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Investment Arbitration and Treaty Protection

Protecting investments throughout their life cycle

Even investments into relatively stable ‎jurisdictions may be affected by changes in the political and financial landscape. No investor can completely insulate their investment from such changes, but an investor can factor in investment protection across the life cycle of an investment.

We have long held a pre-eminent reputation for ICSID and other investor-state arbitration representations, having advised both investors and governments in a number of high-profile, complex and sensitive investment treaty arbitrations.

We advise our investor clients on how to obtain - and enforce - the best possible protections under investment treaties, investment codes and investment contracts.

Our state clients call on our leading treaty arbitration expertise which includes considerable state representation in investor-state disputes. We have experience of drafting their investment treaties and investment laws, as well as assisting to regulate and manage relationships with investors against the backdrop of their international law obligations.

We help our clients across a variety of industries including energy, mining, telecoms, infrastructure and financial services. Clients value our in-depth knowledge of the political landscape in many regions including Central Asia, Latin America, Africa and the Far East, and our ability to conduct arbitrations in all three of ICSID's official languages (English, French and Spanish).

Our pre-eminent investment treaty arbitration practice is part of our wider public international law offering, and sits alongside our successful international commercial arbitration practice.

INSIDE ARBITRATION

This publication, Inside Arbitration, is intended to give our clients that personal insight by sharing with you the perspectives of our international arbitration partners from across the globe. Our articles look at the global landscape for disputes and dispute resolution, commenting on regional trends in particular markets or sectors or identifying future trends. We also focus on particular points of interest arising from our cases with wider relevance and how, practically, we addressed those issues, often by combining the skills of our practitioners across our global network. There are interview pieces aimed at drawing out some of the truly unique skills and backgrounds of our partners. Finally, we aim to take advantage of our contacts across the global arbitration market to bring our clients the inside track from regional and international institutions.

 

Recent Experience

THE REPUBLIC OF KAZAKHSTAN

Acting in relation to a dispute under the Energy Charter Treaty and associated proceedings, which involved claims of direct and indirect expropriations

THE REPUBLIC OF TUNISIA

Advising in relation to an ICSID arbitration initiated by ABCI Investments Ltd. under the investment law of Tunisia and the Tunisian-Netherlands BIT. This arbitration involved claims arising out of the alleged takeover of claimant's controlling stake in a French-Tunisian bank by duress

BP AND RIO TINTO

Acting in relation to a US$500 million ICSID arbitration brought against them by the Government of the Province of East Kalimantan, Indonesia, arising out of a coal mining project in Indonesia (ICSID Case No. Arb 07/3)

UNITED UTILITIES (TALLINN) B.V. AND AN ESTONIAN SUBSIDIARY

Advising on an investment treaty arbitration against the Republic of Estonia brought under the Netherlands-Estonia BIT (ICSID Case No. ARB/14/24)

Standard Chartered Bank

Representing Standard Chartered Bank and a subsidiary in two ICSID arbitrations (one under a Bilateral Investment Treaty and one under a Power Purchase Agreement), relating to its investment in a power station in Tanzania

The Kingdom of Spain

Advising in relation to a second investment arbitration under UNCITRAL rules, brought by 88 claimant companies, from 14 investment funds in connection with the regulation of the solar photovoltaic energy sector

Accolades

The team demonstrated great leadership skills, perfect knowledge on the topics of arbitration and international law, a complete understanding of the domestic administrative system and its complexities"

CHAMBERS GLOBAL 2019: PUBLIC INTERNATIONAL LAW

"Herbert Smith Freehills' public international law practice is experienced in acting for both investors and states, giving them an advantage, having seen the dispute play out from both sides."

CHAMBERS UK 2020: PUBLIC INTERNATIONAL LAW

"Top-tier lawyers, excellent experience."

CHAMBERS UK 2020: PUBLIC INTERNATIONAL LAW

'Sought-after group with deep expertise across the PIL field'

CHAMBERS GLOBAL 2018: PUBLIC INTERNATIONAL LAW

"Herbert Smith Freehills LLP is 'rightly respected in the market as a top operator in the field of international arbitration and it has superb, pragmatic and hardworking lawyers at every level"

LEGAL 500 UK 2020

Ranked Top 3 in the world

GLOBAL ARBITRATION REVIEW TOP 30 2020

Insights and updates

16th November 2020
Australia has signed up to the much-touted RCEP free-trade deal of 15 Asia Pacific states...
18th August 2020
The impact of the COVID-19 pandemic has been felt across the globe. States have had...
10th June 2020
Arbitration analysis: This judgment involved a contested application to enforce in Australia a foreign arbitral...
8th April 2020
As states take extraordinary Covid-response measures, we assess potential conflicts with international investment obligations

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