We represent investors and States in arbitration proceedings based on international investment treaties. We additionally offer advice with regard to investment planning to ensure that foreign investments are optimally protected by investment treaties.
We have comprehensive experience in representing clients in investment arbitration cases. The basis for these proceeding are measures taken by a State which a foreign investor views as constituting an illegal expropriation or other violation of an international investment treaty. The attorneys at Busse Disputes have represented investors as well as States in a variety of such cases.
We have particular expertise with proceedings based on the Energy Charter Treaty (ECT). In addition, the firm's attorneys have also led cases brought under bilateral investment treaties (BITs), including those of the Federal Republic of Germany as well as BITs concluded between other States. The firm is very familiar with all procedural rules that are relevant for investment arbitration (in particular, of course, ICSID but also SCC and UNCITRAL, for example).
Furthermore, we have broad experience with structuring foreign investments. Due to the heterogeneous nature of investment protection law, an investment will not automatically be protected by an investment treaty in all cases. In this respect, investment protection can be optimised through appropriate structuring so that, from the very beginning, an investment is adequately protected from illegal expropriation or other State interventions.