A number of elements are necessary for international lawyers to achieve favorable results in investment arbitration. These elements include: experience in the different stages of arbitration, skill in writing memorials, skill in conducting interrogations and cross-examinations, and specialized knowledge of public international law, investment treaties, the ICSID Convention and the applicable arbitration rules.

Likewise, it is essential to be sensitive to the regulatory powers of the State that the dispute may involve. At Xtrategy, we are convinced that it is also essential to know how to work as a team with the client to, identify the weaknesses and strengths of the case and create a strategic vision and perspective of victory. Our services include:

+Advice on financing the arbitration

+Advising sovereign clients on the implementation of investment treaty obligations and the prevention of investment disputes

+Evaluation of the chances of success in each of the investment arbitration phases (jurisdiction, merits, damages, annulment and execution of the award)

+Legal representation during each of the procedural stages in cases under the auspices of the rules of arbitration of ICSID, UNCITRAL cases and under the auspices of other international arbitration rules. Our services include:

• Drafting investment arbitration briefs
• Conducting interrogations and cross-examination of factual witnesses and experts.
• Witness preparation
• Conducting opening and closing arguments during arbitration hearings
• Conducting negotiations in investment disputes

Several ingredients are necessary to achieve favorable results in international commercial arbitration. International lawyers must have experience in arbitration in the relevant industry (e.g., in cases involving energy and hydrocarbons, road infrastructure, or environmentally sensitive projects) and in the different stages arbitration. Successful international lawyers must possess skills in writing memorials, skills to conduct interrogations and cross-examinations, and knowledge of the applicable institutional rules, such as ICC, UNCITRAL, AAA, ICDR or others.

Xtrategy possesses the necessary skills to achieve success for our clients. Likewise, we believe that teamwork with the client is essential and we will work with you to identify the strengths and weaknesses of the case and, create a strategic vision and perspective of victory. Our services include:

+Evaluation of the chances of success in each of the phases of international commercial arbitration (jurisdiction, merits, damages, annulment and enforcement of the award)

+Legal representation during each of the procedural stages in cases under the auspices of various arbitration rules, including ICC, UNCITRAL, CCB and others. Our services include:

• Drafting international commercial arbitration memorials
• Conducting interrogations and cross-examination of factual witnesses and experts
• Witness preparation
• Conducting opening and closing arguments during arbitration hearings
• Conducting negotiations in international commercial disputes

+Advice on financing the arbitration

Our services are based on the experience we have advising States, international organizations and private clients on matters of public international law.

In addition to leadership in investment treaty negotiations, our experience also includes working with international organizations to help draft model treaty language that strikes a balance between investment protection, the State’s right to regulate, and corporate responsibility standards regarding labor and the environment. Our services include:

+Advice on issues of public international law that require analysis of international treaties, international custom and general principles of applicable law. This includes, among others, matters related to:

• International law of the sea
• Protection of cultural heritage
• Human rights in international economic treaties

+Advice on international treaty negotiations, including international investment treaties and free trade agreements

Xtrategy’s Business, Investment and Human Rights practice relies on the experience of our team members on matters of investment treaty arbitration and human rights, including:

+Leading negotiations of Investment Treaties and Free Trade Agreements (“FTA”) that incorporated provisions on Human Rights and Corporate Social Responsibility (“CSR”) (e.g., article 816 of the Canada-Colombia FTA),

+Providing consultancy services to international organizations and States in the Caribbean on an investment chapter of a Model FTA that includes: (i) hard law obligations for investors to respect Human Rights and comply with CSR standards, and (ii) a treaty architecture that would ensure the investors’ consent to complying with Human Rights and CSR obligations,

+Providing advisory services to a member of parliament, and co-authoring a draft law on investment treaty negotiations that would include, as a requirement, the commitment to respect Human Rights obligations and CSR standards,

+Preparing strategies for companies to mitigate the risk of violations of human rights,

+Advising on the implementation of, and compliance with international humanitarian law in two States in Latin America

+Drafting an amicus curiae before the Inter-American Court of Human Rights, and

+Promoting a closer linkage between Human Rights and International Economic Law in the Xtrategy-co-founded forums www.worldarbitrationupdate.com and www.washingtonarbitrationweek.com

Our services include:

+Advising States and international organizations in negotiations of provisions on Human Rights, CSR, labor and environmental rights, obligations for investors and counterclaims in Investment Treaties and FTAs.

+Providing legal representation in international litigation for human rights violations.

+Advising companies on CSR and Human Rights due diligence risk assessments.

+Advising on the implementation of, and compliance with international humanitarian law in particular States.