Dr. Weiler is available to serve as an arbitrator in commercial, investor-state, or state-state disputes.
Please note: Dr. Weiler ceased accepting instructions as co-counsel in international investment disputes at the end of 2020.
Dr Weiler possesses a broad range of experience in dispute settlement, involving a wide variety of economic sectors and industries, including:
Oil & gas contracts and regulation;
Hospitality and gaming;
Commercial and residential real estate development;
Logistics and project management;
Development bank-funded projects;
Electronic commerce; and
As a consultant, Dr Weiler provides discrete and timely advice on the conduct of investor-state arbitrations.
Services provided include:
Strategically framing theories of the case;
Advising on evidence-gathering and presentation;
Advising on arbitrator selection and challenge;
Advising on tactics and procedure during the arbitral process;
Adding value to the process of drafting and presenting arguments; and
Assisting third-party funders in the evaluation of potential claims.
When serving as an expert, Dr. Weiler provides:
Legal opinions for governments, NGO’s, and potential claimants on investment disputes; and
Evidence to national courts both on international law and on questions of arbitral law and procedure.
What is Investor-State Dispute Settlement?
Investor-state dispute settlement provides foreign investors with potential relief when they have experienced, or are experiencing, business difficulties in a host country. Protection can be obtained from: (i) domestic foreign investment statures; (ii) contracts with, or concessions granted by, the government of the host country; or (iii) investment protection treaties.
Such protection typically extends to difficulties arising from the act(s) or omission(s) of any part of the host “state,” including: the executive, courts, legislature, any administrative or regulatory officials, state-owned monopolies, and even the conduct of the police or the military – whether at a national, state/provincial, or municipal level.
The arbitration process begins with the submission of a claim for compensation to an impartial, independent and international tribunal – established either on an ad hoc basis or under the auspices of an international arbitral institution such as the International Centre for the Settlement of Investment Disputes. Mediation and/or conciliation options are also typically available.
Prudent investors should always be careful to ensure that their investments have been made or maintained in such a manner as to qualify for protection under one or more domestic foreign investment laws and/or investment protection and promotion treaties.