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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


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"


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


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


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


Enforcing awards against states and state-owned entities
  • Herbert Smith Freehills LLP
  • Australia, Global
  • July 27 2012

An important issue for any business engaged in international transactions is the ability to obtain effective relief if they become involved in legal proceedings


The enforceability of dispute board decisions
  • Herbert Smith Freehills LLP
  • Global
  • April 26 2013

Many standard form international contracts specifically, the FIDIC suite of contracts, NEC3 and ICE Contracts each contemplate the resolution of


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


Egypt prevails on “fork-in-the-road” provision
  • Herbert Smith Freehills LLP
  • Egypt, Global
  • June 6 2014

In an unpublished ICSID decision last month (the Decision), reported in Global Arbitration Review and Investment Arbitration Reporter, the Arab