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Results: 1-10 of 213

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


International Mediation Institute publishes survey results on in-house counsel’s attitudes to mediation
  • Herbert Smith Freehills LLP
  • Global
  • April 16 2013

The International Mediation Institute (IMI), a body which develops global professional standards for those involved in collaborative dispute


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


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"


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


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


Developments down under: the changing landscape of international arbitration in Australia
  • Herbert Smith Freehills LLP
  • Australia, Global, Japan
  • October 9 2015

On paper, Australia is an attractive seat for international arbitration, satisfying many of the "London Principles" devised by the Chartered


ICSID publishes Annual Report for FY 2015 and latest Caseload Statistics
  • Herbert Smith Freehills LLP
  • Global
  • October 16 2015

The International Centre for the Settlement of Investment Disputes ("ICSID") has recently published its Annual Report for FY 2015, which compliments


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