Cross-border investments entail political risks. This is even more so for large infrastructure projects and investments in highly regulated sectors such as energy, health, chemicals or the financial sector. However, bilateral investment treaties (BITs), free trade agreements (FTAs) and multilateral regimes such as the Energy Charter Treaty and WTO rules oblige States to respect certain fundamental standards in the pursuance of their policies.
Our team offers assistance throughout the life-cycle of cross-border investments, including advice for investors on how to protect their investments in high-risk jurisdictions, representation of clients in pre-arbitral negotiations and arbitral proceedings and the challenge and enforcement of arbitral awards. We also appear before national courts in applications for interim measures, such as injunctions, attachments and orders preserving evidence.
The members of our team have experience in advising and representing investors, governments as well as State entities and State-owned enterprises in disputes concerning, among other issues, concessions, claims for expropriation, stabilization provisions and discriminatory treatment. We often appear in disputes concerning issues of price review, tax treatment, contract termination and consortium relations, both in ad hoc arbitrations and in proceedings under the auspices of the World Bank (ICSID) or other institutions. Some members of our team also act as arbitrators and expert witnesses.