Bilateral investment treaty disputes

Recent examples of our involvement in bilateral investment treaty disputes include representing:

  • ConocoPhillips in an ICSID arbitration against Venezuela in respect of investments in the Orinoco Belt and the Gulf of Paria. Because of its political and legal significance, this decision will be carefully watched by international oil companies and states around the world;
  • Nomura's UNCITRAL Rules arbitration against the Czech Republic over the failure of a prominent Czech bank in which a Nomura subsidiary was a majority investor;
  • World Duty Free v The Republic of Kenya, in which we obtained an award from an ICSID tribunal dismissing a $500m claim under an investment contract against Kenya. The award is the first successful strikeout of an ICSID claim on non-jurisdictional grounds;
  • a major international mining company on its rights under international law and applicable bilateral investment treaties with respect to violations of a tax stabilisation regime; and
  • in 10 of the approximately 30 cases brought by investors against Argentina for losses suffered in Argentina’s 2002 economic crisis, including claims by CMS Gas Transmission Company, BG Group, National Grid, Gas Natural SDG, Vivendi, GDF Suez and Total.

News

Elie Kleiman appointed Managing Partner for the Freshfields Paris office View

Freshfields scores major win in Energy Charter Treaty arbitration View

Briefings

Hong Kong ICC award set aside for procedural irregularity  View

Investments in Libya: potential claims under bilateral investment treaties and political risk insurance policies  View

Awards

Regulatory team of the year - JUVE Awards (2009)

Dispute resolution law firm of the year - JUVE Awards (2008)

View all awards