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Investment Treaty Arbitration

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We represent investors and states in investment treaty arbitrations arising from bilateral investment treaties, free trade agreements, and investment contracts before ICSID and other tribunals.

Protecting International Investments

Foreign investments are protected by a network of bilateral investment treaties, multilateral agreements, and investment contracts. MC Law's Investment Treaty Arbitration practice represents investors and states in disputes arising from these protections.

Investor Representation

We represent investors pursuing claims against host states for treaty violations including expropriation, denial of fair and equitable treatment, discrimination, and breach of investment contracts. We develop claims strategies and advocate before international tribunals.

Services in this practice

Business and Commercial Litigation

Frequently asked questions

Investment treaty arbitration allows foreign investors to bring claims directly against host states for violations of protections contained in bilateral investment treaties, multilateral treaties, or investment contracts, typically before ICSID or under UNCITRAL Rules.

Common protections include fair and equitable treatment, protection against expropriation without compensation, full protection and security, non-discrimination (national treatment and most-favored-nation treatment), and the right to transfer funds freely.

A qualifying investor who has made a qualifying investment in a host state that is party to an applicable treaty. Nationality, corporate structure, and the definition of investment under the treaty are threshold jurisdictional requirements.

The primary remedy is monetary compensation for losses caused by treaty violations. Restitution is available in principle but rarely ordered. Tribunals may also award interest, costs, and declaratory relief depending on the circumstances.

ICSID provides a self-contained system with its own annulment mechanism instead of court review, immunity from local court interference, and automatic enforceability of awards in all ICSID member states without the need for New York Convention proceedings.

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Our team

People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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