There has been much discussion in recent years — and in recent weeks on this blog — of the potential
for investment treaty arbitration to benefit from a «comparative public law» approach.
Acted for a Jordanian investor in three
bilateral investment treaty arbitrations against Egypt in respect of political interference and frustration of a nation - wide integrated customs and shipping monitoring system.
This is demonstrated by the firm's involvement representing ConocoPhillips in an
ICSID investment treaty arbitration against Venezuela as a result of Venezuela's expropriation of three high - value oil investments.
In brief, the approach conceives of
investment treaty arbitration as a form of public law, and calls for tribunals to draw on comparative domestic constitutional and administrative law, as well as other regimes of international public law such as WTO law and human rights law, to give content to the often vaguely - worded standards of typical investment treaties.
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.
Today, the legacy of Abaclat and the availability of mass claims procedural devices in
investment treaty arbitration remain questionable: can mass claims investment arbitration be qualified as «class - like»?
a major energy consortium on claims, taxes and penalties brought by a Kazakhstan Government agency in the Kazakhstan courts relating to production from a large Kazakh oilfield and other contractual and investment treaty arbitration claims
Noiana is civil and common law trained and has acted as counsel and arbitrator in more than 40 high - stakes, cutting - edge commercial and
investment treaty arbitrations conducted under the auspices of the ICSID, ICC, PCA and / or ICDR, and under the UNCITRAL rules in both English and Spanish.
He has acted in a number of high -
value investment treaty arbitrations, including both ICSID and ad hoc disputes under the UNCITRAL rules, acting for both investors and the respondent state.
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.
The firm has more than two decades» worth of experience advising clients on transactional mandates such as joint ventures with the Cuban state, as well as representing them in contentious mandates such as
investment treaty arbitration cases.
Perhaps the best examples of this section of the market come from the world of in bilateral
investment treaty arbitration where claimants are almost invariably «Davids» because «Goliath» (the respondent state) has expropriated their assets.
We are particularly skilled in the field of International Centre for Settlement of Investment Disputes arbitration — our team has extensive experience successfully
concluding investment treaty arbitrations both for and against sovereigns in disputes under bilateral investment treaties and similar instruments, including the Energy Charter Treaty.
I'd submit that
while investment treaty arbitration may in certain respects bear analogy with public law, and there may be much to be gained from viewing it in this way, it is vital not to lose sight of its public international law character.
Argentina has agreed a settlement relating to five
investment treaty arbitration awards, made between 2005 and 2008, pursuant to which it was ordered to pay a total of over US$ 450 million plus interest.
Indeed, this newly - uncovered investment treaty award — only the second ever (currently) known to be rendered, following AAPL v Sri Lanka in 1990 — contains intriguing indications that the comparative public law approach is a practically useful one
for investment treaty arbitration.
Public international lawyers, by contrast, tend to emphasize the embeddedness
of investment treaty arbitration in a public world order that imposes constraints on State conduct under international law.
Securing a $ 380m award for Burlington Resources, Inc. (ConocoPhillips) in an ICSID contractual and
investment treaty arbitration against Ecuador following Ecuador's imposition of royalties on extraordinary revenues, and reducing Ecuador's $ 2bn environmental counterclaim to an award of $ 40m in its favor.
Christiane's professional career includes in excess of 7 years» post-qualification experience in international arbitration, including
bilateral investment treaty arbitration, cross border litigation and large scale investigations.
In recent years, he has appeared in cases before the Supreme Court, Court of Appeal, all divisions of the High Court, and in large value commercial and
investment treaty arbitrations under a wide variety of institutional rules.
The 2011 decision on jurisdiction and admissibility in Abaclat and Others v Argentina has started a discussion about mass claims processes
in investment treaty arbitration.
The debate on the future of
investment treaty arbitration is an important one, and the mission of SCC will continue to be to support an informed discussion.
According to the site, it provides access to all publicly available investment treaty awards along with information and resources relating to investment treaties and
investment treaty arbitration and links to further resources.
Qureshi begins by setting out the background to
investment treaty arbitration and provides some interesting ICSID caseload statistics and provides useful research tools.