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Results: 1-10 of 94

Negotiating governing law and dispute resolution clauses in international commercial contracts

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • November 24 2010

When negotiating international commercial contracts, it is important that the parties carefully consider their choice of governing law and dispute resolution clauses and that both are expressly set out in the contract

New York Convention enters force in the Democratic Republic of the Congo

  • Herbert Smith Freehills LLP
  • -
  • Democratic Republic of Congo, Global
  • -
  • February 3 2015

Today, 3 February 2015, the Democratic Republic of the Congo became a Contracting State to the New Convention on the Recognition and Enforcement of

ICSID annulment awards: the fourth generation?

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • February 18 2011

Christoph Schreuer, a professor at the University of Vienna, has said that there are "three generations of ICSID annulment decisions"

Breach of fair and equitable treatment standard (ICSID)

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • January 16 2014

In Ioan Micula and others v Romania (ICSID Case No. ARB0520), an ICSID tribunal considered whether Romania was in breach of the Sweden-Romania

Publication of new IBA guidelines on conflict of interests in international arbitration the key changes

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • December 4 2014

On 23 October 2014, the IBA Council passed a resolution adopting the anticipated revision to its &8220;IBA Guidelines on Conflicts of Interests in

Churchill Mining v Indonesia: ICSID Tribunal takes cautious approach to request for provisional measure

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • September 30 2014

On July 8, 2014, a tribunal composed of Professor Gabrielle Kaufmann-Kohler (President), Michael Hwang S.C., and Professor Albert Jan van den Berg

The future of investor-state arbitration

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • November 20 2014

We live in interesting times for investment arbitration. There is wider public engagement with investment protection than there has ever been

Failure to observe treaty's cooling off period results in tribunal declining jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • February 8 2011

In a decision in December 2010, an ICSID tribunal in Murphy v Ecuador ruled that it did not have jurisdiction due to the claimants' failure to comply with the six month "cooling-off" period specified in the US-Ecuador BIT

Potential risks to investors highlighted by two ICSID tribunals declining to recommend provisional protection against criminal investigations

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • January 13 2015

Investors in some states face a real risk of reprisals after commencing investment claims. Reprisals may range from entirely legitimate (albeit

KLRCA’s new i-Arbitration Rules: a new option for Islamic finance parties

  • Herbert Smith Freehills LLP
  • -
  • Global, Malaysia
  • -
  • October 11 2012

The Kuala Lumpur Regional Centre for Arbitration (KLRCA) recently launched an adapted set of its Arbitration Rules for Islamic arbitration at the 2012 Global Islamic Finance Forum