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Dispute Resolution Kate Knox Partner, London

Dispute Resolution Kate Knox Partner, London. Key features Consensual Reference to independent person(s ) Domestic or international Seat of arbitration Supported by 1958 New York Convention (and local legislation in pro-arbitration jurisdictions)

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Dispute Resolution Kate Knox Partner, London

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  1. Dispute Resolution Kate Knox Partner, London

  2. Key features Consensual Reference to independent person(s) Domestic or international Seat of arbitration Supported by 1958 New York Convention (and local legislation in pro-arbitration jurisdictions) Ad-hoc/administered by an institution Commercial arbitration vs investment treaty arbitration Internationalarbitration – what is it? Protecting Investments in Emerging Markets

  3. Key Advantages of Arbitration Privacy/confidentiality Choice of “judge” Neutral – avoids exposure to “unfriendly” courts Flexibility Scope of document production Finality Enforceable – New York Convention Protecting Investments in Emerging Markets

  4. Investment Treaty Arbitration Treaty between two or more states (BITs/MITs) Designed to create favourable conditions for investment by investors of one State in the territory of the other State Allow for international arbitration against the State Absent a BIT Host State courts Diplomatic channels Contractual arbitration Enforceable globally In 1990, 300 BITs Today, over 2,000 BITs worldwide involving more than 170 countries Protecting Investments in Emerging Markets

  5. Key Protections Under Investment Treaties Unfair & inequitable treatment Discrimination Expropriation/measures tantamount to expropriation Protecting Investments in Emerging Markets

  6. ICSID – Caseload Fiscal Year 2012 31 new ICSID arbitration cases registered under the ICSID convention in 2012 390 ICSID cases to date Highest award to date $1.7bn Arising in all sectors but most commonly: Oil & Gas Electric Power Generation Mining & Minerals Construction Source: ICSID – The ICSID Caseload – Statistics (Issue 2012-2) Protecting Investments in Emerging Markets

  7. Practical Considerations For Foreign Investors Structuring investments to maximise treaty protection Fork in the road provisions in some treaties – litigating could foreclose treaty options Cooling off periods Exhaustion of local remedies Protecting Investments in Emerging Markets

  8. Dispute Resolution Kate Knox Partner, London

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