International Investment Arbitration and
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Washington DC International Investment Arbitration & Litigation Attorney
Almost every serious investor dreams of expanding into lucrative, overseas markets. However, as with every great reward, there are risks to be considered. International investment litigation is one of the most common cases that you might become involved in. These high-pressure cases can attract a lot of media attention and may prove especially difficult when dealing with countries known for high levels of corruption and nepotism.

International investment arbitration falls into two different types of arbitration. The first, known as investor-state dispute settlements, involve investors bringing suits against countries they operate in. More often than not, the dispute arises from the host state failing to honor treaty agreements that should offer certain protections, rights and privileges to the foreign investor.

The second type of dispute refers to traditional investments in private foreign organizations much as one might invest in a domestic corporation or limited liability company. If an investment contract is properly structured, it will allow for arbitration before an international arbitrational forum. While these for a have different rules and procedure, they are all intended to provide a fair forum to hear disputes. Some of these for are the International Chamber of Commerce’s International Court of Arbitration, the London Court of Arbitration and the American Arbitration Association, among others.

At Dennis Boyle, Attorney At Law, we represent investors and their organizations. Whether you seek justice, a settlement or both, we look forward to helping you resolve the case in a manner that best suits your interests.

How Does International Investor-State Litigation Work?
The United Nations Commission on International Trade Law and the International Centre for the Settlement of Investment Disputes make provisions for investor-state arbitration. These are the provisions that allow investors to bring an arbitration against a foreign country to answer to allegations of violating multi-lateral trade agreements or bilateral investment treaties.

There are some of the protections investors might accuse host states of violating:
Fair and equitable treatment
Protection from expropriation
Most Favored Nation provisions
National Treatment provisions
Corruption is an ever-present concern in international investment, and the interplay between an investment, government corruption and outright fraud can be complex and difficult investigate, but we have the experience and training to resolve these issues. An arbitral tribunal body hears the case and makes a decision. When investors successfully prove that the host country failed to uphold the relevant treaty or agreement, they can then seek monetary compensation. These settlements can reach millions of dollars.

How Does This Differ From International Commercial Disputes?
The main distinguishing factor is the type of claims addressed in arbitration. Investor-state disputes specifically tackle instances where a host state may have failed to uphold public agreements, such as treaties.

In contrast, ICDs relate to contractual disagreements or breaches. The New York Convention represents the only current legal framework to govern these cases. When investors turn to this option for seeking reparations, the host country’s laws govern the litigation process.

The strength or relevance of the case may also rest on national laws, as opposed to international laws. Subsequently, if the host country acted in accordance with its own laws, it may not need to answer to international law failings during international commercial disputes.

If you are not sure which of these two types of litigations might best suit your current situation, our experienced arbitration lawyer can review your case. You can then proceed knowing what the risks are and how to mitigate them.
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  • Dennis is a very experienced and skilled criminal litigation lawyer. Being both active in the International Bar Association (IBA), I have come to know Dennis as a person very much dedicated to his work and his clients, and with a broad up-to-date knowledge of legal matters.
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Can Either Party Challenge a Settlement?
Like many other types of litigation, when investor-state dispute settlements fail to satisfy one or both parties, either party can attempt to set the award aside. The ICSID allows either party to seek a review of the reward for any of the following reasons:
The challenging party discovered new information that may affect the relevance and fairness of the award and of which the tribunal was not aware at the time of arbitration.
The challenging party raises concerns regarding the scope or meaning of the awarded damages.
The challenging party successfully receives an annulment of the award by an ad hoc committee, separate from the original tribunal.
Note that for this separate committee to successfully reach this decision, the claim must satisfy one or more of the following criteria:
The challenging party proves that at least one member of the tribunal is guilty of corruption.
The arbitration process did not follow established and fundamental procedures.
The awarded settlement included no proper basis for its existence.
The tribunal was not properly formed.
The tribunal exceeded its appointed powers.
Requests for annulments are relatively rare. Between 2004 and 2006, the ICSID received only eight registered requests.

The ICSID prohibits domestic courts in the host country from intervening in these matters and attempting to revise the decisions made by the arbitration courts. There are instances where international laws might not address the grievances of the challenging party. These cases might require pursuing matters at the local levels.
Why Should You Hire Dennis Boyle, Attorney At Law?
International law is one of the most complex legal practice areas, though it can also prove to be one of the most interesting. Our lead attorney, Dennis Boyle, is passionate about international investment litigation and is committed to increasing the chances of you reaching the outcomes you seek.

Investment disputes also rank among the most controversial cases all around the world. This can add to the already mounting pressure and make it difficult to maintain a clear head when pursuing the award you deserve. Having a committed lawyer on the case with decades of experience can help provide some peace of mind to see it through.
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Contact Dennis Boyle, Attorney At Law Today

Dennis Boyle is a former Navy Judge Advocate, First Assistant District Attorney and Special Assistant States Attorney. These and other prestigious positions allowed our lead attorney to gain experience over the course of hundreds of trials, representing clients all across the globe.

Your case deserves a highly qualified attorney. Why settle for less? Contact Dennis Boyle, Attorney At Law, to schedule an appointment.

Practice Areas

White Collar Criminal Defense

Those that find themselves charged with a white collar crime must make sure they have a dedicated defense attorney on their side.
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Investment Arbitration

These high-pressure cases can may prove especially difficult when dealing with countries known for high levels of corruption.
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Securities & Investment Crimes

With these white collar crimes you can face years or even decades of prison time, hefty fines and possibly other criminal charges.
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International Criminal Law

There are many criminal defense attorneys providing legal counsel throughout the Washington, DC area. However, very few of them have the professional experience and legal acumen to handle criminal defense on an international scale.
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Mail / Wire Fraud

Mail and wire fraud are two of the most frequently prosecuted crimes in the US. Both of these crimes are federal felony offenses.
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Fraud Cases

Fraud crimes are often prosecuted much more severely and often involve substantial amounts of money due to the violation of trust.
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Money Laundering

Money Laundering can lead to severe penalties including many years in prison, thousands of dollars in fines and asset seizure.
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Racketeering and Organized Crime

These offenses relate to interference with interstate commerce by threat or violence, interference with organized labor, money laundering, murder-for-hire and illegal gambling.
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Mail and wire fraud are two of the most frequently prosecuted crimes in the US. Both of these crimes are federal felony offenses
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Cyber Crime

Cyber crime is a relatively new and rapidly growing area of law. Too many people, and too many lawyers, think that cyber crimes are just like any other crimes.
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