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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 and arbitration, with Licences, permits and regulators, Business insurance and Contracts and commercial law.

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 and arbitration, 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. Kenya WONE Global Partner James Ngochi Ngugi · Managing Partner Brief this Partner →
  4. Poland WONE Global Partner Andrzej Zacharzewski · Partner Brief this Partner →
  5. Saudi Arabia WONE Global Partner Abdulrahim bin Saleh Al-Zahrani · Founding Partner & General Manager Brief this Partner →
  6. Zambia WONE Global Partner Reagan Blankfein Gates · Managing Partner Brief this Partner →
  7. India On request Availability confirmed before any work begins Bring a requirement →
  8. Singapore On request Availability confirmed before any work begins Bring a requirement →
  9. United Arab Emirates On request Availability confirmed before any work begins Bring a requirement →
  10. United Kingdom On request Availability confirmed before any work begins Bring a requirement →
  11. United States On request Availability confirmed before any work begins Bring a requirement →

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

Dr. Silvia Patricia MaccariPalermo · Argentina

WONE Global Capability Partner · Argentina

Dr. Silvia Patricia Maccari

Lawyer · Maccari Adam & Asociados · Palermo

She is a lawyer, graduated from the Faculty of Law and Social Sciences of the University of Buenos Aires. She took his first steps in the nation's judiciary, in the National Labor Court, where he developed a rapid caree…

Andrzej ZacharzewskiKraków · Poland

WONE Global Capability Partner · Poland

Andrzej Zacharzewski

Complete profile

Partner · Zacharzewski & Partners Law Office · Kraków

Attorney at Law. Co-founder of the law firm. Provides litigation services to banks and advises corporate clients in international trade. Supervises the work of the Litigation Department and the International Desk. Chair…

Reagan Blankfein GatesLusaka · Zambia

WONE Global Capability Partner · Zambia

Reagan Blankfein Gates

Managing Partner · Reagan Blankfein Gates Legal Practitioners · Lusaka

Reagan started his career in practice at Mainza & Company where he had interned while pursuing a bar qualification at the Zambia Institute of Advanced Legal Education (ZIALE) in 2008. Upon being called to the bar, Reaga…

Katherin Diaz VelillaBogotá · Colombia

WONE Global Capability Partner · Colombia

Katherin Diaz Velilla

Complete profile

Co-Founder · V&V Associates · Bogotá

International tax attorney and strategic advisor with 12+ years across Colombia's DIAN, Ministry of Finance, Senate, Presidency, and EY. Co-founder of V&V Asociados. Specializes in cross-border tax structuring, transfer…

WONE Global Intelligence

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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™ · Disputes with WONE Global and UNIONE™