Investment treaty arbitration: how much does it cost? How long does it take?

Investors abroad are increasingly aware of their rights under investment treaties. This is reflected in the rising number of investment treaty arbitrations brought by investors seeking to enforce their rights against states. Having acted in more than 40 investment treaty arbitrations, Allen & Overy is aware that both investors and sovereign states are keenly interested in how much they can expect to pay when bringing or defending these cases, how long the process typically takes, the success rates and the amounts recovered. The firm has carried out a review of 221 public awards and decisions in these cases in order help both investors and states answer these questions and to provide a measure of transparency to potential users of the process.

The key findings of the study are as follows…

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    The ITC has reaffirmed its power to ban electronic transmissions from the US where those transmissions infringe an intellectual property right or are otherwise based on an unfair trade practice.

  • Changes to French takeover rules

    A new French law, the ‘Law to recapture the real economy’ (‘Loi visant à reconquérir l’économie réelle’ or ‘Loi Florange’), was made on 1 April 2014.

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Analysis from The Lawyer

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