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Industry · Ex. 03

Where the counterparty is sometimes a state, not a company.

Energy and natural resources disputes routinely cross borders and, occasionally, cross into investment treaty territory — a different discipline from ordinary commercial arbitration.

Sovereign state counterparty experienceBand 1 Chambers UK ArbitrationLed by Eleanor Whitfield
Why This Industry

Treaty protection is a different discipline from contract enforcement.

When a concession is expropriated or a regulatory change guts the economics of a long-term energy investment, the client's remedy often lies not in the underlying contract but in the protections of an investment treaty — a body of law most commercial litigators never have reason to practise.

We built our arbitration practice around exactly this kind of dispute, and it shows in how early we get involved: treaty protection strategy works best when it's considered at the investment stage, not after the state has already acted.

— Eleanor Whitfield, Managing Partner

Where We Help

The disputes clients bring us.

01

Investment Treaty Claims

Advising energy investors on treaty protections and pursuing claims following expropriation or unfair treatment by a host state.

02

Commercial Arbitration

Contractual disputes between energy sector counterparties under ICC, LCIA and UNCITRAL rules.

03

Enforcement Against States

Award enforcement strategy, including asset tracing, where a sovereign counterparty resists a tribunal's decision.

Related Practice Areas
Latest Insights

Recent thinking on energy & natural resources.

Insight

What Clients Misunderstand About Arbitration

Publication

Enforcing Awards Against Sovereign States

Boardroom

The Cost of Delay in Commercial Disputes

EW
Speak With A Partner

Eleanor Whitfield

Managing Partner, International Arbitration
Contact Eleanor