Transnational Matters regularly advises clients on international investment disputes, law, arbitration, treaties and contracts, and foreign direct investment. When disputes arise between private parties, such as investors and business partners, or between foreign investors and host states, we work to find solutions through negotiation, mediation, and international arbitration.
Our multilingual attorneys have comprehensive knowledge of investment law and substantial experience in investment arbitration, investor-State disputes, and bilateral and multilateral investment treaties. We have a proven history of successfully resolving investment disputes in the leading arbitration forums, including:
- The International Centre for Settlement of Investment Disputes (ICSID)
- ICSID Additional Facility
- The International Chamber of Commerce (ICC)
- The Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- The American Arbitration Association (AAA)
- The London Court of International Arbitration (LCIA)
- The United Nations Commission on International Trade Law (UNCITRAL)
- The Permanent Court of Arbitration (PCA)
Our firm represents both sides in investor-State disputes and regularly acts as counsel on investment law for business clients worldwide. Whether you are involved in an international investment dispute or need advice on structuring an investment to ensure treaty protection, turn to Transnational Matters. Contact our Miami office today to get started.
Representing Clients Worldwide in International Investment Disputes
International investment disputes are becoming increasingly common as more businesses and investors engage in cross-border investment. These disputes often arise from breaches of investment agreements, expropriation, and violations of international investment law.
Fortunately, there are several dispute settlement mechanisms for resolving international investment disputes, including litigation in national courts, arbitration under the rules of various international organizations, and investor-state dispute settlement (ISDS) forums, the most common being the ICSID.
Additionally, many international investment disputes are governed by bilateral or multilateral investment treaties that include provisions protecting investors against unfair treatment by host governments, such as expropriation without compensation and discrimination. Investment treaties also typically include dispute settlement provisions that give investors the right to bring claims against host governments for treaty breaches.
Common Reasons for International Investment Disputes
Expropriation is a common source of international investment disputes. Host governments may expropriate foreign investments for several reasons, including public interest or national security. However, expropriation without compensation or due process can lead to disputes and legal challenges. International investment disputes can also arise from breaches of investment agreements, such as:
- Joint venture agreements
- Licensing agreements
- Distribution agreements.
These agreements may be governed by national or international law, and disputes may be resolved through litigation in national courts or international arbitration.
Ultimately, these disputes require the informed representation Transnational Matters provides. Our attorneys leverage their knowledge of bilateral and multilateral investment treaties and international law to protect investors against unfair treatment by host governments, including expropriation and discrimination.
Resolving International Investment Disputes
Differences in legal systems, languages, and cultures make investment dispute resolution challenging, so having an experienced international arbitration attorney is essential. There are two main types of international investment arbitration: commercial arbitration and investor-state arbitration.
- Commercial arbitration resolves disputes between private parties (e.g. investors, business partners, and suppliers) and is governed by the rules of arbitral institutions, such as the ICC, LCIA, or the AAA.
- Investor-state arbitration is used to resolve disputes between investors and host governments and is typically governed by the rules of international organizations, such as the ICSID or UNCITRAL.
Investor-state arbitration has become controversial over concerns that it gives multinational corporations too much power and undermines the sovereignty of host governments. However, investor-state arbitration remains an effective mechanism for resolving international investment disputes. It provides investors with a neutral and independent forum for resolving disputes with host governments and helps to protect international investments.
Why Transnational Matters?
Given the challenges of resolving international investment disputes and navigating different legal systems and cultural norms, you need the advice and counsel of an experienced transnational attorney. You can trust Transnational Matters to guide you through the process, from drafting arbitration agreements to selecting arbitrators and presenting your case to the arbitrator or arbitral tribunal.
Our attorneys are fluent in several languages, familiar with different cultural norms, and can communicate effectively with parties from diverse backgrounds to bridge these differences and facilitate effective negotiations. When you work with us, we will develop a well-conceived strategic plan for resolving the dispute, assess the strengths and weaknesses of your case, identify potential settlement options, and prepare for the arbitration hearing. Above all, we will guide you throughout the dispute resolution process and protect your rights and interests.
Contact Our Experienced International Investment Law Attorneys
An international investment dispute can threaten your investments, business operations, and reputation. You can depend on Transnational Matters to provide powerful representation and protect your investment. Contact us today for a confidential consultation.