Effectively resolving international disputes in the interest of our clients has been a hallmark of Steptoe's practice for more than half a century. Our worldwide Arbitration & Dispute Resolution Group brings together the firm's established practices in public international law, cross-border litigation, international commercial arbitration, and investor-state disputes. Steptoe lawyers act as counsel and advisors, serving our clients' interests wherever in the world they are engaged, and wherever on the dispute spectrum they lie, be it negotiation, mediation, arbitration, or litigation. In addition, Steptoe lawyers have also served as arbitrators and hold academic appointments in international commercial and investor-state arbitration at leading law schools across the globe.
Our arbitration practice includes:
- Investor-State Arbitration
- International Arbitration
- Public International Law
Steptoe's Investor-State Arbitration Advisory Series
For an introduction to investor-state arbitration and how the treaties that give rise to them can be a useful tool for minimising political risk, please see our advisory on this subject. That advisory is part of Steptoe's Investor-State Arbitration Advisory Series, which outlines key aspects of the investor-state arbitral process and the rights and defences that are frequently raised in this context. If you would like to receive advisories in this series by email as soon as they are published, please click here.
Noteworthy
Chambers Global
- Chambers Global, International Trade/WTO, Global (2008-2022)
- Chambers Global, International Trade: Export Controls & Economic Sanctions, US (2019-2022)
- Chambers Global, International Trade: Trade Remedies & Trade Policy, US (2020-2022)
- Chambers Global, International & Cross-Border Capabilities, International Disputes & Regulation, US (2019-2022)
- Chambers Global, International Trade: CFIUS Experts, US (2020-2022)
- Chambers Global, International & Cross-Border Disputes (International Firms), China (2021-2022)
- Chambers Global, International Trade/WTO (International Firms), China (2019-2022)
- Chambers Global, International Trade/WTO, Asia-Pacific Region (2019-2022)
- Chambers Global, International Trade/WTO, Europe-wide (2019-2022)
- Chambers Global, International Trade/WTO, Europe/Belgium (2008-2017)
Chambers Asia-Pacific & Greater China Region
- Chambers Greater China Region, Corporate Investigations/Anti-Corruption (International Firms) (2022)
- Chambers Greater China Region, International Trade/WTO (International Firms) (2022)
- Chambers Asia-Pacific, International Trade/WTO, Asia-Pacific Region (2009-2023)
Chambers Europe
- Chambers Europe, International Trade/WTO, Europe/Belgium (2008-2023)
Chambers USA
- Chambers USA, International Trade: CFIUS Experts, Nationwide (2017-2023)
- Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2017-2023)
- Chambers USA, International Trade: Trade Remedies & Trade Policy, Nationwide (2017-2023)
- Chambers USA, International Trade, Nationwide (2005-2016)
- Chambers USA, International Arbitration: Enforcement, Nationwide (2022)
Legal 500
- Legal 500 US, International Trade: Trade Remedies & Trade Policy (2023)
- Legal 500 US, International Trade: Customs, Export Controls, & Economic Sanctions (2023)
- Legal 500 US, International Trade: CFIUS (2023)
- Legal 500 US, Dispute Resolution: International Trade (2007-2021)
- Legal 500 UK, Dispute Resolution: International Arbitration (2010-2023)
- Legal 500 UK, Dispute Resolution: Public International Law (2010-2023)
- Legal 500 EMEA, Customs, Trade, WTO & Anti-Dumping, Belgium (2011-2019, 2022)
Law360
- Law360, International Trade Group of the Year (2010-2013, 2015, 2019)
Global Arbitration Review
- Global Arbitration Review, “International arbitration practice that impressed in the past year,” (2016)
- Global Arbitration Review, GAR 100 (2017-2023)
Global Investigations Review
- Global Investigations Review (GIR) 100, Top 30 Firms for Investigations Worldwide (2015-2022)
WorldECR
- WorldECR, Sanctions Law Firm of the Year, USA (2018, 2021), Sanctions Highly Commended Law Firm, USA (2017);
- WorldECR, Export Controls, Law Firm of the Year, USA (2015-2016), Highly Commended Law Firm, USA (2017), Runner-Up Law Firm of the Year, USA (2018)
- WorldECR, Sanctions Law Firm of the Year Runner-Up, Rest of the World (2021)
Asia Legal Business
- Asia Legal Business, Finalist, China Law Awards, International Firm of the Year: International Trade (2021)
- Asia Legal Business, Shortlisted, Hong Kong Awards, Regulation and Investigations Law Firm of the Year (2020)
China Business Law Journal
- China Business Law Award, International Trade (2013 - 2022)
- China Business Law Award, Corporate Compliance (2019 - 2022)
- China Business Law Award, Government and public policy (2022)
- China Business Law Award, Anti-Bribery & Compliance (2015, 2018)
China Law & Practice
- China Law & Practice, International Firm of the Year: Trade Award (2016, 2018-2020, 2022); Shortlisted (2021)
- China Law & Practice, Shortlisted, International Firm of the Year: Regulatory & Compliance (2018, 2021-2022)
Representative Matters
Steptoe has an extensive history of representing both States and investors in investor-State arbitrations and other international law disputes. The Global Arbitration Review awarded Steptoe one of its top prizes at the 2016 GAR Awards, where we won in the category "International arbitration practice that impressed in the past year." In addition, our arbitration team in 2016 received The American Lawyer’s award for "Global Dispute of the Year: Investment Arbitration (Africa)."
