Investor-State Dispute Settlement, commonly known as ISDS, is a high-stakes mechanism that allows foreign investors to bring direct claims against a host state before a neutral international arbitration tribunal. This system provides a critical layer of protection for cross-border investments. Our firm possesses elite expertise in this specialized field, representing both foreign investors with claims against a state and sovereign states, including Georgia, in defending against such claims. We provide comprehensive strategic counsel on the primary legal protections and procedural mechanisms governing international investment law.
The right for an investor to initiate ISDS against Georgia is not typically found in domestic law; rather, it is granted by international treaties. Georgia is a party to a significant network of Bil-ateral Investment Treaties (BITs) and other international investment agreements (IIAs), such as the Energy Charter Treaty (ECT). These treaties provide the essential legal framework, granting foreign investors substantive rights and a direct "offer to arbitrate" from the state. Our lawyers are experts at analyzing this complex treaty matrix to confirm jurisdiction and build a powerful case strategy.
Our practice focuses on the core substantive protections that form the basis of most ISDS claims. We provide rigorous analysis and representation on claims of expropriation, both direct (outright seizure of an asset) and indirect (creeping or regulatory measures that destroy the value of an investment). We also specialize in the Fair and Equitable Treatment (FET) standard, a nuanced and powerful protection that guards investors against arbitrary, non-transparent, or discriminatory state conduct. Our expertise extends to all common investment treaty standards, including national treatment, most-favoured-nation (MFN) clauses, and the full protection and security (FPS) standard.
We manage the entire ISDS process, from the initial "Notice of Dispute" and mandatory cooling-off periods to representation in complex arbitration proceedings under all major institutional rules. This includes the International Centre for Settlement of Investment Disputes (ICSID), the leading forum for investment arbitration, as well as arbitrations governed by UNCITRAL rules, the Stockholm Chamber of Commerce (SCC), or the International Chamber of Commerce (ICC). Legal Sandbox Georgia provides the highly specialized counsel required to navigate the unique intersection of public international law and high-value arbitration.
Updated: ...