Investment treaty arbitration

Withers has a leading specialist practice in international investment law for investments around the world. This encompasses:

  • Representing investors and States as counsel and advocates in international arbitrations between investors and States arising from interference with investors’ treaty rights.
  • Advising Sovereign States on international investment law and national investment law, including treaty and legislation drafting and interpretation.

Investment treaties are binding international agreements between Sovereign States which can provide standards of protection and international arbitration rights to qualifying foreign investors against the State in which they have invested.

Qualifying foreign investors have the right to sue States in international arbitration for treatment that is contrary to investment treaty standards. This includes State conduct that is unfair, discriminatory or expropriatory. In many cases, the investor can sue the State in international arbitration before the World Bank (ICSID) arbitration centre.

 Watch our video on protecting your international investments 

Public international law

We have significant experience as counsel in public international law matters, including State-State proceedings before the International Court of Justice (ICJ) and international law disputes in other fora. Our disputes and advisory work across the field of international law includes issues of sovereignty and boundary disputes, human rights, State immunity, international humanitarian law, the law of international organisations and international environmental law.

Team members' investment arbitration experience includes:

  • Indorama International Finance Limited v Arab Republic of Egypt Counsel of the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a textile factory.
  • ATA Construction v The Hashemite Kingdom of Jordan Counsel of the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a dam construction agreement.
  • EVN AG v The Republic of Macedonia Counsel of 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 distribution.
  • Swisslion v The Republic of Macedonia Counsel of the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a food factory.
  • GEA Aktiengesellschaft v The State of Ukraine Counsel of the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to an energy and petrochemical manufacturing agreement.
  • Adria Beteiligungs v The Republic of Croatia Counsel of 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.
  • MHS Berhad v Malaysia (annulment phase) Counsel of Malaysia in an ICSID annulment involving issues of expropriation and bilateral investment treaties related to a diving and salvage concession.
  • Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v Georgia Counsel of 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.

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