Our lawyers have been involved in numerous investor-State disputes around the world, representing both States and investors
Investor-state arbitration is a dispute resolution mechanism that allows foreign investors to bring claims against host States for alleged breaches of obligations under investment treaties or contracts. Typically, investor-state arbitration involves the following:
- A foreign investor initiates arbitration against the host State, alleging that the state has violated one or more of its obligations under a treaty or contract (e.g., fair and equitable treatment, guarantees in the event of expropriation). The investor may seek compensation for damages suffered as a result of the breach.
- The arbitration is conducted before a panel of arbitrators, who are usually appointed by the parties or by an arbitral institution. The panel hears evidence and arguments from both sides and makes a binding decision on the dispute, which can be enforced in accordance with the ICSID, New York or other international conventions.
- The decision of the arbitral panel is typically final and binding, and the losing party must comply with the award.
Investor-state arbitration is often used in disputes involving large infrastructure projects, such as oil and gas pipelines, mining operations, or power plants. It can also be used in smaller disputes involving retail, transportation or other sectors.
We have advised investors and States on cases under the world’s major institutional arbitration rules (including ICSID, ICSID Additional Facility, UNCITRAL, SCC, LCIA and ICC rules). We have acted in investor-State disputes involving a wide range of economic sectors and industries, including energy, natural resources, trade and retail, manufacturing, communications, and media.
Our lawyers’ experience in investor-State disputes includes:
- Advising a government in Central Europe on ICSID arbitration arising out of a privatisation project and alleged breach of an international investment treaty, including the preparation of counterclaims against the investor
- Advising a major United States oil company in a multimillion-dollar dispute under UNCITRAL arbitration rules against a former Soviet Union State arising out of a product-sharing agreement
- Consulting a consortium of international energy companies in a multimillion-dollar tax dispute against a State in Central Asia under UNCITRAL arbitration rules
- Advising governments around the world on reforms of investment protection legislation and international investment agreements, including as a part of a project funded by the World Bank and other major international donors
- Acting for a major Turkish construction company in a USD 400 million dispute against the Kingdom of Saudi Arabia arising under the Saudi Arabia-Turkey Bilateral Investment Treaty in relation to a project for the construction of schools in Saudi Arabia
- Acting for Bulyanhulu Gold Mine Limited and Pangea Minerals Limited, subsidiaries of Acacia Mining plc, in a multibillion-dollar mining arbitration against the Government of the United Republic of Tanzania seated in London under the UNCITRAL Rules
- Advising an Italian helicopter design and manufacturing company in relation to a potential arbitration proceeding against the government of India
- Acting for a Spanish natural gas and electrical energy utilities company in an investment-treaty claim against Colombia
- Acting for a group of oil & gas companies in commercial and investment-treaty arbitrations against an African state
Our lawyers regularly speak at events devoted to investor-state arbitration and participate in the UNCITRAL Working Group III: Investor-State Dispute Settlement Reform.
We can offer competitive rates compared to bigger city law firms and put together a team including barristers to fit the needs of your case.
Information about Keidan Harrison’s practice related to enforcement procedures and post-award challenges can be found here.
Meet our specialist team: Investor-State Arbitration
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News & Insights: Investor-State Arbitration
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