on
a series of LCIA arbitrations and
associated English and Zambian
court proceedings involving copper
mining output contracts in Zambia.
Peter is listed in The Lawyer
magazine’s Hot 100 lawyers for
2016. He is noted in Chambers as
“proactive and streetwise” and “an
excellent negotiator, who knows how
the industry works”.
CLYDE & CO LLP ARBITRATION 1/3LY
SPECIAL ISSUE ON AFRICA, 4 (2015)
1
Foreign direct investment inflows into Africa increased from
USD 9.1 billion in 20001
to USD 51 billion in 2014.2
FDIINFLOWSINTOAFRICAIN2014
An increase in the amount of foregn investment will often be
accompanied by an increase in the number of disputes.
When considering an investment in a developing African country,
foreign investors should be particularly aware of the numerous risks
(eg legal, social, political and economic), that may arise throughout
the course of investment.
1 UNCTAD World Investment Report 2001
2 UNCTAD World Investment Report 2015
INVESTMENT IN AFRICA
North Africa
West Africa
East Africa
Central Africa
USD 11.5 billion
USD 12.8 billionUSD 12.1 billion
USD 10.8 billion
USD 6.8
billion
Southern Africa
Arbitration is an increasingly popular mechanism for the
resolution of disputes and in recent years the world’s major
arbitral institutions have registered hundreds of disputes
involving African parties.
WHAT IS ARBITRATION AND HOW CAN IT HELP?
When structuring an investment in an African country, investors
should consider the protections that are available against the
particular risks that they face. Providing for the resolution of disputes
by arbitration can allow investors to protect against certain risks
which are present in a number of African jurisdictions.
Key features and benefits of arbitration:
– Neutral venue: the parties can resolve their dispute in a neutral
forum which is not affected by the perceived bias of the parties’
respective home-state courts
– Enforceability of arbitral awards: there are a number of binding
international instruments which facilitate the recognition and
enforcement of arbitral awards, the most important of which is
the Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (the “New York Convention”)
– Competence and expertise: the parties can choose arbitrators
based on their knowledge and experience of specific sectors,
industries, and types of transaction
– Flexibility: the parties can tailor all aspects of the procedure to suit
their requirements including issues such as disclosure and the
number of submissions
– Confidentiality: the arbitral process is usually private and
confidential
ARBITRATION -
PROTECTING YOUR
INVESTMENTS IN AFRICA
www.clydeco.com
Clyde & Co LLP
Clyde & Co LLP is a limited liability partnership
registered in England and Wales. Authorised and
regulated by the Solicitors Regulation Authority.
© Clyde & Co LLP 2016
CC009325 - January 2016
Clyde & Co

4. Shelley Hutchin
Design
Clyde & Co
2016 Re-design
M&A Growth global brochure -
A4, perfect bound, litho printed,
Matt Laminate cover
Annual growth report for soft commodities
44
The market for protection against cyber
threats presents significant growth
opportunities but also challenges. As holders
of significant amounts of customer data it is
vital that insurers get their own houses in
order, especially in light of new EU rules that
represent the biggest change to data
protection in over a generation.
Mark Williamson, Partner, London
1in5
P&C insurers have yet to apply
big data advanced analytics to
any function

5. Shelley Hutchin
Design
Clyde & Co
Sub brand - Projects & Construction
Annual review, A5 brochure, spiral
bound, gloss laminate cover
Sub-brand design
Healthcare brochure requiring new logo utlising keyline
extending into pulse line - simple use of existing brand elements.
Internally printed.
For a more detailed overview on these key developments look
no further than the next page….
Firm Foundations:
a year in review
Legal developments in the UK
construction industry
A finger
on the pulse of

6. BARLOW LYDE & GILBERT LLP | INTRODUÇÃO AO RESSEGURO 98 BARLOW LYDE & GILBERT LLP | AN INTRODUCTION TO REINSURANCE
A reinsured may instruct a broker to act as its agent for the
purposes of negotiating and placing the reinsurance contract
with reinsurers. After the contract has been placed, the
reinsurance broker may act as an intermediary between the
principals for the purposes of transmitting the reinsurance
premiums from the reinsured to the reinsurer, passing on
information and collecting reinsurance claims from the
reinsurers.
