Investor-state, investment or BIT arbitration concerns governments and State-owned enterprises in international arbitrations involving claims brought against them by foreign investors under bilateral and multilateral investment treaties, investment contracts and national investment laws.
We represent multinational companies as claimants, and governments as respondents in disputes arising under international trade agreements and investment treaties. We regularly provide representation and advice to clients in Investor-State proceedings under the auspices of major international arbitral institutions, including ICSID and ICC. In addition, we have extensive experience handling ad hoc Investor-State arbitration proceedings under the UNCITRAL rules.
- Acting for a national state-owned East Asian petroleum corporation in connection with allegations of fraudulent preparation of trading contracts by a counterpart in another nationally owned petroleum corporation in the same region; arbitration proceedings before the International Chamber of Commerce worth over US$100 million were commenced in London under English law.
- Claim relating to fraudulent misprocurement of a state contract with a national port authority in a west-African post-conflict state; arbitration proceedings before the London Court of International Arbitration relating to payment of bribes, followed by advice and representation on legal proceedings before the High Court in London and enforcement proceedings in Washington, DC.
- Representing a unit of Russian local government in a complaint of judicial expropriation of that entity’s interest in a major oil refinery by the government of a neighbouring state; advice and representation in relation to investment treaty arbitration proceedings.
- Claim relating to judicial expropriation of real estate assets in the centre of a major Eastern European capital relating to inconsistent commercial and administrative proceedings pursued by differing political interests.
- Acting for a major Russian entrepreneur in a complaint of government expropriation of his assets; multiple proceedings in offshore jurisdictions as well as arbitral proceedings before the London Court of International Arbitration, worth US$250 million.
- Acting for the Government of the State of Kuwait in proceedings before the UN Compensation Commission, relating to clean-up costs after the First Gulf War.
- Acting for the Government of a West African country in an arbitration matter worth approximately US$50m, arising out of a cancelled BOT contract to manage the country’s national port facilities.
- Acting for a major Russian oil company in investment treaty disputes with Ukraine concerning judicial expropriation of a joint venture refinery, involving claims worth several hundred million US Dollars.
- Representation of an international bank in the Balkans in a complaint before the European Court of Human Rights regarding judicial expropriation of property.
- Acting for a major Eastern European steel company in a complaint before the European Court of Human Rights regarding government expropriation of contractual rights through corrupt insolvency proceedings in respect of a state-owned company.