Fietta brings together a practice leader and team with unparalleled experience in public international law representation. We have been at the forefront of the practice of public international law at major law firms for nearly 20 years.
Our disputes practice
Disputes in which we have acted include: State-to-State proceedings before the International Court of Justice (ICJ) and institutional or ad hoc arbitral tribunals; investor-State proceedings for investors and States under the World Bank (ICSID), UNCITRAL and SCC Rules; representation of both States and applicants before the European Court of Human Rights (ECHR); a broad variety of international law disputes before English and other domestic courts; and substantial international commercial arbitrations under the ICC, LCIA and UNCITRAL Rules.
Highlights of our lawyers’ public international law disputes experience include:
- representing Barbados in the first ever maritime delimitation arbitration under the United Nations Convention on the Law of the Sea;
- representing Colombia in the Aerial Spray case before the ICJ;
- representing the United Kingdom in a number of proceedings before the ECHR and European Court of Justice;
- representing Croatia in English court litigation involving the dissolution of the former Yugoslavia;
- representing Antigua and Barbuda in WTO Disputes Panel proceedings against the United States of America; and
- representing the applicants (Tatar and Tatar) in a leading case before the ECHR about the interplay between international environmental law and human rights.
Our lawyers have been prolific in investor-State disputes, having been involved in more than 30 major decided and pending investment arbitration and annulment proceedings spanning 15 years. Highlights of our lawyers’ experience in investor-State disputes include:
- representing Owens-Illinois European Group B.V. in relation to the expropriation of two of the largest glass manufacturing facilities in Latin America, resulting in the fourth-highest ever ICSID award in favour of the client;
- representing one of the world’s leading private companies in an ongoing ICSID arbitration arising out of the expropriation and other unlawful treatment of one of the largest petrochemical facilities in Latin America;
- representing Karmer Marble Tourism Construction Industry and Commerce in relation to the expropriation and other unlawful treatment of an investment in the Republic of Georgia, resulting in an ICSID award in favour of the client;
- representing Croatia in an UNCITRAL arbitration brought by an Austrian investor involving issues of expropriation and State succession, resulting in an award in favour of the client;
- representing Eurotunnel in an ad hoc treaty arbitration against France and the United Kingdom in connection with the operation of the Channel Tunnel, resulting in an award in favour of the client against both States; and
- representing ATA Construction in a leading case about the interplay between international commercial arbitration rights and bilateral investment treaties, resulting in a groundbreaking ICSID award in favour of the client.
Our advisory practice
Our lawyers have advised sovereign States, international organisations, multinational corporations, NGOs and private individuals on a range of public international law questions over many years, including: treaty negotiation, interpretation and application; land sovereignty and maritime boundary issues; bilateral and multilateral investment treaties (including the Energy Charter Treaty); human rights; international environmental law; diplomatic and sovereign immunity; State succession; transboundary pipelines; and economic sanctions.
Highlights of our lawyers’ public international law advisory experience include:
- advising Malaysia in connection with a number of sovereignty, maritime delimitation and related public international law issues;
- advising Barbados in connection with a number of maritime delimitation, joint development and related public international law issues;
- advising Dubai on a number of public international law issues arising out of the creation of the Dubai International Financial Centre (DIFC);
- advising a number of international oil companies in connection with maritime delimitation and transboundary pipeline issues; and
- advising a US museum in a dispute with a European State related to the provenance of fine art looted by the Nazis during the Second World War.