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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

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

ICJ to appoint the presiding arbitrator in the India-Vodafone BIT claim
  • Herbert Smith Freehills LLP
  • India, Global
  • August 8 2016

The International Court of Justice (“ICJ”) will appoint the presiding arbitrator in Vodafone’s BIT dispute with India, it was recently announced. The

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"

Myanmar investment guide - April 2016
  • Herbert Smith Freehills LLP
  • Australia, Global, United Kingdom
  • June 28 2016

After gaining its independence from the British in 1948, Myanmar1 entered a period of armed conflict and political instability. Following a

“We will pay for delays” - ICC clampdown on its award scrutiny process
  • Herbert Smith Freehills LLP
  • Global
  • July 25 2016

On 13 July 2016, the International Chamber of Commerce ("ICC") issued its revised Practice Note allowing for a reduction in ICC administrative fees

Inside arbitration issue: Perspectives on cross-border disputes - July 2016
  • Herbert Smith Freehills LLP
  • China, European Union, Global, Hong Kong, United Kingdom
  • July 2 2016

It is over two and a half years since the International Swaps and Derivatives Association (ISDA) published its Arbitration Guide, which provides both

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

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

ICC arbitration with a Chinese seat, the recent Ningbo decision
  • Herbert Smith Freehills LLP
  • China, Global
  • December 21 2009

There has recently been much speculation about whether a decision rendered by the Ningbo Intermediate Court (the "Ningbo decision") in Zhejiang Province, China may signal the start of a trend towards recognition by the PRC courts of arbitrations seated in China administered by international institutions such as the ICC rather than mainland Chinese arbitration commissions such as CIETAC or the Beijing Arbitration Commission