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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

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

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

Expropriation through taxation in which circumstances might there be a remedy under international investment law?
  • Herbert Smith Freehills LLP
  • Australia, Global
  • August 6 2012

The latest chapter in the Yukos saga has just been written

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

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

Record award against Ecuador demonstrates willingness of tribunal to review state decisions on grounds of proportionality
  • Herbert Smith Freehills LLP
  • Ecuador, Global
  • October 15 2012

In an award notified to the parties on 5 October 2012 (the Award), the majority of a three-member arbitral tribunal established under the ICSID Convention has directed the Republic of Ecuador (Ecuador or the Respondent) to pay US companies Occidental Petroleum Corporation (Occidental) and Occidental Exploration and Production Company (OEPC)(collectively, the Claimants) damages in the sum of approximately USD1.77 billion (if interest is taken into account it has been reported that this sum would exceed USD2.3 billion

The rights (and wrongs) of capture: international law and the implications of the GuyanaSuriname arbitration
  • Herbert Smith Freehills LLP
  • Global
  • June 17 2008

If the pen is mightier than the sword, the world will continue to offer glittering prizes to those with stout hearts and sharp lawyers

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