International Investment Arbitration

Sam Noshadha is practicing substantive protections to foreign investors depending on the international investment agreement upon which their claims are brought. As they are different from the protections afforded by the domestic law of the host State, and at times the protection they afford may be greater.

Most common protections afforded to foreign investors, with respect to which there is a significant volume of publicly-available arbitral jurisprudence by Sam are include:
✓ Protection from expropriation;
✓ Fair and equitable treatment (FET);
✓ National treatment;
✓ Most-favoured-nation treatment (MFN);
✓ Freedom to transfer funds;
✓ Full protection and security

Each of these protections has a defined meaning under international law, although the scope of these protections is always debated, as arbitral jurisprudence is non-binding and merely persuasive.

The investment arbitration agreement may also provide for an ad hoc arbitration (the absence of an arbitration institution that administrates the proceedings). Typically, such ad hoc arbitrations are governed by the UNCITRAL Arbitration Rules. It is said that UNCITRAL ad hoc arbitrations are less expensive than ICSID proceedings, although statistics simply do not support this statement.

Frequently, investors are provided a choice of the arbitral institution they would like to entrust with administering their dispute. This choice depends upon the terms of the arbitration agreement upon which the dispute is brought.

The best known arbitration institution administrating investment arbitrations is the International Center for Settlement of Investment Disputes (ICSID). Based in the USA (headquarter office in Washington D. C.). Other institutions such as the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA) and the International Chamber of Commerce (ICC) also act as arbitration institutions administrating investment arbitrations.

Sam Noshadha also regularly represents investors and states or state-entities in investor-state arbitrations conducted under the rules of ICSID and ad-hoc arbitrations governed by the UNCITRAL Rules.