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Exxon Mobil is awarded US$1.6 billion in ICSID claim against Venezuela to be set off against award in parallel contractual arbitration

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

On 9 October 2014, a tribunal of H.E. Judge Gilbert Guillaume (President), Professor Kaufmann-Kohler and Dr. Ahmed Sadek El-Kosheri rendered a final

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 Trans-Pacific Partnership Free Trade Agreement: reorienting trade in the global energy sector?

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • March 13 2014

The Trans-Pacific Partnership (the "TPP") is the major Free Trade Agreement currently being negotiated between the United States, Canada, Australia

Rise in arbitration in the extractive industries

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • December 20 2013

According to a recent report from think-tank Chatham House, arbitration cases have increased nearly fourfold between 2001 and 2010 in the mining

Giving credit where credit is due: the increasing importance of ECAs in energy project finance

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • July 22 2013

The challenges that major energy projects face are many locating the resources themselves, navigating the political, legal and regulatory framework

Why IOCs are paying attention to soft law on human rights

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • June 6 2013

"There is one and only one social responsibility of business to use its resources and engage in activities designed to increase its profits so long

Record award against Ecuador demonstrates willingness of tribunal to review state decisions on grounds of proportionality

  • Herbert Smith Freehills LLP
  • -
  • Ecuador, Global
  • -
  • October 15 2012

In an award notified to the parties on 5 October 2012 (the Award), the majority of a three-member arbitral tribunal established under the ICSID Convention has directed the Republic of Ecuador (Ecuador or the Respondent) to pay US companies Occidental Petroleum Corporation (Occidental) and Occidental Exploration and Production Company (OEPC)(collectively, the Claimants) damages in the sum of approximately USD1.77 billion (if interest is taken into account it has been reported that this sum would exceed USD2.3 billion

Managing corruption risks 5 lessons from recent developments

  • Herbert Smith Freehills LLP
  • -
  • Australia, Global
  • -
  • September 13 2012

Expansion and investment by energy companies into Asia, the Middle East and Africa involves both opportunity and risk, including corruption-related risks and potential enforcement activity

A reminder about the new Incoterms: ICC rules for use in international sales contracts

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • August 20 2012

The International Commercial Terms (commonly referred to as the "Incoterms") are a standardised set of trade terms published by the International Chamber of Commerce ("ICC") for use in international sales contracts

A rock or an island? The significance of Okinotorishima and its status under the international law of the sea

  • Herbert Smith Freehills LLP
  • -
  • China, Global, Japan, South Korea
  • -
  • July 5 2012

Okinotorishima is an atoll in the Philippine Sea