Investment Disputes

ONELAW represents clients in disputes arising from implementation of investment projects, performance of investment agreements and interaction with public authorities.

Such disputes may affect invested capital, entitlement to incentives, land plots, infrastructure, project conditions and the ability to continue implementation. ONELAW develops the legal position with due regard to the project’s economic structure, contractual terms and risks to the investor.

Scope of Services

ONELAW provides support in investment disputes at all key stages:

— analysis of the investment agreement and related documents;
— assessment of the parties’ obligations and identified breaches;
— analysis of decisions and actions of public authorities;
— review of financial, land and infrastructure documents;
— assessment of applicable guarantees, incentives and investor rights;
— development of the legal position and defence strategy;
— negotiations and pre-litigation settlement;
— preparation of claims, complaints and procedural documents;
— representation before economic and administrative courts;
— assessment of recourse to international arbitration.

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When ONELAW Can Assist

Breach of an Investment Agreement

Protecting clients where deadlines, obligations, guarantees or other provisions of an investment agreement have been breached.

Disputes with Public Authorities

Challenging decisions, acts and omissions of public authorities affecting implementation of an investment project.

Tax and Customs Incentives

Handling disputes concerning the grant, cancellation or non-application of incentives and preferences.

Land and Infrastructure

Protecting investors in disputes over allocation, use or acquisition of land, and connection to infrastructure.

Disputes Among Project Participants

Representing clients in conflicts among investors, partners, customers and other project participants.

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ONELAW Approach

An investment dispute requires analysis of not only the law, but the entire structure of the project: funding sources, contractual terms, risk allocation, public authority involvement and actual performance.

ONELAW assesses the dispute in light of the client’s long-term interests and the prospects for continued implementation. We identify the remedy most likely to preserve the investment, restore violated rights or minimise financial loss.

Our task is to formulate a position that reflects both the legal basis and the economic substance of the investment project.

Why Timely Action Matters

Delay may result in suspension of the project, loss of incentives, increased expenditure and deterioration of the investor’s negotiating position.

Early analysis makes it possible to record breaches, assess available remedies and determine whether negotiations, domestic court proceedings or international arbitration are appropriate.