Investment Treaty Arbitration

We are particularly experienced in advising clients on resolving disputes related to overseas investments.  We represent investors and governments alike in investment treaty arbitrations.  These disputes often arise when a government or governmental agency allegedly interferes with the property rights of a foreign investor. They are often resolved under the arbitration provisions of an investment treaty. We have advised and represented clients around the world in relation to bilateral investment treaties (BITs), NAFTA, the Energy Charter Treaty, the ASEAN Investment Protocol and ICSID.

Highlights of the non-confidential investment treaty (BIT) arbitration experience of lawyers at the firm include:

Representing The Federal Republic of Nigeria in an investment arbitration at ICSID

Representing a Turkish construction company in an Investment Treaty Arbitration

Koch Minerals Sàrl and Koch Nitrogen International Sàrl v Bolivarian Republic of Venezuela  Representing the Claimants in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to the energy industry

MHS Berhad v Malaysia (annulment phase) Counsel of the Respondent in an ICSID annulment involving issues of expropriation and bilateral investment treaties related to a diving and salvage concession

Representing an English company  in enforcement actions related to an investment treaty arbitration award against a State in the English courts

UniCredit Bank Austria AG and Zagrebacka Banka D.D. v Republic of Croatia Counsel to the Republic of Croatia in and ICSID case under the Croatia-Austria bilateral investment treaty regarding State measures to mitigate the unfair impact of Swiss-franc denominated home purchase loans and ensure stability of the home lending market (ongoing)

Allard v Government of Barbados Counsel to Barbados in this dispute brought under the Canada-Barbados bilateral investment treaty concerning alleged breaches of investment protections flowing from alleged State environmental mismanagement of a protected site owned by the investor. Achieved complete dismissal of all claims and $3M in costs to Barbados.

Interocean Oil Companies v The Federal Republic of Nigeria Representing the Respondent in an ICSID arbitration involving issues of expropriation and a domestic investment law related to an oil production sharing agreement

Representing a class of Greek investors in a dispute with Cyprus arising under the 1992 Greece-Cyprus bilateral investment treaty

City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC and Prodiz LLC v State of Ukraine Representing the Claimants in an investment treaty arbitration at ICSID

Progas v Pakistan Representing the Claimants in an investment treaty arbitration under the UNCITRAL Arbitration Rules at the Permanent Court of Arbitration

Allawi v Pakistan Representing the Claimant in an investment treaty arbitration under the UNCITRAL Arbitration Rules at the Permanent Court of Arbitration

Vigotop Limited v Republic of Hungary Representing the Claimant in a bilateral investment treaty case at ICSID

OIEG v Bolivarian Republic of Venezuela Representing the Claimant in a bilateral investment treaty case at ICSID

Fábrica de Vidrios Los Andes and Owens-Illinois de Venezuela v Bolivarian Republic of Venezuela Representing the Claimant in a bilateral investment treaty case at ICSID

Libananco Holdings Co. Ltd v Republic of Turkey Representing the Claimant in an ICSID annulment proceeding challenging an Award which was in the Claimant’s favour

Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v Georgia Representing the Claimant in an ICSID annulment proceeding challenging an Award which was in the Claimant’s favour

Alapli Elektrik BV v The Republic of Turkey Representing the Claimant/Applicant in an ICSID annulment proceeding

UNCITRAL Investment Treaty Arbitration Representing the government of a State in the Americas in an UNCITRAL investment treaty arbitration

UNCITRAL Investment Treaty Arbitration Award Appeal Representing the government of a State in Europe in an appeal of an UNCITRAL investment treaty arbitration award

Adria Beteiligungs v The Republic of Croatia Representing the Respondent in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to a gaming concession agreement

Adria Beteiligungs v The Republic of Croatia (Dutch court challenge) Representing the Respondent in a challenge before the courts of The Netherlands to an UNCITRAL arbitration award which was in the Respondent’s favour

Barmek v the Republic of Azerbaijan Representing the Respondent in an ICSID arbitration involving issues of expropriation, the Energy Charter Treaty and bilateral investment treaties related to a concession agreement for electrical distribution

ATA Construction v the Hashemite Kingdom of Jordan Representing the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a water services concession agreement

