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Investment Treaty Arbitration

Treaty Protection Considered Before a Dispute Becomes Foreseeable

Averites advises and represents foreign investors in disputes involving states, government agencies, public authorities and state-owned enterprises.

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OUR APPROACH

How We Advise on Investment Treaty Arbitration

  1. State Conduct That Can Affect an Investment

    International investments may be affected by regulatory changes, government interference, discriminatory treatment, cancellation or modification of licenses and concessions, interference with contractual rights, asset seizure or other exercises of state authority.

  2. Treaty Protection Alongside Contractual and Domestic-Law Remedies

    Depending on how the investment was structured and the international agreements in force, investors may benefit from protections under bilateral or multilateral investment treaties in addition to contractual and domestic-law remedies.

  3. Claims We Advise On

    We advise on claims involving direct and indirect expropriation, fair and equitable treatment, discriminatory or arbitrary measures, denial of justice, breaches of investment agreements and other forms of state interference with protected investments.

  4. Jurisdiction Is Often Central

    Jurisdiction is often central to investment arbitration. We analyze investor nationality, ownership and control, the definition of a qualifying investment, treaty coverage, consent to arbitration and potential jurisdictional objections arising from the structure or timing of the investment.

  5. Attribution and State Responsibility

    We also consider attribution and state responsibility, including circumstances in which conduct by government agencies, public bodies or state-owned enterprises may engage the international responsibility of the state.

  6. Damages Analysis

    Damages in investment disputes can be substantial and technically complex. We work with valuation, financial and industry experts to assess diminution in value, lost profits, historical losses and other appropriate measures of compensation.

  7. Why Treaty Protection Belongs at the Structuring Stage

    Investment protection is most effective when considered before a dispute becomes foreseeable. Our International Dispute Resolution and Investments & Capital Markets practices therefore advise investors on treaty protection and investment structuring before significant capital is deployed, particularly in infrastructure, energy, real estate, technology and other regulated sectors exposed to sovereign or political risk.

  8. A Coordinated Response When Government Action Affects an Investment

    Where government action later affects an investment, we evaluate treaty arbitration alongside contractual remedies, domestic proceedings, negotiations with the state and the practical enforceability of any eventual award.

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Precision across borders. Book a Meeting

New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005 Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011 Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • International investments may be affected by regulatory changes, government interference, discriminatory treatment, cancellation or modification of licenses and concessions, interference with contractual rights, asset seizure or other exercises of state authority.

    • Yes. Depending on how the investment was structured and the international agreements in force, investors may benefit from protections under bilateral or multilateral investment treaties in addition to contractual and domestic-law remedies.

      • We advise on claims involving direct and indirect expropriation, fair and equitable treatment, discriminatory or arbitrary measures, denial of justice, breaches of investment agreements and other forms of state interference with protected investments.

        • Jurisdiction is often central to investment arbitration. We analyze investor nationality, ownership and control, the definition of a qualifying investment, treaty coverage, consent to arbitration and potential jurisdictional objections arising from the structure or timing of the investment.

          • It depends on attribution. We consider attribution and state responsibility, including circumstances in which conduct by government agencies, public bodies or state-owned enterprises may engage the international responsibility of the state.

            • Damages in investment disputes can be substantial and technically complex. We work with valuation, financial and industry experts to assess diminution in value, lost profits, historical losses and other appropriate measures of compensation.

              • Before. Investment protection is most effective when considered before a dispute becomes foreseeable, so we advise investors on treaty protection and investment structuring before significant capital is deployed, particularly in sectors exposed to sovereign or political risk.

                • We evaluate treaty arbitration alongside contractual remedies, domestic proceedings, negotiations with the state and the practical enforceability of any eventual award.