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Results: 1-10 of 227

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


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


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


Investor-State mediations: new mediator competency criteria released
  • Herbert Smith Freehills LLP
  • Global
  • September 23 2016

The International Mediation Institute (IMI) has published "Competency Criteria for Investor-State Mediators", designed to assist with the selection


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"


“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


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


Enforcement of arbitral awards outside of the New York Convention regime
  • Herbert Smith Freehills LLP
  • Global
  • September 2 2008

It is often observed that it is easier to obtain enforcement of an arbitral award in a different state to the state in which the award was made than it is to do the same with a court judgment


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