Investment treaty protection
One of the greatest risks of investing in high-growth markets comes from protectionist states seeking to increase their revenue or popularity at the expense of foreign investors, by seizing their assets, demanding a share of their profits, or otherwise damaging their investment.
We’ve developed innovative strategies that help companies mitigate the risk of doing business in such jurisdictions.
We advise our clients on how to structure their investments in high-risk jurisdictions under the protection of bilateral investment treaties (BITs).
BITs are treaties between two states by which one state commits to protecting investments made by investors of the other state. The key to these treaties is the direct access they provide to international arbitration, and thus a damages claim under international law, against the host state.
That said, to be effective BIT claims need not result in years of arbitration; BIT rights can be used as leverage to compel the host state to enter into a favourable negotiated settlement.
Our experience at the forefront of international arbitration and public international law for over 30 years gives us a unique perspective of the protection available.