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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

The competence-competence doctrine and the enforcement of arbitral awards
  • Herbert Smith Freehills LLP
  • Pakistan, United Kingdom
  • January 25 2011

In our January 2009 newsletter, we reported on the English High Court judgment in Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan

Dispute resolution clauses and the importance of drafting
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

ADR in construction disputes: arbitration and dispute boards are not the only answer
  • Herbert Smith Freehills LLP
  • Japan
  • December 17 2012

Disputes between parties to a construction project are relatively commonplace. Many can be resolved without great difficulty, but this is not always

FIDIC Subcontract 2011: A critique of the alternative dispute resolution procedures
  • Herbert Smith Freehills LLP
  • Japan
  • November 30 2012

In September's Construction dispute avoidance newsletter we considered the long-awaited FIDIC Conditions of Subcontract for Construction of Building and Engineering Works designed by the Employer First Edition 2011 (the "2011 Subcontract"

Arbitration in South Korea: a new phase begins
  • Herbert Smith Freehills LLP
  • South Korea
  • April 8 2013

Whilst the Korean Commercial Arbitration Board ("KCAB") has reported growth in the number of international arbitrations, South Korea is seldom

Enforcing DAB decisions: the Perusahaan saga continues
  • Herbert Smith Freehills LLP
  • Singapore
  • October 31 2014

The case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) 2014 SGHC146 is the latest court ruling in what has become a

Unilateral jurisdiction clauses may not always be effective
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance

Dispute resolution clauses: achieving certainty in contractual drafting
  • Herbert Smith Freehills LLP
  • Japan
  • March 18 2009

An important issue for Japanese parties entering into contracts with international counterparties is the mechanism for the resolution of disputes and in particular, the familiar choice between arbitration and litigation

Arbitration in England: major court decisions of 20112012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 5 2012

This newsletter provides a snapshot of some of the key English judgments of 2011 and 2012 of interest to those involved, or potentially involved, in international arbitrations seated in London and therefore procedurally governed by English law