Thomas Innes

Investment Treaty Arbitration – ICSID and ad hoc

• Acted as counsel to nine investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty, in Bernhard von Pezold & Ors v. The Republic of Zimbabwe. Our clients were 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 for the award to be annulled. ICSID arbitration, Case No. ARB/10/15.
• Acted as counsel to investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty, in Border Timbers Ltd & Ors v. The Republic of Zimbabwe. Our clients were 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 for the award to be annulled. ICSID arbitration, Case No. ARB/10/25.
• Acts as counsel to an Italian investor in a dispute with an East African state arising from alleged breaches of a bilateral investment treaty, in Sunlodges Ltd v. United Republic of Tanzania. The claim is for over $30 million and is ongoing. UNCITRAL arbitration, PCA Case No. 2018-09.
• Acts as counsel to a UK investor in a dispute with a Balkan state arising from alleged breaches of a bilateral investment treaty. The claim is for over $100 million and is ongoing. UNCITRAL arbitration, PCA Case No. 2015-39.
• Acted for a Canadian investor in relation to a multibillion-dollar dispute with the United States under the NAFTA. This was part of a broad litigation strategy, which encompassed other Steptoe teams. The matter was resolved in our client’s favor. 

Technical Assistance to States on Public International Law Matters

• Acted for the Caribbean Regional Fisheries Mechanism (an inter-governmental organization) with respect to their submissions to the International Tribunal for the Law of the Sea, in Case No. 21, Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission.
• Engaged by several states to advise on their investment treaty negotiations, including (most recently) negotiations with the European Union.
• Serves as a member of the Steptoe team appointed by the Government of the People’s Republic of China to the panel of law firms that will be instructed to defend it in investor-state disputes.

Commercial Arbitration and Court Litigation

• Acted for an African bank in a dispute with its former Chief Executive over the alleged breach of an arbitration agreement: ad hoc arbitration under the UNCITRAL Arbitration Rules. Also acted on the bank’s related application for an anti-enforcement injunction in respect of the alleged breaches: High Court and Court of Appeal in England.
• Acts as counsel to investors on the enforcement of various ICSID awards in England.

• "The Role of Investor-State Arbitral Tribunals in the Development of Terms of Art also Existing in Customary International Law," McCoubrey Centre for International Law's "Making International Custom More Tangible" Conference, Hull, UK, July 3, 2015
• "The Adoption of Terms of Art in Bilateral Investment Treaties and its Consequences," ASIL Conference, Denver, CO, November 14, 2014
• "Curing Textual Indeterminacy in International Investment Treaties," International Institute for Academic Development Conference, Batumi, Georgia, August 23, 2014

• Chambers UK, International Arbitration: Investor-State Arbitration (2019)
• Legal 500 UK, Public International Law (2018)
• Lord Denning Scholarship, Honourable Society of Lincoln's Inn
• Hardwicke Entrance Award, Honourable Society of Lincoln's Inn
• Richard R Baxter and Hardy C Dillard Memorial Awards (Jessup Moot 2009, KCL team)   

• The Honourable Society of Lincoln's Inn
• Denning Society
• LCIA Young International Arbitration Group
• Young ICSID
• Young Public International Law Group
• Young ITA