Investment Treaty Arbitration
Arbitration | InvestmentWe represent investors and states in investment treaty arbitrations arising from bilateral investment treaties, free trade agreements, and investment contracts before ICSID and other tribunals.
Overview
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.
State Representation We represent sovereign states defending against investor claims. We develop defenses based on regulatory authority, national security, and other grounds. We understand the unique considerations in representing governmental clients. Treaty Analysis Investment claims require careful treaty analysis. We evaluate treaty coverage, assess available protections, and advise on claim viability before initiating proceedings. ICSID Proceedings We handle cases under ICSID Convention and ICSID Additional Facility Rules. We understand ICSID's unique procedural framework including annulment proceedings. UNCITRAL Arbitration Many investment disputes proceed under UNCITRAL Rules. We handle UNCITRAL arbitrations and advise on forum selection considerations. Damages Investment damages involve complex valuation issues. We work with economic experts to develop damages analyses and challenge opposing damages claims.Our Services
international_arbitration
Federal registration and validity opinions
enforcement_arbitration
Federal registration and validity opinions
arbitral_awards_challenges
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
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.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
