Our “highly sought-after” investor-State team, part of our GAR 30-ranked global international arbitration practice, is “consistently working on landmark cases of significance” (Chambers UK 2021). The combination of our “sectoral strength, highly skilled practitioners” (Legal 500 UK 2020) and our “especially good understanding of the sensitives involved” (Chambers UK 2020) means we regularly represent clients in high-profile, high-value, and cutting-edge investment treaty arbitration matters.
Our “impressive track record” (Chambers UK 2021) when acting for both States and investors includes representing clients in proceedings under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), and other major arbitral rules and institutions. We have acted in and/or advised on cases under bilateral investment treaties and the investment chapters of multilateral treaties such as the Energy Charter Treaty (ECT) and the North American Free Trade Agreement (NAFTA).
Thanks to our long-standing experience in investor-State disputes, our team “includes some of the most talented and promising individuals … both at partner and associate level” (Legal 500 UK 2021). Our lawyers “have amassed a great depth and strength of expertise and experience,” making them “highly effective and a pleasure to work with” (Legal 500 UK 2019).
We have acted for and achieved significant wins on behalf of both States and investors. On the State side, this includes two successes ranked in The American Lawyer’s Arbitration Scorecard’s “Top 10 Biggest Defense Wins,” defending multibillion-dollar claims brought against the Republic of Kazakhstan. On the investor side, our lawyers have helped clients achieve some of the largest investment treaty awards on record, including awards of US$1.2 billion against Venezuela, US$270 million against Argentina, and US$240 million against the State of Gabon.
We also advise investors on how to structure their investments to maximize protection against host State interference both at the pre-contract stage and in any post-contract restructuring, and we assist States with developing or amending their investment protection regimes to align with their foreign investment goals.
The diverse nature and subject matter of claims handled by our investor-State team covers the oil and gas, construction, transportation, mining, electricity, telecoms, banking, energy (including renewables), and nuclear power industries. Cases include disputes arising out of the regulation of different industry sectors and a State’s right to regulate and investors’ rights to stabilization of the legal regime; privatization and nationalization; the issue of licenses for exploration, exploitation and export; and indirect expropriation claims arising from changes in legislation or alleged breaches of contract between States and investors.
We have experience of: multiple jurisdictional challenges and applications for bifurcation, disqualification challenges, opposing and bringing applications for provisional measures and interim applications(including s.1782 applications), annulment and appeal/set aside proceedings, and enforcement (including issues such as sovereign immunity from suit).
Members of our investor-State team are actively involved in the wider arbitral community, regularly contributing to and hosting events, conferences, and internal and external publications such as Global Arbitration Review’s “The Guide to Challenging and Enforcing Arbitration Awards” and The Law Reviews’ “Investment Treaty Arbitration Review.” Team members also lecture on public international law and arbitration at Brooklyn Law School, KazGUU University, L.N. Gumilyov Eurasian National University, and the Academy of Public Administration under the President of the Republic of Kazakhstan. The team also held a virtual webinar session on the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement with a panel of leading voices from the world of investment arbitration and authorities on ethical standards in arbitration, including the ICSID Secretary-General, an UNCITRAL Senior Legal Officer, and a principal drafter of the Code.
Our practice includes lawyers ranked and recognized in leading legal directories, and featured in Law 360’s Rising Stars and Who’s Who Legal Leaders and Future Leaders. Directories have described our lawyers as “extraordinarily impressive” (Legal 500 UK 2019), “really creative, very persistent,” “a rock star in his field,” “unparalleled in investment law matters,” and note that we fight hard to achieve “excellent results” with “excellent and tireless advocacy” (Who’s Who Legal and Legal 500 UK 2020).
