International Investment Arbitration

The rise of transnational business activity has drastically altered the landscape of cross-border investments. With increasing globalisation and the liberalisation of developing and emerging economies, foreign direct investments are a notable trend in today’s business world. States have reacted to this and often grant a certain level of protection to foreign investors, most commonly through Bilateral Investment Treaties (BIT).

Such BITs are instruments of public international law and allow an investor to apply his rights directly against the state in specific arbitration proceedings, usually at the International Centre for the Settlement of Investment Disputes (ICSID) in Washington. ICSID offers a neutral forum for the settlement of disputes between investors and States excluding the jurisdiction of national courts.

The legal particularities of investor-state relationships and the challenges associated with public and private international law require expertise and experience. The initial structuring of the investment as well as skilled representation in arbitration proceedings are crucial in order to capture the benefits of investment protection. The lawyers of our International Arbitration Practice Group have worked on some of the most prominent investment arbitration cases and can therefore offer specialist advice on all related matters.