Our job is to resolve complex disputes arising between governments and businesses. Often these disputes involve unfairness in the public regulatory context, discrimination or the taking of property. We focus on the protection of due process and the advancement of the rule of law.
The coverage and meaning of trade and investment agreements are dynamic. We understand the meaning of these types of agreements. Appleton & Associates can advise on how to structure your prospective business venture to mitigate political and other risks under international treaties.
Our clients are both big and small. We have represented clients involved in disputes in Europe, North and South America, including in disputes under the UNCITRAL and ICSID Arbitration Rules. With our extensive experience with the unique issues arising out of disputes between foreign investors and governments, we work together with clients to resolve disputes with governments in a pragmatic and de-politicized manner.
We also draft submissions for third parties to international economic law disputes, including amicus curiae submissions before the WTO Appellate Body and International Investment Treaty Tribunals.
Areas in which we frequently advise include:
- International investment law, bilateral and multilateral investment protection treaties, including the North American Free Trade Agreement, the CETA, the WTO and Energy Charter Treaty
- Structuring investments to mitigate political and other risks
- Investor-state arbitration and international commercial arbitration, including representing clients throughout arbitration proceedings, collecting evidence, drafting submissions, acting as advocates at hearings, domestic review or annulment proceedings, and enforcing awards in domestic courts
- State regulation of foreign investments, including the expropriation of property rights
- International trade and WTO law, including customs, anti-dumping and subsidies law
- Dispute resolution agreements for business transactions, including arbitration clauses
- International environmental agreements, including the United Nations Framework Convention on Climate Change, the Paris Agreement, Montreal Protocol, Kyoto Protocol and issues relating to the issuance and trading of carbon emission credits
- International treaty negotiations
- State responsibility, diplomatic privilege and sovereign immunity