🌐 Sector Bench · UNIONE™
Investment Treaty & Cross-Border Investment
The highest-value disputes in international law. The ERR is not an institutional nicety - it is the most consequential step before any investment treaty award is issued.
BIT (3,000+)ICSID 2022 RulesECT (post-Achmea)NYC ConventionFET StandardExpropriationUNCITRAL
USD 1.6B
average amount claimed in ICSID cases - making enforcement the single most critical variable
4.2 years
average duration from ICSID registration to final award
172
NYC Convention signatories - the full enforcement landscape mapped by UNIONE™ ERR before every investment award
ICSID 2022 Rules · Full coverage
UNCITRAL Arbitration Rules · Investment claims
Energy Charter Treaty · post-Achmea developments
BIT network · 3,000+ treaties in force
FET standard · FPS · Umbrella clauses
Sovereign immunity · Asset enforcement mapping
ICSID 2022 Rules · Full coverage
UNCITRAL Arbitration Rules · Investment claims
🌐 Common Dispute Types
What Investment Fellows handle.
The UNIONE™ Investment bench is built for practitioners with genuine sector depth - not generalists with a passing familiarity with the standard forms.
Expropriation & Regulatory Taking
Direct and indirect expropriation, creeping expropriation, and regulatory measures that deprive investors of their investment value.
Fair & Equitable Treatment
FET violations, legitimate expectation breaches, arbitrary treatment, and transparency failures.
Full Protection & Security
State failure to protect investments from third-party interference and political risk events.
Umbrella Clause & Contract Claims
Contract-based claims under BIT umbrella clauses - jurisdiction and admissibility the primary battleground.
MFN & National Treatment
Discrimination claims under MFN and national treatment standards.
Energy Charter Treaty
Intra-EU and extra-EU ECT claims - the most contested treaty framework post-Achmea.
Prevention First · Arbitration Last
The right instrument
for every stage.
Every UNIONE™ engagement begins with prevention. Arbitration is always the last resort.
Pre-Investment
DPC - Treaty Protection & Structure Review
Investment treaty DPCs are conducted pre-investment. The DPC reviews: corporate structure and investment vehicle against available treaty protection; stabilisation and FET provisions in state contracts; state entity immunity waiver adequacy; and enforcement jurisdiction mapping across all relevant asset locations.
Pre-investment treaty analysis. Structure review. State entity immunity assessment.
Pre-Claim
Neutral Evaluation - Merits Assessment
Before any ICSID registration - independent expert assessment of FET entitlement, expropriation classification, quantum of loss, and enforcement prospects. Investment arbitration specialists and quantum experts.
14-21 business days. Investment arbitration specialist. Without-prejudice.
ERR (Mandatory)
Enforcement Readiness Review
For investment treaty awards, the ERR is the most consequential institutional process. Detailed jurisdiction-by-jurisdiction sovereign assets assessment, annulment risk identification, and enforcement strategy advisory - completed before the final award is signed.
Sovereign assets mapping. Annulment risk assessment. Enforcement strategy included.
Arbitration
UNIONE™ Arbitration · Rules v3.0
Investment-specialist tribunal in 15 days. Rules v3.0 includes specific provisions for state party proceedings, jurisdictional bifurcation, and enhanced document production. ERR mandatory before final award.
Investment bench. State party provisions. Jurisdictional bifurcation procedure. Rules v3.0.
DPC in Investment Contracts
Prevention built into the contract.
Not retrofitted after the dispute.
The DPC Standard v1.0 applies across all commercial contract types. In investment contracts, specific checkpoints carry particular weight.
DPC Fees - Investment Contracts
Standard (to USD 10M): USD 2,500–5,000 + USD 1,200–2,400 p.a.
Advanced (to USD 100M): USD 8,000–18,000 + USD 4,800–9,600 p.a.
Complex (USD 100M+): From USD 25,000 - assessed individually
Advanced (to USD 100M): USD 8,000–18,000 + USD 4,800–9,600 p.a.
Complex (USD 100M+): From USD 25,000 - assessed individually
Contract Frameworks
Standards covered.
UNIONE™ Investment Fellows hold demonstrable experience with the following standard frameworks.
ICSID Convention & 2022 Rules
UNCITRAL Arbitration Rules (Investment)
New York Convention 1958 (172 states)
Bilateral Investment Treaties (3,000+ in force)
Energy Charter Treaty (post-Achmea)
NAFTA/USMCA Chapter 14
ERR · Enforcement Readiness Review
ERR jurisdictions - Investment.
The UNIONE™ ERR reviews enforceability across all relevant jurisdictions before every final award.
ERR Coverage · Investment
England & WalesFull enforcement - leading investment seat
FranceFull enforcement - major BIT arbitration seat
USA (New York)Full enforcement - sovereign immunity analysis
NetherlandsFull enforcement - major investment seat
SwitzerlandFull enforcement
SingaporeFull enforcement - Asia hub
Coverage across 170+ jurisdictions. Updated quarterly by the UNIONE™ ERR team.
Who This Bench Serves
The full investment
dispute ecosystem.
UNIONE™ provides the institutional framework and the Fellows who carry it out.
Foreign Direct Investors
Pre-investment DPC - treaty protection assessment and corporate structure review from the moment of investment.
Sovereign Wealth Funds
ERR before any award involving a counterparty state - full sovereign assets enforcement mapping.
Infrastructure & Project Finance
DPC on concession agreements and PPP contracts - prevention from concession award.
Political Risk Insurers
ERR as part of claims management - enforcement planning before the indemnity is triggered.
States & Host Governments
Standing Neutral for investment agreement monitoring - the independent channel the agreement currently lacks.
International Law Firms
DPC on client investment structures as part of deal execution - treaty protection as a closing deliverable.
Join the Investment Bench
What the Investment bench requires.
A four-stage review of specialism, independence, and practice alignment. Not a minimum appointment count. Practitioners at all career stages are welcome.
Q
Qualification. Law qualification with expertise in public international law or investment arbitration.
E
Experience. 10+ years in investment treaty arbitration or international investment law.
A
Appointments. Experience as counsel or arbitrator in at least 5 investment treaty proceedings.
T
Treaty Knowledge. Knowledge of at least 3 regional treaty frameworks - Americas, Europe, Asia, or Africa.
I
Independence. Ability to maintain independence where one party is a sovereign state and the other a major institutional investor.
All Sector Benches