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Investor-State Arbitration

K&L Gates is a go-to firm in the field of investor-state arbitration and public international law. Our lawyers have handled some of the most complex, sensitive, high-stakes investor-state arbitrations that touch upon all corners of the world. We offer a truly international reach combined with the local know-how of our integrated practice platform, industry sector experience, investor-state arbitration, and public international law.
 

We understand most of the relevant evidence is typically available on the ground in the host state and in local language only. We also understand some of the key issues relevant to the investment treaty arbitration may relate to the ongoing or terminated legal proceedings in the host state, and that the prevailing legal and political situation may have considerable impact on the case.

Our team includes lawyers trained and familiar with both civil law and common law systems, issues, and processes, and we speak more than 25 languages. 
 

Our team has experience in matters involving bilateral investment treaties and multilateral investment treaties, including the Energy Charter Treaty. We have acted both for states and investors in a number of proceedings handled under the International Centre for Settlement of Investment Disputes (ICSID) Convention, United Nations Commission on International Trade Law, International Chamber of Commerce, and Arbitration Institute of the Stockholm Chamber of Commerce and in ad hoc arbitrations. Our matters have spanned investor-state arbitrations related to inter alia sovereign debt, energy concessions, power and energy disputes, infrastructure projects, construction and engineering disputes, and joint venture and distribution agreements, among many other sectors.

Understanding the nature of the underlying assets and their impact on damages quantification are essential for eventual success. We assemble a legal team that include partners versed with knowledge in the relevant industry and the quantification of damages in the context of investor-state arbitrations. 

Cybersecurity has recently become an important aspect of investment treaty arbitrations involving certain jurisdictions. Our information security program is best-in-class, setting the standard for firms and multinational corporations alike. Our commitment to the privacy and protection of data is at the forefront of all of our security initiatives.

Our team also has experience handling matters involving public international law, especially concerning treaty interpretation and enforcement issues before various courts and tribunals and involving issues under the U.S. Foreign Sovereign Immunities Act, the ICSID Convention, the New York Convention, the Vienna Convention on the Law of Treaties, and the Vienna Convention on Diplomatic Relations in the areas of sovereign privileges and immunities, treaty law, international human rights, state responsibility, and international trade disputes.

In addition to advising on the conduct of investor-state arbitrations, we offer arbitration advisory and political risk mitigation services, including advice on the structuring of transactions to gain maximum benefit from investment treaty protections. We advise our clients on the strategic use of available international law instruments such as international investment protection treaties, organs of international organizations (such as the European Commission), or human rights instruments. We assist our clients with dispute resolution strategies and arbitration clause drafting and design, political risk assessments, political risk insurance, management and solutions, due diligence and investigations, and other related services. Such planning is vital to our clients’ international and cross-border business and investment interests, marrying with our clients’ requirements for global tax efficiency. Our services involve a wide range of business strategies, as well as human, financial, and legal risk management issues. Navigating international and cross-border risks and disputes is a complex, highly sensitive task with which our lawyers are very familiar.
 

The ‘very experienced’ London international arbitration team at K&L Gates LLP ‘has great international reach’ and is the primary global hub for the firm’s international arbitration cases, which include large-scale and high-value commercial [and] investment treaty arbitrations.

Legal 500 UK 2019

The team has demonstrated an aptitude for arbitrations featuring white-collar crime elements, regulatory investigations and investment treaty overtones. The ‘outstanding’ practice is praised for its ‘seamless and high-caliber service across multiple jurisdictions.’

Legal 500 Asia Pacific 2019

Provides a first-class service within budget and in a timely manner.

GAR 100, 12th Edition
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