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Equator Principles that are adopted by key financial institutions to be extended to further promote human rights
The Equator Principles Association (EPA) has released a third version of the Equator Principles (EPs) for public consultation and comment (available …
Record Award Against Ecuador Demonstrates Willingness of Tribunal to Review State Decisions on Grounds of Proportionality
In an award notified to the parties on 5 October 2012 (the Award), the majority of a three-member arbitral tribunal established under the ICSID …
KLRCA's new i-Arbitration Rules: a new option for Islamic finance parties
The Kuala Lumpur Regional Centre for Arbitration (KLRCA) recently launched an adapted set of its Arbitration Rules for Islamic arbitration at the 2012 …
New Commercial Arbitration Act based on UNCITRAL model law passed by Western Australian Parliament
On 29 August 2012, the Western Australian parliament passed the Commercial Arbitration Act 2012 (WA) (Act) (with ss 1A and 1B commencing on this date and …
Amended Civil Procedure Law is good news for arbitrations in mainland China
An amended Civil Procedure Law of the People’s Republic of China (the “CPL“) (中华人民共和国民事诉讼法) comes into force on 1 January 2013 and introduces some …
Our new firm: Herbert Smith Freehills
Today has seen the launch of our newly merged firm, which combines the market leading practices of legacy firms Herbert Smith and Freehills. The new firm …
OIC investment treaty – investor protection in the Islamic world
One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will …
Kiobel v Royal Dutch Petroleum: a lesson on business and human rights?
On 1 October 2012, the United States Supreme Court will hear further arguments in the case of Kiobel v Royal Dutch Petroleum Co, bringing the issue of …
Sovereignty over Islands and Consequences for Maritime Boundaries: The Dispute over Senkaku/Diaoyu/Diaoyutai Islands
The last few weeks have seen anti-Japanese protests in almost a dozen Chinese cities. Demonstrators took to the streets apparently in response to …
Supreme Arbitrazh Court in Russia publishes reasoning in Sony Ericsson case invalidating unilateral options in dispute resolution clauses
Russia's highest court has issued a decree which potentially invalidates a jurisdiction clause which is widely used by investors and lenders in Russia. …
Upcoming Webinar: Enforcing against state assets – the landscape post-Gécamines and SerVaas
On Thursday 4 October 2012 at 9:30am (UK time) Herbert Smith will be delivering a webinar entitled ‘Enforcing against state assets – the landscape …
Consistently inconsistent: another contrasting decision on 'Most Favoured Nation' provisions, another split decision
In Daimler Financial Services AG v Argentine Republic, an ICSID tribunal considered whether Daimler, a German investor, could rely on the 'most favoured …
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