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Investment Treaty

There are many ways in which we can contribute to the successful resolution of a dispute

When a dispute first arises, it is easy to get locked in to the subjective details of the dispute and lose sight of the eventual destination, whether that be a negotiated resolution (and potentially a continuing commercial relationship) or a decision imposed by a tribunal.  At that early stage, we can provide an objective and independent early assessment of loss, so that you can plan your approach to the dispute more confidently.

Later on, whether or not formal proceedings are under way, we can support you on aspects of the negotiation process.  There is no clear-cut formula for the input that might be needed, and we are happy to be flexible in tailoring our work.  You might need, for example, a paper on loss which can be shown to the other party, or an objective explanation of the financial impact of certain transactions.  With our experience of negotiation and mediation strategy, we can support you through this process.

In the context of formal proceedings, whether they are in Court or before an international arbitration tribunal, we provide expert evidence in three broad areas:

  • The quantification of damages, whether as specific losses or through a business valuation;
  • Financial issues that are relevant to liability and causation; and
  • Providing an objective interpretation and understanding of relevant financial and accounting matters.

Our services are not limited to the parties involved in a dispute: we also accept appointments to tribunals, as arbitrator or as tribunal expert.  And we provide alternative dispute resolution services, as expert determiner or as mediator.

Investment Treaty

We provide expert evidence in bilateral investment treaty disputes and in disputes under multilateral treaties such as the Energy Charter Treaty.  We have significant experience in acting both for claimants (including cases against Mauritius, Egypt, Slovakia, Uzbekistan, Turkey, Czech Republic, Poland) and respondents (including Saudi Arabia, Kenya, Pakistan, Barbados, Venezuela, Croatia, Romania, Czech Republic, Georgia), under ICSID, ICC and UNCITRAL rules.

We can assist at all stages of a dispute, from providing a preliminary assessment of losses or reviewing whether or not the criteria of investment is fulfilled, to assessing damages within the arbitration timetable and giving expert evidence.

Examples of our recent work include:

  • Acted for the Claimant, a property investor, against the State in an ICSID arbitration in relation to an expropriation claim.  Work involved valuing a group of companies and a joint venture in Africa.
  • Gave evidence on behalf of the Claimants in a SCC arbitration relating to an ECT claim in the oil and gas industry for loss and damages against the State of over USD 5 billion.
  • Acting for the State in a large-scale construction project in the Middle East in an ICSID arbitration.
  • Gave evidence on behalf of the Claimants against the State in an ICSID arbitration in relation to claims arising out of the renationalisation of the client’s factory in the Middle East.

If you would like to find out more about our experience in investment treaty disputes, please contact any of our partners.