Ed Poulton

Partner, Baker McKenzie

Ed Poulton is the Managing Partner of Baker McKenzie’s London office. A key name in the arbitration community, Ed's practice focuses on international arbitration and investment treaty arbitration. He sits as an arbitrator in ICC and LCIA arbitrations, and is the consulting editor of a seminal text on the arbitration of M&A disputes. He also has extensive experience managing cross-border litigation. Ed focuses on advising clients on managing risk and resolving disputes relating to investment treaties, financial services and M&A. He is highly experienced in resolving disputes through international arbitration (in which respect he has experience of all of the major arbitral institutions and of ad hoc arbitration) and by other methods including litigation and mediation. In addition to commercial dispute resolution, Ed regularly advises clients in relation to investment treaties and public international law issues. Ed is experienced and knowledgeable in a wide range of sectors, including financial services, energy, infrastructure and manufacturing.

Contributed to

3

Investment treaty arbitration—an introduction

Practice Notes

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.

Arbitration

Protections for foreign investors and investment treaty arbitration

Practice Notes

This Practice Note considers the protections for foreign investors relevant in investor-state arbitrations under bilateral and multilateral investment treaties (BITs and MITs), including fair and equitable treatment (FET), full protection and security, national treatment, most favoured nation and protection from expropriation without adequate compensation.

Arbitration

The meaning of ‘investor’ and ‘investment’ in investment treaty arbitration

Practice Notes

This Practice Note sets out the definitions of investor and ‘investment’ for the purposes of investment treaty arbitration (also referred to as qualifying investors and qualifying investments). It considers the complexities of these definitions including those in respect of holding companies, indirect ownership, nationalities and state ownership.

Arbitration