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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


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


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


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


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


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"


KLRCA’s new i-Arbitration Rules: a new option for Islamic finance parties
  • Herbert Smith Freehills LLP
  • Global, Malaysia
  • October 11 2012

The Kuala Lumpur Regional Centre for Arbitration (KLRCA) recently launched an adapted set of its Arbitration Rules for Islamic arbitration at the 2012 Global Islamic Finance Forum


The relationship between EU law and international investment law
  • Herbert Smith Freehills LLP
  • Global
  • November 17 2010

In two recent investment treaty decisions - AES v Hungary and Eureko v Slovakia - the tribunals had to consider the relationship between EU law and international investment law and came to slightly different conclusions


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


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