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When you face a drug charge, you may be confused over what makes it a federal crime and not a state crime. You may also wonder what the classifications of drugs mean and how that can affect the outcome of your case. There are many aspects you should understand when facing such charges so that you can go to court prepared.
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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.