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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

Developments in agreements to negotiate in good faith
  • Herbert Smith Freehills LLP
  • Australia
  • January 15 2010

In our January 2005 newsletter, we compared the English, New York, Indonesian and French approaches to the obligation to negotiate in good faith

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

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"

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

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

Recent developments in Singapore
  • Herbert Smith Freehills LLP
  • Singapore
  • April 22 2014

As well as the location of many significant construction and infrastructure projects, Singapore is increasingly the preferred venue for the