Capabilities
International Arbitration

Investor-State Arbitration

Arnold & Porter has one of the world's most active and experienced investor-State arbitration practices. The firm has served as lead international counsel in nearly 60 investment arbitration matters under ICSID, UNCITRAL, and other rules. The firm's reputation and winning track record in the field has been highlighted by numerous publications, including Global Arbitration Review, Chambers Global, and The Legal 500. In recent years we have represented investors from a variety of countries, including Austria, Chile, France, Greece, Luxembourg, and the United States in investment arbitration claims against States in Europe, Africa, North America, and South America, obtaining awards and settlements for hundreds of millions of US dollars.

The practice is even more well known for its experience and track record in representing sovereigns. We have defended States from different parts of the world in investment arbitrations, including Argentina, Bulgaria, Chile, Costa Rica, Czech Republic, Dominican Republic, Ecuador, El Salvador, Guatemala, Hungary, Kyrgyzstan, Panama, Peru, Philippines, Slovakia, South Korea, and Venezuela. Our team has achieved what is likely an unsurpassed record of 28 consecutive favorable results on behalf of sovereign States in investment arbitrations in which we served as lead counsel or principal international counsel (download our brochure). This record of success includes 23 complete victories on behalf of our sovereign clients (resulting in the full dismissal of all claims, at the jurisdictional or merits stages), a discontinuance of all claims by a claimant without prejudice, and three "damages victories" (i.e., cases in which the amount ultimately awarded against our client was minimal in comparison to the amount claimed). In several of the cases, we have also obtained an award of costs for our clients, and even an award of attorney fees.

The firm's successes in proceedings before ICSID—and especially on behalf of sovereign governments—have been highlighted by numerous independent publications. Download our Investor-State brochure.

The firm has also advised sovereign governments on revisions to their national legislation to facilitate the enforcement of arbitration agreements and awards, and with respect to the negotiation of bilateral investment treaties and the investment chapters of free trade agreements.

In addition, the firm remains on the list of preferred providers for investment dispute services of the Republic of Bulgaria (one of two firms), Romania (one of four firms selected for arbitrations under UNCITRAL rules), Republic of Costa Rica, and a South Asian country.

Experience

Karkey Karadeniz Elektrik Uretim A.S Karkey Karadeniz Elektrik Uretim A.S. v. The Islamic Republic of Pakistan (ICSID Case No. ARB/13/1)

Successfully represented Karkey Karadeniz Elektrik Uretim A.S. in an ICSID arbitration.

Czech Republic Eight different investment arbitrations.

Successfully represented Respondent in two investment arbitrations under UNCITRAL rules. Representing Sovereign in six other ongoing investment arbitrations.

Republic of Costa Rica Supervision y Control v. Costa Rica (ICSID Case No. ARB/12/4)

Successfully represented sovereign State in an ICSID arbitration involving a claim for US$ 345 million relating to a concession contract for the safety inspection and emissions control of motor vehicles.

Republic of Chile Victor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)

Representing the sovereign State in an ICSID arbitration involving a claim for $797 million filed by Victor Pey Casado and the Fundación Presidente Allende under the Spain-Chile bilateral investment treaty.

Republic of Panama Transglobal Green Energy, LLC and Transglobal Green Energy de Panama, S.A. v. Republic of Panama (ICSID Case No. ARB/13/28).

Successfully represented sovereign State in an ICSID arbitration involving a claim for US$ 413 million in connection with a purported investment in a hydro-electric power concession.

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Perspectives

Perspectives on CEE and Russian Disputes from the SCC, ICC and LCIA
Perspectives on CEE and Russian Disputes from the SCC, ICC and LCIA
Enforcement of Arbitral Awards and Court Judgments
Resolving Disputes With Companies from Asia: What is the Best Approach?, Chartered Institute of Arbitrators, San Francisco, CA
The Role of Multinational Corporations within the United Nations' Post-2015 Agenda on Sustainable Development
Inter-American Bar Association Executive Council Meeting, Washington, DC
Tools for Comprehensive Dispute Resolution. Rethinking Multi-Tier Dispute Resolution: Effective Use of Mediation and Dispute Boards
Panelist, 13th Annual ICC Miami Conference on International Arbitration, Miami, FL
Investment Treaty Arbitration in its Adolescence: Navigating the Challenges for a Robust Adulthood
Harvard Law School, Cambridge, MA
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Overview

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