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Cases · Markets, trade & operations · Market entry, licensing & government engagement

Claim protection under an investment treaty

A government has damaged our investment. Do we have a treaty claim?

WONE Global assesses which treaties cover the investment and what they require, then assembles specialist counsel to give notice, negotiate and, if needed, bring a claim.

Countries in the typical case Germany

The situation

What is happening

A government measure has expropriated or damaged a foreign investment.

What is at stake

Treaty rights depend on how the investment is structured and on notice periods that can be missed.

Who faces this

  • Corporations
  • Private clients and families

A scenario

Renewable energy investorCorporation · from Germany · in Southern Europe

It loses its guaranteed tariff after a regulatory change in the host country.

Where it ends Treaty rights preserved and pressed.

A representative scenario of the work WONE Global coordinates, not a specific client’s matter.

Also asked as “Expropriation of a foreign investment”“Investment treaty arbitration”“A public authority has changed the rules after investment”“An investor's asset has been expropriated by a government”“A government has revoked a critical project concession”“We need to assess investor-state treaty protections”

The solution

How WONE Global handles it

WONE Global assesses which treaties cover the investment and what they require, then assembles specialist counsel to give notice, negotiate and, if needed, bring a claim.

Usually led by Disputes & Resolution, with Government & Regulatory Affairs, Insurance & Risk Transfer and Legal & Contracting.

Step by step, in the scenario

  1. Weeks 1-2Treaty coverage and notice periods checked.
  2. Week 3Notice of dispute.
  3. Months 2-6Negotiation with the state.
  4. ThenArbitration if needed.

Timings are typical. They depend on the countries, the authorities involved and how quickly documents are available.

Decisions

The decisions involved

  1. 01Whether a bilateral investment treaty protects you and through which entity
  2. 02Notice and cooling-off requirements
  3. 03Arbitration, negotiation or political risk insurance claim

Outcomes

What you receive

  • A treaty protection assessment
  • Notice of dispute served correctly
  • Arbitration or settlement strategy

This is a general guide. Your WONE Global professional confirms the work, timing and fees for your markets before anything starts.

Who handles it

Disputes & Resolution, market by market

The status of the lead service in the markets that matter for this case. A named WONE Global Partner acts under their own licence; where none is in place yet, WONE Global confirms availability before anything else.

  1. Germanyin the typical case On request Availability confirmed before any work begins Bring a requirement →
  2. Argentina WONE Global Partner Dr. Silvia Patricia Maccari · Lawyer Brief this Partner →
  3. Australia WONE Global Partner Dimitrios Katsaros · Principal Solicitor Brief this Partner →
  4. Italy WONE Global Partner Alessandro Dagnino · Managing Partner Brief this Partner →
  5. Poland WONE Global Partner Andrzej Zacharzewski · Partner Brief this Partner →
  6. Portugal WONE Global Partner Bruna Prinzo · Managing Partner Brief this Partner →
  7. Saudi Arabia WONE Global Partner Abdulrahim bin Saleh Al-Zahrani · Founding Partner & General Manager Brief this Partner →
  8. United States WONE Global Partner Frederick Miles Adler · Principal Brief this Partner →
  9. Zambia WONE Global Partner Reagan Blankfein Gates · Managing Partner Brief this Partner →
  10. Zimbabwe WONE Global Partner Thompson Mucheki · Managing Director Brief this Partner →
  11. India On request Availability confirmed before any work begins Bring a requirement →
  12. Singapore On request Availability confirmed before any work begins Bring a requirement →
  13. United Arab Emirates On request Availability confirmed before any work begins Bring a requirement →
  14. United Kingdom On request Availability confirmed before any work begins Bring a requirement →

Other markets: WONE Global covers 100 countries. Name yours in the requirement →

WONE Global Intelligence

Ask about doing business across borders

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Discuss this case with WONE Global.

UNIONE™ · Before You Arbitrate™

If this becomes a dispute, test it first.

Test the claim or the defence, the evidence, the exposure and the settlement options before committing to formal proceedings.

For this moment

UNIONE™ is the UNBOUNDED™ Global Ecosystem's institution for cross-border dispute prevention, resolution, arbitration and enforcement. Like WONE Global, it is part of the ecosystem, and the two work as one. Links open theunione.org. Visit UNIONE™