By way of illustration, Steptoe's recent experience in investor-State arbitration includes:
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Lead counsel to nine investors in respect of an investment dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty. Clients awarded restitution and damages (alternatively $196 million in damages), plus their full legal costs and interest. During the annulment phase, we successfully resisted Zimbabwe's applications for a stay of enforcement and to have the award annulled. Bernhard von Pezold & Ors v The Republic of Zimbabwe. ICSID arbitration. ICSID Case No. ARB/10/15.
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Lead counsel to investors in respect of an investment dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty. Clients awarded restitution and damages (alternatively $125 million in damages), plus their full legal costs and interest. During the annulment phase, we successfully resisted Zimbabwe's applications for a stay of enforcement and to have the award annulled. Border Timbers Ltd & Ors v The Republic of Zimbabwe. ICSID arbitration. ICSID Case No. ARB/10/25.
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Lead co-counsel to a UK investor in respect of an investment dispute with Montenegro arising from alleged breaches of a bilateral investment treaty and domestic foreign investment legislation. Concerns investment in an upstream oil and gas project. Medusa (Montenegro) Ltd v The State of Montenegro. UNCITRAL arbitration, ongoing. PCA Case No. 2015-39.
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Lead counsel to an Italian investor in respect of an investment dispute with an East African State arising from alleged breaches of a bilateral investment treaty. Concerns investment in an agriculture project. Sunlodges Ltd and Sunlodges (T) Limited v The United Republic of Tanzania. UNCITRAL arbitration, ongoing. PCA Case No. 2018-9.
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Co-counsel to thirteen investors in respect of an investment dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty. Clients awarded damages. Funnekotter v The Republic of Zimbabwe. ICSID arbitration. ICSID Case No. ARB/05/6.
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Lead co-counsel (from 10 September 2008) to an investor in respect of an investment dispute arising from alleged breaches of a bilateral investment treaty. Case settled. Trans-Global Petroleum Inc v The Hashemite Kingdom of Jordan. ICSID arbitration. ICSID Case No. ARB/07/25.
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Counsel to an investor in respect of the enforcement of a US$130 million ICSID award, which was the largest award ever issued to an individual. We succeeded in having the award recognized in England and enforcing against assets worth US$70 million. Waguih Elie George Siag and Clorinda Vecchi v Arab Republic of Egypt. ICSID arbitration. ICSID Case No. ARB/05/15. Enforcement proceedings.
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Counsel to a US investor in respect of an investment dispute with Turkey arising from alleged breaches of a bilateral investment treaty. Case settled for US$1 billion in our client's favor. Motorola Credit Corporation, Inc v Republic of Turkey. ICSID arbitration. ICSID Case No. ARB/04/21.
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Lead counsel to an investor in respect of an investment dispute with Mexico arising from alleged breaches of the North American Free Trade Agreement ("NAFTA"). Includes separate NAFTA consolidation proceedings brought by Mexico. Client awarded what was at the time the largest award to be issued in a NAFTA arbitration. Corn Products International Inc. v Mexico. ICSID arbitration. ICSID Case No. ARB (AF)/04/1.
