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Investment and
Public International Law

Investment disputes require legal representation with a deep understanding of public international law, and how it may relate to national legal systems, as well as the particular procedural complexities of an investment arbitration.  

 

Our lawyers have acted as counsel and tribunal secretaries in over 70 investment arbitrations under the rules of the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL) and the International Chamber of Commerce (ICC).  

 

We have been involved in landmark cases representing both States and private investors in industries such as oil & gas, mining and natural resources, construction, telecommunications, and energy.  

 

We have also advised States in the negotiation of bilateral investment treaties (BITs) and the risk assessment of notices of dispute, as well as counseled companies in the evaluation and preparation of potential claims and settlement proceedings. 

Representative Experience
  • The Republic of Costa Rica in an ICSID arbitration filed by German investors arising from expropriation proceedings relating to the construction of a hydroelectric dam.

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  • South American State in an ICSID case brought by a US investor due to the unilateral termination of an oil exploration and exploitation contract. Over US$ 3,6 billion in dispute.

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  • Central American State in a Geneva-based UNCITRAL arbitration administered by the PCA initiated by a Spanish investor as a result of regulatory changes in the electric power distribution sector. Over US$ 188 million in dispute.

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  • Group of Latin American investors in an ICSID case against a State from the region for the expropriation of a concession contract for the construction, maintenance and operation of a large highway in the country. Over US$ 105 million in dispute.

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  • Central American State in a London-based UNCITRAL arbitration initiated by an Israeli investor regarding taxes and other regulatory measures following the acquisition of 2 power distribution companies. Over US$ 117 million in dispute.

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  • South American investor in an ICSID arbitration against a country from the region due to the imposition of contractual penalties in the construction of a power transmission line. 

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  • Central American State in an ICSID arbitration against a Spanish investor related to the closure of the investor’s food production facilities. Over US$ 100 million in dispute. 

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  • US investor in an ICSID dispute and its subsequent annulment phase against a State from Eastern Europe arising out of regulatory measures on a radio communications business. 

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  • South American State in a PCA arbitration under UNCITRAL rules initiated by a British investor following the revocation of a mining license. Over US$ 385 million in dispute.

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  • Middle East country in an ICSID arbitration brought by investors from the Netherlands for the sale of assets of a large mobile phone company. Over US$ 19 billion in dispute.

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  • Eastern European State in an ICSID arbitration initiated by a German investor concerning the tender for the nationalization of the postal communication authority. Over US$ 400 million in dispute.

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  • South American State in a PCA arbitration under UNCITRAL rules initiated by a Spanish investor after the nationalization of 3 national airports.

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  • Middle East State in 2 UNCITRAL arbitrations before the PCA following the confiscation of real estate property to French investors.  Over US$ 1,8 billion in dispute.

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