Investment treaty protection and international arbitration rights

Withers has a specialist practice in international investment law for investments around the world. We represent investors and sovereign states as counsel and advocates in investment treaty arbitrations.

What are investment treaties?

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.

Our work

Below are some representative cases in which our team members have been counsel:

  • Mauritian energy companies v Asian State - Counsel of the Claimants in an UNCITRAL arbitration involving issues of expropriation and bilateral investment treaties related to a major energy import terminal;
  • ATA Construction v The Hashemite Kingdom of Jordan Counsel of the Claimant in an ICSID arbitration related to a dam construction agreement;
  • Indorama International Finance Limited v Arab Republic of Egypt Counsel of the Claimant in an ICSID arbitration related to a textile factory;
  • Adria Beteiligungs v The Republic of Croatia Counsel of the Respondent in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration related to a gaming concession agreement;
  • Ossama Al Sharif v Arab Republic of Egypt Counsel of the Respondent in three ICSID arbitrations related to a terminal project, a customs system project and a port development project;
  • MHS Berhad v Malaysia (annulment phase) Counsel of Malaysia in an ICSID annulment 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;
  • 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;
  • BG Group Plc v. Republic of Argentina - Counsel to the United States Council for International Business amicus curiae brief before the U.S. Supreme Court concerning the annulment of an investment arbitration award in the energy sector. 

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