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Lead counsel to a Canadian investor in relation to a multi-billion dollar investment dispute with the United States under the NAFTA. Part of a broad litigation strategy encompassing other Steptoe teams. Dispute resolved in our client's favor.
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Counsel to the insurers of a UK investor in respect of an investment dispute with Jordan arising from alleged breaches of a bilateral investment treaty. Case settled in our client's favor.
Further, by way of illustration of Steptoe's recent experience advising States on investor-State treaty matters, we have or are:
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Engaged by several States to advise on their investment treaty negotiations, including (most recently) negotiations with the European Union.
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Been appointed by the Government of the People's Republic of China to the panel of law firms that will be instructed to defend China in investor-State disputes.
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Advised the Government of Canada in relation to its defence of a claim brought under the NAFTA by the United Parcel Service of America. Canada was successful in defending UPS's claims, which were for damages of over US$160 million, in their entirety. United Parcel Service of America v The Government of Canada. UNCITRAL arbitration.
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Advised the Government of Canada in relation to its defence of a claim brought under the NAFTA by Chemtura Corporation. The Tribunal dismissed all of Chemtura's claims. Chemtura Corporation v The Government of Canada. UNCITRAL arbitration.
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Advised the Government of Canada in connection with the negotiation of the Canada-United States Free Trade Agreement.
In addition to our work as counsel, our experience acting as an arbitrator in investor-State arbitrations includes:
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Serving as President of the Tribunal in Jochem Bernard Buse v Republic of Panama. ICSID arbitration. ICSID Case No. ARB/17/12.
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Serving as President of the Tribunal in UniCredit Bank Austria AG and Zagrebačka Banka dd v Republic of Croatia. ICSID arbitration. ICSID Case No. ARB/16/31.
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Serving as a Member of the Annulment Committee in Capital Financial Holdings Luxembourg SA v Republic of Cameroon. ICSID arbitration. ICSID Case No. ARB/15/18.
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Served as President of the Annulment Committee in Edenred SA v Hungary (resigned September 2018). ICSID arbitration. ICSID Case No. ARB/13/21.
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Served as a Member of the Tribunal in The Canadian Cattlemen for Fair Trade v United States of America. UNCITRAL arbitration.
Since claims under bilateral and multilateral investment treaties are governed by public international law, our broad range of experience in public international law is also relevant to our work on investment treaty arbitrations. In particular, Steptoe is widely recognized as one of the premier international law firms advising clients on matters before the World Trade Organization and has represented several States on such matters.
News & Publications
Press Releases
April 5, 2024
Press Releases
Global Arbitration Review Names Steptoe to GAR 100 for Eighth Consecutive Year
March 25, 2024
Publications
Performance Requirement Prohibitions in International Investment Agreements
January 31, 2024
Publications
What is Fueling the Future of the ECT?
Jus Connect: Energy Arbitration Report
October 31, 2023
Press Releases
Latinvex Names Lucinda Low One of Latin America's Top 100 Female Lawyers of 2023
October 6, 2023
Press Releases
Global Arbitration Review Names Steptoe to GAR 100 for Seventh Consecutive Year
April 13, 2023
Publications
Lex Arbitri and the Rules of Procedure
Cambridge Compendium of International Commercial and Investment Arbitration
February 18, 2023
By: Christophe Bondy
Media Mentions
Law360 and Carbon Pulse Report on Steptoe’s ICSID Arbitration Dispute Over Carbon Emission Trading
August 4, 2022
Press Releases
Global Arbitration Review Names Steptoe to GAR 100 for Sixth Straight Year
May 31, 2022
Resources
Investor-State Arbitration Series
ICSID Annulment Committee Confirms Award Against Zimbabwe
November 26, 2018
Investor-State Arbitration Series
Managing Political Risk Through Bilateral Investment Treaties
October 2, 2018
Investor-State Arbitration Series
Investor-State Arbitration and "Fair and Equitable" Treatment
May 19, 2015
Investor-State Arbitration Series
Choosing an Arbitral Forum for Investor-State Arbitration
January 27, 2015