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Results: 1-10 of 189

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 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"


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


Enforcement of ICSID award
  • Herbert Smith Freehills LLP
  • Global
  • December 22 2014

In recent years, Latin American states have increasingly resisted The International Centre for Settlement of Investment Disputes (ICSID


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


Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. v. Bolivarian Republic of Venezuela: when may an entity be considered a “governmental instrumentality”?
  • Herbert Smith Freehills LLP
  • Global
  • December 18 2014

On 18 November 2014, an ICSID Tribunal in Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. V. Bolivarian Republic of Venezuela, ICSID Case No


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


The new ICDR mediation and arbitration rules what's new and different
  • Herbert Smith Freehills LLP
  • Global, Qatar, USA
  • July 25 2014

The International Centre for Dispute Resolution ("ICDR") is the international arm of the American Arbitration Association ("AAA"). It released its


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