Investor State Arbitration
We advise and represent foreign investors, multinational corporations and sovereign states in proceedings arising under bilateral investment treaties (BITs), free trade agreements (FTAs) and investment contracts. Claims in investor-state arbitration involve complex legal, political and economic questions, and we combine international dispute resolution strategy with deep local insight to protect our clients’ interests, whether they are safeguarding an investment or defending a state’s regulatory measures.
Our Services
- Pre-investment due diligence and structuring: assessing the treaties, contracts and domestic regulation that apply to a proposed investment, and structuring it to maximise treaty protection.
- Treaty and contract review, drafting and negotiation: strengthening arbitration clauses in investment contracts to ensure enforceability and clarity.
- Risk assessment and legal advisory: evaluating nationality, compliance and regulatory risks and advising on how to limit exposure to host-state action.
- Claim preparation and filing: notices of arbitration, pleadings, legal arguments, evidence packages and expert reports prepared in line with the applicable rules.
- Full representation during proceedings: acting as counsel for investors or states in presenting arguments, managing evidence, hearings, cross-examination and expert testimony before the tribunal.
- Enforcement strategy and execution: recognition and enforcement of favourable awards under international conventions and domestic law.
- Defence and counter-claims for states: jurisdictional and admissibility objections, defending claims and raising counter-claims where available.
- Post-investment regulatory advisory: compliance, permits, licensing and regulatory change for investors, and treaty-consistent investment laws for states.
Why Choose Us
- Knowledge of international investment law: familiarity with ICSID and UNCITRAL rules and procedure.
- Support across the full lifecycle: from pre-investment structuring through arbitration and enforcement.
- Strategic, client-oriented thinking: protecting long-term interests and managing risk proactively, not only winning the dispute at hand.
- Balanced representation: acting for investors and for states with equal professionalism.
Investor-state arbitration gives neutral, enforceable adjudication of investment claims while balancing investor protection with state sovereignty. Wherever you stand, as investor or state, we are ready to guide you when cross-border capital or treaty-based protections are at stake.
