Investment Treaty Arbitration

We have a leading specialist investment arbitration practice advising both investors and sovereign states as counsel and advocates. The businesses with which we work make investments around the world. They often call on us to ensure these are adequately protected from commercial and political risk in the context and framework of international investment law.

The predominant focus of our investment treaty practice is representing our clients on investment arbitrations, particularly under ICSID and UNCITRAL arbitration rules. We have a stand-out practice advising Governments on drafting investment treaties.

Our established investment treaty arbitration practice is grounded in the extensive expertise and strong track record of our dedicated team. Our team has advised on some of the highest profile and most complex investment treaty arbitration matters and is highly regarded in the field. Our practice spans investment disputes around the globe.

‘The framework that allows international investors to have recourse to binding arbitration in a neutral forum for disputes with host states remains a central feature of the investment treaty architecture,’ explains Hussein Haeri, international arbitration partner.

Current and recent cases include acting for a Chinese investor in a PCA-administered investment treaty claim valued at over $1 billion against an African State under the UNCITRAL Arbitration Rules; representing the Government of Ukraine in a PCA-administered arbitration regarding the gaming sector; and representing a European company in the metals sector in an ICSID investment treaty arbitration against a North African State.

Our clients appreciate our ‘deep technical knowledge of investment treaty arbitration’ and ‘clarity of strategic direction’. They laud the team as working ‘with high dedication to achieve a positive result’ and attribute our success to our ‘strong submissions, careful legal and factual analysis, persuasive arguments and excellent advocacy’.

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2019 Legal 500 UK, leading firm for international arbitration

Leading firm for international arbitration

Leading firm for international arbitration

Managing political risk

We are in uncertain political times. Whether economic, personal or otherwise, we can help individuals and businesses take practical steps to reduce their exposure.

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Hussein Haeri combines deep technical knowledge of investment treaty arbitration with clarity of strategic direction and impressive project management skills. He demonstrates excellent customer focus and sound judgement

Thomas Le Feuvre, Head of International Agreements, Government of Jersey

Withers LLP’s ‘client-care is among the best around’. The practice regularly acts in sectors such as infrastructure, oil and gas, and mining; it also has a robust investment treaty practice.

Legal 500, 2017

Hussein Haeri impresses market commentators with his ‘combination of strong litigation skills with expert knowledge in public international law.

Who's Who Legal

Withers LLP has demonstrated a mastery of the law and practice in this field. The investor-state arbitration practice acts in Middle East and Africa matters, particularly in the infrastructure and energy sectors; the firm also has a robust commercial arbitration practice involving parties from CIS countries, as well as related jurisdictions such as Cyprus and the BVI.

Legal 500, 2019

Meet the team

Track record

  • Representing a Mauritian energy company as counsel and advocates in an investment treaty arbitration against Pakistan under the UNCITRAL arbitration rules.
  • Recent cases include representing an international energy company in an ICSID arbitration against a state in Europe and a European company in the manufacturing sector in an ICSID investment treaty arbitration against a North African state.
  • Conducting an extensive project for a Government client advising them on international investment law issues and drafting an innovative model bilateral investment treaty.
  • Advising a Caribbean Government on a range of international investment law issues.
  • Advising a German investor in an ICSID investment treaty arbitration claim in relation to discrimination measures taken by an African State.
  • Advising a government in the Middle East on its investment treaty program.
  • Advising on a dispute over an investment in the energy sector and ICSID investment treaty arbitration claim against a European state. Our client is seeking damages for breach of fair and equitable treatment, expropriation and other treaty standards.

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