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 (2008-2025)
- Chambers Global, International Trade: Export Controls & Economic Sanctions, US (2019-2025)
- Chambers Global, International Trade: Trade Remedies & Trade Policy, US (2020-2025)
- Chambers Global, International & Cross-Border Capabilities, International Disputes & Regulation, US (2019-2025)
- Chambers Global, International Trade: CFIUS Experts, US (2020-2025)
- Chambers Global, International & Cross-Border Disputes (International Firms), China (2021-2025)
- Chambers Global, International Trade/WTO (International Firms), China (2019-2025)
- Chambers Global, International Trade/WTO, Asia-Pacific Region (2019-2025)
- Chambers Global, International Trade/WTO, Europe-wide (2019-2025)
- 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 (2009-2025)
Chambers Europe
- Chambers Europe, International Trade/WTO, Europe/Belgium (2008-2025)
Chambers USA
- Chambers USA, International Trade: CFIUS Experts, Nationwide (2017-2024)
- Chambers USA, International Trade: Export Controls & Economic Sanctions, Nationwide (2017-2024)
- Chambers USA, International Trade: Trade Remedies & Trade Policy, Nationwide (2017-2024)
- Chambers USA, International Trade, Nationwide (2005-2016)
- Chambers USA, International Arbitration: Enforcement, Nationwide (2022)
Legal 500
- Legal 500 US, Government: Government Contracts (2024)
- Legal 500 US, International Trade: Trade Remedies & Trade Policy (2023-2024)
- Legal 500 US, International Trade: Customs, Export Controls, & Economic Sanctions (2023-2024)
- Legal 500 US, International Trade: CFIUS (2023-2024)
- Legal 500 US, Dispute Resolution: International Trade (2007-2021, 2024)
- Legal 500 UK, Dispute Resolution: International Arbitration (2010-2025)
- Legal 500 UK, Dispute Resolution: Public International Law (2010-2025)
- 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 (2017-2025)
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:
- Lead counsel to the State in regard to the alleged breach of the US-Trinidad & Tobago bilateral investment treaty. Concerns a gas-to-liquids plant. ICSID Arbitration. NiQuan Energy LLC v The Republic of Trinidad & Tobago. ICSID Arbitration. ICSID Case No. ARB/24/17. Ongoing.
- Counsel to the investors in respect of an investment dispute with the Republic of Malta arising from the interference in the management, and eventual expropriation of a banking enterprise. Alpene Ltd v. Republic of Malta. ICSID arbitration. ICSID Case No. ARB/21/36.
- Lead counsel (since April 2023) to a US telecommunications company in an arbitration against Colombia arising from Colombia's termination of the investor’s concession. The proceeding is being brought pursuant to the US-Colombia Trade Promotion Agreement. Vercara, LLC (formerly Security Services, LLC, formerly Neustar, Inc.) Republic of Colombia. ICSID arbitration. ICSID Case No. ARB/20/7. Ongoing.
- Lead counsel to investors in an ICSID arbitration against an African State relating to the expropriation of a substantial aquaculture enterprise by The Gambia. West African Aquaculture Ltd v. The Republic of The Gambia. ICSID arbitration. ICSID Case No. ARB/18/10. Tribunal upheld our client’s claims and awarded 94% of damages claimed.
- Lead counsel to investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty. Concerned investments in agriculture projects. Our clients were awarded restitution and damages (alternatively $196 million in damages), plus their full legal costs and interest. Bernhard von Pezold & Ors v. The Republic of Zimbabwe. ICSID arbitration. ICSID Case No. ARB/10/15. We successfully resisted Zimbabwe's application for the award to be annulled. Currently leading a multi-jurisdictional enforcement process.
- Lead counsel to investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty. Concerned investments in agriculture projects. Border Timbers Ltd & Ors v. The Republic of Zimbabwe.ICSID arbitration. ICSID Case No. ARB/10/25. Our clients were awarded restitution and damages (alternatively $125 million in damages), plus their full legal costs and interest. We successfully resisted Zimbabwe's application for the award to be annulled.
- 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. Concerned investment in an upstream oil and gas project. Medusa (Montenegro) Ltd v. The State of Montenegro. UNCITRAL arbitration. PCA Case No. 2015-39. The outcome is confidential.
- Lead counsel to Italian investors in respect of an investment dispute with the Tanzanian Government arising from breaches of a bilateral investment treaty. Concerned investment in an agriculture project. Sunlodges Ltd and Sunlodges (T) Limited v. The United Republic of Tanzania. UNCITRAL arbitration. PCA Case No. 2018-9. Award in favor of our clients, and paid following Steptoe-led enforcement action.
- Co-counsel to thirteen investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty. Funnekotter v. The Republic of Zimbabwe. ICSID arbitration. Case No. ARB/05/6. Our clients were awarded €8.22 million in damages, plus their arbitration costs and interest.
- 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. Trans-Global Petroleum Inc v. The Hashemite Kingdom of Jordan. ICSID arbitration. ICSID Case No. ARB/07/25. Case settled.
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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. Enforcement proceedings. Waguih Elie George Siag and Clorinda Vecchi v Arab Republic of Egypt. ICSID arbitration. ICSID Case No. ARB/05/15. We succeeded in having the award recognized in England and enforcing against assets worth US$70 million.
- Lead counsel to a US investor in respect of an investment dispute with Turkey arising from alleged breaches of a bilateral investment treaty. Motorola Credit Corporation, Inc v. Republic of Turkey. ICSID arbitration. ICSID Case No. ARB/04/21. Case settled for $1 billion in our client’s favor.
- Lead counsel to an investor in respect of an investment dispute with Mexico arising from alleged breaches of the NAFTA. Included 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.
- External advisor to Canada in relation to its defense of a claim brought under the NAFTA by the United Parcel Service of America. United Parcel Service of America v. The Government of Canada. UNCITRAL arbitration. ICSID Case No. UNCT/02/1. Canada was successful in defending UPS’s claims, which were for damages of over $160 million, in their entirety.
- External advisor to Canada in a NAFTA Chapter Eleven dispute involving claims of expropriation, national treatment and minimum standard of treatment violations in relation to the imposition of a ban on the pesticide Lindane. Chemtura (Crompton) v. Government of Canada. UNCITRAL arbitration. PCA Case No. 2008-01. Claims dismissed entirely with costs to the State.
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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
Steptoe Named to GAR 100 as a Leading International Arbitration Law Firm
April 14, 2025
Media Mentions
Global Arbitration Review Features Steptoe's Involvement in Malta ICSID Proceeding
October 1, 2024
Media Mentions
Global Arbitration Review Features Steptoe Involvement in ICSID Proceeding
August 5, 2024
Press Releases
Thomas Innes Appointed to the Institute for Transnational Arbitration's Executive Committee
July 17, 2024
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
Events
Seminars & Events
Foreign Mining Investment: Leveraging Protections Against Government Actions
March 20, 2025
Webinars
The Steptoe Update: US, EU, and UK Legal Developments Affecting Asian Companies and Public Actors
December 11, 2024
Speakers: Lee Berger, Eric C. Emerson, Jack R. Hayes, Charles Whiddington
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