The�broker
O�broker
Um ressegurado pode instruir um broker (corretor de
resseguro) para atuar como seu agente na negociação e
colocação do contrato de resseguro com os resseguradores.
Depois que o contrato foi colocado, o corretor de resseguros
pode atuar como um intermediário entre as partes para
efeitos de transmissão dos prêmios de resseguro do
ressegurado para o ressegurador, transmitindo informação e
coletando indenizações de resseguro dos resseguradores.
“A reinsured may instruct a broker to
act as its agent for the purposes of
negotiating and placing the
reinsurance contract with reinsurers”
“Um ressegurado pode instruir um
broker (corretor de resseguro) para
atuar como seu agente na negociação
e colocação do contrato de resseguro
com os resseguradores”
É freqüente mais de um ressegurador participar no
resseguro de um risco específico, com cada ressegurador
aceitando uma parte da exposição. Isso é conhecido como
Mercado de Subscrição: cada ressegurador é responsável
apenas por sua parte do risco, e não pela parte do risco
assumido por outros resseguradores.
O ressegurador está apenas interessado em sinistros diretos
na medida em que afetem a sua responsabilidade perante o
ressegurado nos termos do contrato de resseguro. A relação
de resseguro é ocasionada pelo contrato de resseguro e é
mutualmente exclusiva da relação entre o segurador e o
segurado original. O segurado original não tem interesse
jurídico na relação de resseguro. As responsabilidades e
obrigações entre ressegurador e ressegurado são novas
responsabilidades e obrigações, criadas e reguladas pelo
contrato de resseguro. Elas não são, apesar do que alguma
da terminologia usada no resseguro possa sugerir, uma
simples partilha de uma obrigação existente, embora haja
casos em que alguns elementos do contrato subjacente
possam ser incorporados no contrato de resseguro.
A reinsurer is only interested in the direct losses to the extent
that they affect its liability to its reinsured under the contract of
reinsurance. The reinsurance relationship is brought about by
the reinsurance contract and is mutually exclusive from the
relationship between the insurer and the original insured. The
original insured has no legal interest in the reinsurance
relationship. The liabilities and obligations of the reinsurer and
reinsured are new ones which are created and governed by
the reinsurance contract. They are not, despite what some
reinsurance terminology might suggest, a simple “share” of an
existing obligation; although there are circumstances where
some elements of the underlying contract may be
incorporated into the reinsurance contract.
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 8
BARLOW LYDE & GILBERT LLP | INTRODUÇÃO AO RESSEGURO 76 BARLOW LYDE & GILBERT LLP | AN INTRODUCTION TO REINSURANCE
Reinsurance is the insurance of insurance risk. In the same
way as individuals and companies need insurance to protect
themselves against the risks they face, so insurers need
reinsurance. When an insurer buys reinsurance it is buying
protection against the costs of the claims it may have to meet
under the policies of insurance it has issued. Reinsurance may
be purchased in respect of a single large risk, in connection
with a book of risks or even in respect of the whole account of
a company. We have discussed the different types of
reinsurance more fully below.
The original or direct insurer who purchases the reinsurance
cover is known as “the reinsured” or the “the reassured” (this
latter expression is more common in marine, aviation and life
business). The reinsured may also be described as the
“cedant” or “ceding company”. Where a reinsurer buys
reinsurance for the risks it is itself reinsuring this “reinsurance”
is known as a “retrocession”. The reinsured in these
circumstances will be called the “retrocedant” and the
reinsurer will be called the “retrocessionaire”.
It is not unusual for more than one reinsurer to participate in
the reinsurance of a particular risk with each reinsurer
accepting a proportion of the exposure. This is known as a
Subscription Market; each reinsurer is liable for its share only
and not for the share of the risk accepted by other reinsurers.
