Investor-State Dispute

 

 

Investor-State disputes are typically resolved through Investor-State Dispute Settlement (ISDS) mechanisms, which can take place in several international arbitration forums. The most common venues for resolving such disputes include:

• International Centre for Settlement of Investment Disputes (ICSID) – Washington D.C. based World Bank Group institution often used for investor-state arbitration under bilateral investment treaties (BITs), multilateral treaties, and contracts.
• United Nations Commission on International Trade Law (UNCITRAL) – Offers flexible arbitration rules and is not tied to any specific arbitration institution.
• Permanent Court of Arbitration (PCA) – Based in The Hague, the PCA administers arbitrations, often using UNCITRAL rules.
• International Chamber of Commerce (ICC) – While mainly focused on commercial disputes, the ICC Court of Arbitration can handle investor-state disputes.
• Regional Arbitration Centers – Disputes may also be handled in regional centers like the Singapore International Arbitration Centre (SIAC) or the London Court of International Arbitration (LCIA), depending on the treaty or contract.

 

These mechanisms enable investors and states to resolve disputes in a neutral forum, often outside either party's domestic courts. Attorney Gabisa has extensively written on the complex nature of international investment treaty dispute resolution. You can access his publication, "The Fate of International Human Rights Norms in the Realm of Bilateral Investment Treaties (BITs)", SMU Scholar ps://scholar.smu.edu/til/vol48/iss2/4/). At Gᴀʙɪsᴀ Lᴀᴡ Fɪʀᴍ, we offer culturally and locally appropriate expertise on investment matters, from due diligence to managing legal and security risks. We provide comprehensive support, guiding you through your international investment transactions from inception to exit.

At Gᴀʙɪsᴀ Lᴀᴡ Fɪʀᴍ, we firmly understand the complexities surrounding public policy and human rights exceptions in investment disputes. However, we are resolute in defending our clients against unlawful, unfair, and arbitrary sovereign takings and expropriations. We recognize the importance of safeguarding investor rights while balancing the broader public interests, and we ensure that our clients' investments are protected from excessive or unjust government actions.

With expertise in bilateral and multilateral treaties, Gᴀʙɪsᴀ Lᴀᴡ Fɪʀᴍ is dedicated to shielding our clients from expropriations that violate international law. We offer strategic and aggressive representation to ensure that our clients are compensated fairly for any sovereign actions that adversely impact their investments, while navigating the complexities of public policy defenses that may arise.

We offer culturally and locally competent expertise on international investment matters, from due diligence to managing legal, political and security risks. We provide comprehensive support, guiding you through your international investment transactions from inception to exit.