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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


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"


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


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


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


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


Potential risks to investors highlighted by two ICSID tribunals declining to recommend provisional protection against criminal investigations
  • Herbert Smith Freehills LLP
  • Global
  • January 13 2015

Investors in some states face a real risk of reprisals after commencing investment claims. Reprisals may range from entirely legitimate (albeit


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


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


ICSID - tribunal in Plama v Bulgaria finds no ECT protection for fraudulent investors
  • Herbert Smith Freehills LLP
  • Bulgaria, Global
  • November 13 2008

A tribunal of distinguished arbitrators, under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID), recently dismissed all claims brought by Plama Consortium Limited (Plama) against Bulgaria under the Energy Charter Treaty (ECT