What�is�reinsurance?
O�que�é�o�resseguro?
O resseguro é o seguro do risco de seguro. Da mesma forma
como os indivíduos e as empresas precisam de seguros para
se protegerem contra os riscos que enfrentam, também uma
seguradora necessita de resseguro. Quando uma seguradora
compra um resseguro, ela está comprando proteção contra os
custos dos sinistros que pode ter que enfrentar no âmbito das
apólices de seguro que emitiu. O resseguro pode ser
adquirido em função de um único grande risco, de uma
carteira de riscos ou mesmo em relação a todo o portfolio de
seguros de uma seguradora. Discutiremos os diferentes tipos
de resseguro de forma mais completa abaixo.
A seguradora original ou direta que adquire a cobertura de
resseguro é conhecida como "ressegurado" ou
"reassegurado" (esta segunda expressão é mais comum nos
setores de riscos aeronáuticos, marítimo e vida). O
ressegurado pode também ser descrito como o "cedente" ou
“seguradora cedente". Sempre que um ressegurador compra
resseguro para os riscos que ele próprio está ressegurando
este “resseguro" é conhecido como “retrocessão". O
ressegurado, nestas circunstâncias, será chamado de
“retrocedente" e o ressegurador será chamado de
“retrocessionário”.
Introduction
The purpose of this booklet is to provide readers with an introductory guide to reinsurance. The
booklet contains a practical explanation of the principal types of reinsurance including facultative
covers, treaty reinsurance, excess of loss and proportional cover.
The booklet also addresses topics including the function of slips and the formation of the
reinsurance contract, the duty of utmost good faith, policy wordings and conditions, triggers of
coverage, aggregation and common claims provisions. At the end of the booklet there is a
glossary of frequently occurring terms.
Much of what is discussed in the booklet, such as the meaning of facultative reinsurance, is of
universal application, but where specific legal issues are raised, our comments are from the
perspective of English Law.
Introdução
O objetivo desta brochura é fornecer aos leitores um guia introdutório ao resseguro. A brochura
contém uma explicação prática dos principais tipos de resseguro, incluindo cobertura facultativa,
tratado de resseguro, excesso de danos e cobertura proporcional.
A brochura também aborda temas como a função de slips e a formação do contrato de
resseguro, a obrigação de absoluta boa-fé, formulários e condições de apólices,
desencadeadores de cobertura, agregação e regras de pagamento de indenizações. No final da
brochura há um glossário da terminologia mais freqüente.
Muito do que é discutido na brochura, como o significado do resseguro facultativo, é de
aplicação universal, mas onde questões jurídicas mais específicas são levantadas, os nossos
comentários são feitos na perspectiva do Direito Inglês.
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 6
BARLOW LYDE & GILBERT LLP | INTRODUÇÃO AO RESSEGURO 3
BARLOW LYDE & GILBERT LLP | AN INTRODUCTION TO REINSURANCE
The opening up of the reinsurance market in Brazil in 2008 has
made this an exciting time for the region, and for the many
reinsurance companies who have subsequently set up here.
Barlow Lyde & Gilbert LLP, one of the leading global experts in
reinsurance law, established an office in Latin America in October
2009 in response to growth and promise in this region. Based in
São Paulo, our presence in Brazil has allowed us to broaden our
services and extend the reach of our reinsurance, aviation,
international arbitration and marine, energy and trade practices.
I hope that you find this booklet a useful introduction to the
main principles of reinsurance. If you have any questions, please
do not hesitate to contact either myself or Jeremy Shebson
(jshebson@blgsaopaulo.com), our lead partner in São Paulo.
Simon�Konsta
Senior Partner
Barlow Lyde & Gilbert LLP
direct�tel�+44 (0)20 7643 8085
email�skonsta@blg.co.uk
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 2
Shelley Hutchin
Design
Barlow Lyde
& Gilbert
210mm x 210mm
Reinsurance brochure
Bilingual English/Spanish An�introduction�to�reinsurance
Introdução�ao�resseguro
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 1