The fair and equitable treatment standard requires host states to give foreign investors basic justice, due process, and non-arbitrary conduct. Most bilateral investment treaties and free trade agreements contain it. Moreover, it is among the most frequently invoked protections in investment arbitration. What the Fair and...

A mandatory arbitration clause is a contract provision requiring the parties to resolve disputes through binding arbitration instead of court litigation. Courts generally enforce these clauses under the Federal Arbitration Act and the New York Convention, unless a statutory carve-out applies or a defense such as unconscionability, fraud, or lack of consent...

Letter of credit discrepancies are differences between the documents a beneficiary presents and the terms of the credit. When they appear, the bank may refuse to pay. Under UCP 600, the bank must examine the documents, decide within five banking days, and send one refusal notice listing every discrepancy, or it loses...

Incoterms disputes are disagreements between buyers and sellers over how a trade term allocates delivery duties, transport costs, and risk. Parties resolve most incoterms disputes through negotiation, arbitration, or litigation. Clear drafting prevents the rest: name the correct Incoterms 2020 rule precisely in the sales contract. This guide explains...

A sample arbitration agreement is model contract language that commits both parties to resolve disputes through binding arbitration instead of court litigation. An effective clause names the arbitration rules, the seat, the number of arbitrators, the language, and the governing law. The annotated examples below show how each element works in commercial...

An arbitration provision is a critical component of many contracts, outlining the process for resolving disputes outside of the court system. These provisions play a vital role in international arbitration, translating legal complexities into predictable outcomes for parties involved. Understanding what an arbitration provision entails, along with its enforceability and typical examples,...

The 2026 ICC arbitration rules took effect on June 1, 2026, as published on the official ICC Rules of Arbitration page. They mark a pivotal shift in international arbitration procedure. The updated rules aim to cut costs, shorten timelines, and give clearer guidance to parties and tribunals. Moreover, the new ICC...

ICC vs LCIA is the classic institutional choice in international arbitration. When drafting cross-border commercial contracts, forum selection is critical. It is one of the most consequential decisions corporate counsel must make. Two European-based institutions dominate international commercial arbitration. They are the International Chamber of Commerce (ICC) in Paris and the London...

Investor state dispute settlement (ISDS) gives foreign investors a direct legal remedy when a host government harms their investment. Foreign direct investment is a powerful engine for corporate growth, but investing abroad exposes...