Contact
Rafał Bobkiewicz

Phone: +48 (22) 6 96 28 – 00
Fax: +48 (22) 6 96 28 – 01
E-Mail

In today’s world of globalisation, home markets are often becoming too small for local companies so they look beyond national borders for business opportunities. To this end, companies acquire diverse assets abroad in the pursuit of new business ventures and in a bid to increase profitability. 

Such business projects can however be impaired or even halted by certain measures of host states. This includes legislative changes, administrative state or judicial measures, failure of the host state to observe its commitments towards foreign investors and other measures that can be attributed to host states under international law. 

International investment law aims to minimise such political risks and protect foreign investment. The main instruments of international investment law include bilateral and multilateral investment treaties, which together with other sources of international law, such as customary international law, usually offer foreign investors the following standards of legal protection for their investments:

  • Ban on unlawful expropriation
  • Fair and equitable treatment
  • Full protection and security
  • Non-impairment standard
  • Most-favoured-nation treatment
  • National treatment
  • Protection against violation of Investor-State-Contracts and against failure to observe other obligations host states have entered into – the so-called umbrella clause
  • Free transfer of funds
  • Investor’s right to submit a claim to an independent international arbitration tribunal so as to assert investment claims against host states.

Our cross-border expertise
Our expertise extends over all areas of international investment law. Our team of lawyers specialised in international investment law advise and represent national and international companies in their ventures abroad. In this process, we provide services ranging from identifying the scope of legal protection investors enjoy in the host state of their interest, working out optimisation options of the same through to representing investors in Investor-State-Arbitration according to any applicable arbitration rules, such as ICSID, Additional Facility, SCC, ICC, UNCITRAL and in enforcement of arbitral awards. In dealing with economic issues, such as damages assessments, we are strongly supported by our audit team.

Our investment law services
Within the scope of investment law, we offer the following services:

  • Planning of investment protection for prospective investments: identification of the scope of international investment protection for planned investment projects; determination of potential protection optimisation options taking into account any relevant fiscal consequences under both international and national law; proper corporate group planning and implementation of the selected optimisation option(s)
  • Optimisation of investment protection of existing investments: identification of the scope of international investment protection for implemented investment projects; determination of potential protection optimisation options taking into account any relevant fiscal consequences under both international and national law; proper corporate group planning and implementation of the selected optimisation option(s)
  • Assessment of potential investment claims towards host states and recommendations as to actions to be taken
  • Advisory and representation of investors towards host states in matters relating to assertion of investment claims
  • Advisory and representation of investors in investment arbitration proceedings
  • Advisory and representation of investors in enforcement of investment arbitration awards