Understanding investment treaty arbitration

Please note that we also have subtopics on ICSID arbitration—overview and State immunity and arbitration—overview.

Investment treaty arbitration—an introduction

This Practice Note provides an introductory overview of investor—state arbitration and the key protections offered by bilateral and multilateral investment treaties (BITs and MITs) in respect of investments in foreign states. It sets out an explanation of the kinds of protections afforded to investors under those treaties and how investment disputes are resolved. It gives an outline of common issues in investment treaty arbitration, including who is an investor, what is an investment, jurisdiction, negotiations, interim measures, enforcement and state immunity. It provides an introduction to the International Centre for Settlement of Investment Disputes (ICSID) and to other arbitral bodies which administer proceedings in investment treaty arbitrations.

See Practice Note: Investment treaty arbitration—an introduction.

The meaning of 'investor' and 'investment' in investment treaty arbitration

This Practice Note sets out the definitions of ‘investor’ and ‘investment’ for the purposes of investment treaty arbitration. It considers the complexities of these definitions including those in respect of holding companies, indirect ownership, nationalities and state ownership.

See Practice

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Arbitration News

ECT—provisional amendments and Netherlands withdrawal

The Energy Charter Secretariat has issued a communication regarding recent developments in the Energy Charter Treaty (ECT). It noted that amendments adopted on 3 December 2024, which include modifications to Section C of Annex NI and alterations to other annexes, have been applied provisionally without altering the current legal framework. The Kingdom of the Netherlands has confirmed that its declaration serves solely to affirm the existing legal situation and does not have any legal implications. The communication also noted that the Kingdom of the Netherlands will withdraw from the Treaty, effective 28 June 2025.

LCIA announces new vice presidents and Court members in leadership changes

The London Court of International Arbitration (LCIA) has appointed Utku Coşar and John Fellas as vice presidents of its Court on 22 May 2025, following approval by the LCIA Board. In addition, eight new Court members from seven jurisdictions have been appointed, including representatives from China, Singapore, Belgium, and South Korea. These appointments come after the departure of Paula Hodges KC as president, Christopher Lau SC as vice president, and six other Court members. The new appointees will oversee case management and decision-making under the LCIA Rules.

CIAM-CIAR and AEC sign arbitration promotion agreement

The International Arbitration Centre of Madrid–Ibero-American Arbitration Centre (CIAM-CIAR) and Spanish Association of Consulting Companies (AEC) have entered into a collaboration agreement, aimed to advance arbitration as a specialised and efficient mechanism for resolving disputes within the national business sector. This agreement encompasses training initiatives for ACS members, the development of arbitration clauses tailored to the sector's requirements and the expansion of the court's database with highly qualified professionals in consulting, information technologies, telecommunications and electronics.

Arbitration weekly highlights—22 May 2025

This week's edition of Arbitration weekly highlights includes: coverage of an arbitration-related decision from England & Wales; and updates from ICSID, Ciarb, PCA and SCC Arbitration Institute. All this, and more, in our weekly highlights.