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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

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

ICSID - tribunal in Plama v Bulgaria finds no ECT protection for fraudulent investors

  • Herbert Smith Freehills LLP
  • -
  • Bulgaria, Global
  • -
  • November 13 2008

A tribunal of distinguished arbitrators, under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID), recently dismissed all claims brought by Plama Consortium Limited (Plama) against Bulgaria under the Energy Charter Treaty (ECT

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

Selecting your mediator and drafting the mediation agreement

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • August 11 2014

This is the fourth in our series of ADR practical guides, designed to provide clients with essential practical guidance on various processes falling

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"

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

Tribunal places heavy burden on proving standard of fair and equitable treatment under NAFTA

  • Herbert Smith Freehills LLP
  • -
  • Global, USA
  • -
  • October 5 2009

An UNCITRAL tribunal dismissed claims of expropriation and breach of fair and equitable treatment (FET) protection under NAFTA

Med-arb an alternative dispute resolution practice

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • February 28 2012

The practice of combining the mediation and arbitration processes (referred to as "med-arb" below) is known as both "med-arb" and "arb-med", depending on which process was initiated first