International Investment Treaty Disputes
What is an investment treaty dispute?
Most countries have provided foreign investors with some form of protection from inappropriate state activity, in the form of investment treaties. These may be multi-lateral treaties, such as the North American Free Trade Agreement, or bilateral, negotiated between two individual countries. About 2,500 bilateral investment treaties (BITs) have been agreed upon, involving over 150 countries.
Most forms of investments are covered by the protection of the BITs, including real estate, equity investments and capital projects. Generally, the host governments undertake to give foreign investors:
- fair and equitable treatment – especially when compared to local investors;
- protection from expropriation;
- the ability to transfer funds freely;
- physical security.
BITs specify under which independent international arbitration rules compensation may be determined. Most BITs provide for arbitration under the rules of the International Centre for the Settlement of Investment Disputes (ICSID), which is an agency of the World Bank.
Many also provide for ad hoc arbitration under the UNCITRAL or ICC rules.
The arbitration can be held in a tribunal at a neutral location.
What does Omni Bridgeway do?
Omni Bridgeway funds and manages the solution of the investment treaty disputes. Our experienced and professional legal counsels have assisted several investors recovering their damages due to actions by host governments that breached bilateral investment treaties. Using Omni Bridgeway as a litigation funder and project manager facilitates an efficient process and results in sensible risk and claim management.