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Results: 1-10 of 273

High Court confirms UNCITRAL Tribunal Award on jurisdiction
  • Herbert Smith Freehills LLP
  • Global, United Kingdom
  • March 16 2017

The High Court has confirmed an UNCITRAL Tribunal's Award on Jurisdiction, which rejected jurisdiction under an investment contract (Contract) and


Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries
  • Herbert Smith Freehills LLP
  • Global, India
  • March 16 2017

The Government of India says it has sent notices to terminate bilateral investment treaties (BITs) with 58 countries, including 22 EU countries. It


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


Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet
  • Herbert Smith Freehills LLP
  • Argentina, Ecuador, Global
  • March 14 2017

Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in


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


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


‘Bare’ arbitration clauses and the extent to which the Singapore court may assist
  • Herbert Smith Freehills LLP
  • Global, Singapore
  • March 9 2017

In K.V.C Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd and another Suit 2017 SGHC 32 ("KVC Action") the Singapore High Court discussed


ADR in Asia Pacific: Spotlight on Indonesia
  • Herbert Smith Freehills LLP
  • Asia-Pacific, Global, Indonesia
  • March 6 2017

We summarise the state of play in relation to ADR in Indonesia and its interplay with adversarial processes like litigation and arbitration. We delve


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


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