Foreign investments in Georgia are protected not only by domestic legislation, such as the Law of Georgia on Promotion and Guarantees of Investment Activity, but also by a robust framework of international law. This framework is primarily established through Bilateral Investment Treaties (BITs) and multilateral agreements like the Energy Charter Treaty (ECT). These treaties provide a superior and more enforceable layer of protection for foreign investors against adverse host state actions. Our firm provides specialized legal advisory on the full scope of these international obligations, ensuring our clients' investments are optimally structured and protected.
The core of our service is pre-investment treaty-based structuring. The specific protections available to an investor depend entirely on their "nationality" for the purpose of the treaty. Before a single dollar is invested, we provide critical legal analysis to structure the investment—often through a holding company in a third country—to gain the protection of the most favorable BIT available in Georgia's extensive treaty network. This strategic legal planning is the most effective measure an investor can take to mitigate sovereign risk and secure access to powerful international remedies.
These treaties grant foreign investors substantive, actionable rights that supersede domestic law. These rights include, most critically, Fair and Equitable Treatment (FET), protection against unlawful, uncompensated, or discriminatory expropriation (both direct and indirect, or "creeping"), Full Protection and Security (FPS), and the right to non-discriminatory treatment (National Treatment and Most-Favoured-Nation clauses). We provide precise legal opinions on whether actions by a state body—such as a license revocation, a sudden regulatory change, or a discriminatory tax—constitute a breach of these international standards.
The unique power of investment treaties lies in their enforcement mechanism: Investor-State Dispute Settlement (ISDS). This mechanism grants the foreign investor the right to bypass the host state's local courts and initiate a direct claim for damages before an independent, international arbitral tribunal. These tribunals are typically constituted under the rules of the International Centre for Settlement of Investment Disputes (ICSID) or the UNCITRAL Arbitration Rules.
Our firm provides exact legal guidance on every phase of the investment lifecycle. We analyze potential state actions for breaches of treaty obligations, prepare the necessary legal grounds for a dispute, and offer clear, legally-grounded advice on the viability and strategic merits of commencing an ISDS arbitration claim. Our commitment is to use the full force of international law to protect our clients' capital, assets, and expected returns.
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