ATA Construction v the Hashemite Kingdom of Jordan Representing the Claimant in an ICSID request for interpretation of an Award which was in the Claimant’s favour

ATA Construction v the Hashemite Kingdom of Jordan Representing the Claimant in an ICSID annulment proceeding challenging an Award which was in the Claimant’s favour

Duke Energy Electroquil Partners and Electroquil S.A. v The Republic of Ecuador Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation

Aguas del Tunari S.A. v The Republic of Bolivia (the Cochabamba case) Representing the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for water and sewerage services

Representing a European comapny in asset tracing actions for enforcement of an investor-State arbitration

Eastern Sugar BV v the Czech Republic Arbitrator in an ad hoc UNCITRAL arbitration involving issues of expropriation and bilateral investment treaties related to a foreign investment in the food production sector

EMELEC Inc. v The Republic of Ecuador Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation

GEA Aktiengesellschaft v The State of Ukraine Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to an energy and petrochemical manufacturing agreement

Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v Georgia Representing the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a highway construction and casino hotel services concession agreement

EVN AG v The Republic of Macedonia Representing the Respondent in an ICSID arbitration involving issues of expropriation, the Energy Charter Treaty and bilateral investment treaties related to a concession agreement for electricity generation

Laskaridis v The State of Ukraine Representing the Respondent in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to shipyard and boatbuilding contracts

MCI Power Group L.C. and New Turbine, Inc. v The Republic of Ecuador Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation

Representing a Swiss investor in a dispute with an EU State under a bilateral investment treaty

MCI Power Group L.C. and New Turbine, Inc. v The Republic of Ecuador Representing the Respondent in an ICSID annulment proceeding challenging an Award in the Respondent’s favour

Eurotunnel v France and the United Kingdom Representing the Claimant in an ad hoc arbitration proceeding under the Channel Tunnel Treaty and Concession Agreement in connection with the operation of the Channel Tunnel and the regulation of clandestine migration and anti-competitive conduct

Kilic v Turkmenistan Representing the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a series of construction contracts

P. Gruslin v Malaysia Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a foreign investment in securities

Swisslion v The Republic of Macedonia Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a factory in Macedonia

Enersis S.A. v the Republic of Argentina Arbitrator in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a natural gas distribution concession

Telekom Malaysia Berhad v The Government of the Republic of Ghana (the TMB case) Representing the Claimant in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement and other arrangements relation to fixed and mobile telephony services

UNCITRAL arbitration between an energy sector company and an Eastern European State Representing the Claimant in an arbitration involving issues of expropriation, the Energy Charter Treaty and bilateral investment treaties related to a gas distribution concession agreement

Wena Hotels v The Arab Republic of Egypt Representing the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for hotels and resorts

Empresas Lucchetti S.A. v The Republic of Peru (the Peru Pasta case) Representing the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a pasta factory

Chemtura (Crompton) v. Canada Lead Counsel for Canada in this NAFTA Chapter Eleven (investor-State) dispute involving claims of expropriation, national treatment and Minimum Standard of Treatment violations in relation to imposition of a ban on the pesticide Lindane

GL Farms v. Canada Lead Counsel for Canada in this NAFTA Chapter Eleven (investor-State) dispute involving claims of expropriation, national treatment and Minimum Standard of Treatment violations in relation to supply management laws in the Province of Ontario

Eli Lilly v. Canada Lead Counsel for Canada in this NAFTA Chapter Eleven (investor-State) dispute involving issues of international intellectual property law (patents) and related claims of expropriation/violation of the international Minimum Standard of Treatment

Alapli Elektrik BV v The Republic of Turkey Representing the Claimant in an ICSID arbitration involving issues of expropriation, the Energy Charter Treaty and bilateral investment treaties related to electricity generation concession agreements

St Marys Cement VCNA v. Canada Lead Counsel for Canada in this NAFTA Chapter Eleven (investor-State) dispute involving claims of expropriation and national treatment violations in relation to the environmental designation of lands acquired for a quarry development

AbitibiBowater v. Canada Lead Counsel for Canada in this NAFTA Chapter Eleven (investor-State) dispute involving claims of expropriation, national treatment and the international Minimum Standard of Treatment violations in relation to the nationalisation by a provincial government of lands and related water rights