A network of over 3,000 bilateral and multilateral treaties provides individuals and businesses with protections in respect of their investments in foreign countries. These protections typically encompass fair and equitable treatment and a prohibition on the expropriation of the investment by the State. Importantly, each of these treaties specifies the right to have disputes resolved in a neutral forum, by independent adjudicators and under publicised rules.
This means that an individual or business that has no direct contractual relationship with a State can nevertheless issue claims under these treaties where the State has acted in a way that violates one or more of the protections afforded to their investments by the treaties, provided that they (i) are a national of the state that is a party to one of the treaties, and (ii) have an investment in another State that is a party to that same treaty.
CANDEY’s international arbitration lawyers are particularly skilled at identifying treaty-based claims on behalf of its clients. They have represented parties in some of the most high-profile treaty-based disputes in recent years, arising from business conducted across the globe, including Europe, Africa, Asia, the Middle East, and the Caribbean.
A significant amount of our team’s representative work has been on behalf of investors, and our experience encompasses cases covering a broad spectrum of industry sectors. Drawing on that experience, our clients’ cases in Investor-State arbitration are always advanced in the most compelling terms, focusing on those areas the arbitral panel are most interested in.
We pride ourselves on a genuinely partner-led representation of our clients which consistently leads to substantial victories.
CANDEY’s lawyers have represented clients in the following Investor-State cases:
Our team also has extensive experience of matters involving the enforcement of arbitral awards in different jurisdictions against States (acting both for and against States), and related post-award court applications. Notable examples of our most recent work in this area includes: