Public International Law and Investment Treaty Disputes
Allen & Overy’s specialist Public International Law team acts for corporations, financial institutions, international organisations, governments and States in all aspects of contentious and non-contentious public international law matters, including investment disputes.
Our market leading practice combines expertise in issues such as title to natural resources, state responsibility and succession, boundary disputes, investment treaty arbitration, trade law and sanctions.
A&O’s advisory work spans the full range of public international law issues, including:
- drafting and negotiation of international treaties and conventions
- investment protection measures
- international sanctions regimes
- privileges of international organisations and state immunity
- recognition of states and state succession
- human rights
- trade law
On the contentious side, we have a pre-eminent investment treaty arbitration practice acting for investors and sovereign States. We have advised on more than 70 investment treaty disputes and a number of ICSID annulment proceedings, and are one of only a handful of law firms to have experience of WTO disputes.
We advise on State-to-State disputes arising under public international law and team members have acted as counsel before international courts and special tribunals, and have also advised States on out-of-court strategies for dispute resolution.
Our experience includes advising:
- A State on its negotiation with the European Union in relation to a comprehensive free trade agreement.
- A Middle Eastern State on the potential reform of its investment treaties.
- The investment arm of a Middle Eastern State in relation to a draft bilateral investment treaty being negotiated with a South American State, and on how best to structure new investment acquisitions in that State.
- Over 30 different international investors, in 12 separate ECT claims (all claims bar one brought at ICSID) against the Kingdom of Spain. The claims relate to investments made in the Spanish renewable energy sector, and retrospective changes by Spain to the regulatory framework. These cases include the first-ever collective, or aggregated, claim brought under the ECT. We have so far achieved significant damages awards for our clients in six of these arbitrations, with others still pending.
- The Islamic Republic of Pakistan in two related claims, brought under the UNCITRAL Rules, arising from alleged interference in gas import operations at a port terminal. The Tribunal dismissed the nearly USD600m claims in their entirety and ordered the claimants to pay nearly 90% of Pakistan’s costs. We successfully defeated challenges to the Award, made by the claimants, in the English courts.
Awards and achievements
- Tier One, Public International Law, Legal 500 UK 2019
- Band 1, Dispute Resolution, Global-wide, Chambers Global 2019
- International Arbitration Firm of the Year, Benchmark Litigation Asia-Pacific Awards 2019
- Best Arbitration Team of the Year in Spain and Portugal, 2019
Highly regarded for its expertise in investment treaty arbitrations. Experienced in arbitrations acting both for and against sovereign states and government bodies.
Chambers Asia-Pacific 2020, International Arbitration, China
Has a great deal of experience acting for both claimants and respondents in investment treaty disputes…Wins further recognition for its thriving sanctions practice and expert advice on sovereign immunity, Energy Charter Treaty claims, WTO matters and EU law.
Chambers Global 2020, Public International Law
Allen & Overy LLP has superlative expertise across the full spectrum of public international law and related matters … Its 'outstanding and hardworking' team is experienced in state-to-state disputes before the International Court of Justice and tribunals under the jurisdiction of the Permanent Court of Arbitration, ICSID, the United Nations Convention for the Law of the Sea and other ad hoc bodies.
Legal 500 UK 2019, Public International Law
Highly rated for its skilful handling of investment treaty disputes on behalf of both sovereigns and investors.
Chambers Global 2019, Public International Law
They have a very strong practice and a deep bench of talent.
Chambers Global 2018, Public International Law
Notable recent successes in high-profile ECT cases showcase capacity to co-ordinate complex investor-state mandates...
Chambers Europe 2018, International Arbitration
News & insights
Publications: 19 NOVEMBER 2020
Aujourd'hui, le 19 novembre 2020, la Cour de justice de l'Union européenne (CJUE) a rendu sa décision très attendue dans l'affaire C-663/18 (Kanavape) jugeant qu’un Etat membre ne peut interdire la…Lire la suite
Publications: 12 MAY 2020
Alors que la crise sanitaire liée au Covid-19 se poursuit, de nombreuses entreprises s'apprêtent à reprendre leur activité dès le 11 mai 2020. Dirigeants et mandataires sociaux s'interrogent sur les…Lire la suite