TREATY-BASED DISPUTE SETTLEMENT

As a matter of principle, we always prefer a good deal over litigation. Having a combined experience of over 60 years in diplomacy and governing States and international organisations, and by maintaining good relationships with States, we are well-placed to conduct negotiations with States in relation to treaty disputes. If such initiatives are futile, Lindeborg has substantial expertise in treaty-based arbitration and other mechanisms to resolve disputes.

 

Lindeborg proactively analyses clients’ problems through a public international law lens and, in doing so, has achieved successful outcomes for clients in a large number of cases. These cases have included proceedings under various multilateral and bilateral investment treaties (BITs) and arbitration rules. Examples of our work include a number of treaty-based arbitrations against States and international organisations, including one on behalf of a Dutch investor in an investment treaty dispute against Panama and one on behalf of four Chinese nationals in a treaty-based arbitration against INTERPOL.

In addition, we have a specific knowledge of issues arising under Dutch BITs for the Caribbean parts of the Kingdom of the Netherlands (Aruba, Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten). In our view, the latter have the advantages of being covered by the Dutch investment treaties' high standards of protection while they are not affected by the termination of BITs between EU Member States, thus retaining their status as hubs for investment with an attractive tax climate.

Apart from investment disputes, this experience also includes cases involving human rights. We have successfully submitted cases before supervisory bodies established under various human rights instruments, including the Human Rights Committee and the European Court of Human Rights.