INVESTMENT TREATY ARBITRATION

In the era of emerging political conflicts, investment treaty arbitration can form part of an international lawfare strategy. Increasingly, questions of public international law of paramount importance lie at the heart of the investor-state disputes making investment tribunals an attractive forum for international disputes.

At Gherson, we offer extensive expertise in investment treaty disputes. Our experience includes:

• Representing an Eastern European state in ICSID investment arbitration proceedings connected to the alleged expropriation of the real estate assets;
• Representing an Eastern European state in six investor-state proceedings administered by the PCA (UNCITRAL Arbitration Rules), connected to the alleged expropriation and violation of the treaty FET standard;
• Representing a UK national in an ICSID investor-state dispute against an Eastern European State in connection with the expropriation of his banking business;
• Representing several CIS individual investors in investor-state dispute proceedings connected to the alleged expropriation and violation of treaty obligations of the host State;
• Coordinating set aside proceedings for rendered awards in the national courts;
• Advising an Eastern European national on a potential investment treaty dispute arising out of the alleged expropriation of energy plants;

Our expertise spans numerous industries and specialised sectors, including real estate, energy and infrastructure, aviation business, banking, retail and technology.

In addition to legal representation, we develop strategies to avoid disputes for our clients, help structuring investments to include international investment protection and assess potential claims.

We work closely with renowned experts in this field, ensuring the most comprehensive and reliable advice possible.

Other investor-state disputes

For some clients, investment treaty arbitration may not be a viable option for resolving their disputes with a state. This can happen for a number of reasons, for example, because there is no relevant treaty in place or the protections in a treaty do not apply to them.

We advise clients at early pre-dispute stages to help them pursue claims via a different forum, for example, by lodging a cross-border tort claim, initiating administrative review proceedings or administrative litigation, where possible, before applying to national courts.

Our recent experience in these areas includes working with an UHNW individual to develop the strategy for a complex expropriation claim against foreign state entities.