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Results: 1-10 of 254

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


Middle East arbitration highlights from 2016 and future trends for 2017
  • Herbert Smith Freehills LLP
  • Global
  • December 20 2016

The last 12 months have seen a number of important developments in arbitration practice in the Middle East, some comforting to the arbitration


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


Failure to observe treaty's cooling off period results in tribunal declining jurisdiction
  • Herbert Smith Freehills LLP
  • Global
  • February 8 2011

In a decision in December 2010, an ICSID tribunal in Murphy v Ecuador ruled that it did not have jurisdiction due to the claimants' failure to comply with the six month "cooling-off" period specified in the US-Ecuador BIT


Myanmar investment guide - April 2016
  • Herbert Smith Freehills LLP
  • Global, United Kingdom, Australia
  • June 28 2016

After gaining its independence from the British in 1948, Myanmar1 entered a period of armed conflict and political instability. Following a


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


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 draft DIAC rules
  • Herbert Smith Freehills LLP
  • Global, United Arab Emirates
  • November 2 2016

Following changes brought in by a number of other arbitral institutions including the DIFC-LCIA Arbitration Centre, the Dubai International


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


ICJ to appoint the presiding arbitrator in the India-Vodafone BIT claim
  • Herbert Smith Freehills LLP
  • Global, India
  • August 8 2016

The International Court of Justice (“ICJ”) will appoint the presiding arbitrator in Vodafone’s BIT dispute with India, it was recently announced. The