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Shipping Bilateral Investment Treaty International Arbitration

Latin American BIT Arbitration Claim

The Case

The case involves a multi-million USD treaty claim against a Latin American State under a Bilateral Investment Treaty for unlawful seizure of assets belonging to the claimant.

Why It’s Significant

The wrongful actions of the State have been the subject of parallel proceedings and caused substantial losses to the client.

Therium’s Solution

Therium’s funding has provided the means by which the client can seek redress for the losses it has suffered which would not be possible without external financing.

Specialism

International Arbitration / Bilateral Investment Treaty

Sector

Shipping

Case Studies

Mining International Arbitration

Mining BIT Arbitration

The Case

Therium funded a BIT arbitration arising out of the expropriation of a mining asset by a Central-American State.

Why It’s Significant

The State’s conduct caused the claimant financial difficulties and funding allowed the claim to proceed, thereby holding the State to account and upholding the rule of law.

Therium’s Solution

With Therium’s support the claimant was able to pursue the claim to a final hearing which resulted in an award in its favour.

Specialism

International Arbitration / BIT Arbitration

Sector

Mining

Case Studies

Infrastructure Bilateral Investment Treaty International Arbitration

Infrastructure BIT Arbitration

The Case

An investor-state claim against an African state arising out of the breach of an infrastructure contract.   

Why It’s Significant

Therium backed the claim despite some market concerns about the identity of the respondent – state.

Therium’s Solution

Therium also structured the funding arrangements to afford the claimant ample opportunity to settle for a discount on the substantive funding terms.

Specialism

International Arbitration / BIT Arbitration

Sector

Infrastructure

Case Studies

Infrastructure Bilateral Investment Treaty International Arbitration

Logistics Infrastructure BIT Arbitration

The Case

An investor-state claim arising from expropriation of the claimant’s investment in a port facility. During the course of the proceedings, the respondent brought collateral proceedings in the U.S. in an attempt to frustrate the main action.

Why It’s Significant

Facilitating access to justice for an impecunious claimant against a respondent state, where no local remedy existed.

Therium’s Solution

Therium’s funding enabled the claimant’s lawyers to successfully resist the US proceeding and ensure the continuation of the treaty claim.

Specialism

International Arbitration / BIT Arbitration

Sector

Infrastructure

Case Studies