Our lawyers have extensive experience in arbitration disputes and have represented clients before the Permanent Court of Arbitration (PCA) and the International Centre for Settlement of Disputes (ICSID), amongst others.
Foreign investors have access to more than one forum for the settlement of investment disputes through arbitration. Among them are the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), domestic courts, ad hoc arbitrations and ICSID arbitrations.
Our lawyers have represented clients in arbitral proceedings in these forums and specialise in ICSID arbitrations.
- ICSID Arbitrations
ICSID is an international institution part of the International Bank for Reconstruction and Development (World Bank) and administers the conciliation and arbitration of international investment disputes. ICSID It is the leading institution for the resolution of international investment disputes.
ICSID was established by Convention on the Settlement of investment Disputes between States and Nationals of Other States, which entered into force on 14 October 1966. The Convention provides for the settlement of disputes between host States and foreign investors. Currently, over 150 States have ratified the Convention. In addition, there is a large number of bilateral and multilateral investment treaties through which States consent to ICSID arbitration. Under the Convention, only contracting states and nationals of contracting states can participate in an ICSID arbitration.Prior to commencing arbitral proceedings before ICSID, there are a number of preliminary considerations that potential claimants must address, which include, amongst other, jurisdictional issues as well as any time bars or limitations to bring an arbitration claim. This necessitates a detailed assessment of the particular circumstances of the case of a potential claimant as well as an analysis of the relevant investment treaty or contract.It is also important for potential claimants to bear in mind that ICSID arbitrations are expensive and, in many instances, lengthy. Thus, potential claimants may consider third party funding
- Arbitration between International Organizations and Private Parties
Our lawyers have participated in arbitrations between international organizations and private parties before the PCA. Remarkably, our lawyers have experience in representing both individuals and international organizations.
We represent clients in national and international arbitrations. Our services include:
- Preliminary case assessment in view of commencing arbitration proceedings
- Advisory services in relation to obtaining third party funding
- Representation in national and international arbitrations, at every stage of the arbitral proceedings
- Negotiation with counterparty prior to and during arbitral proceedings
- Representation in execution, recognition and annulment of arbitral awards proceedings
- Advisory services