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Chloe J Carswell’s practice is almost entirely focused on international arbitration, in particular investment treaty arbitration and public international law. Chloe has been involved with both ad hoc arbitrations and arbitrations under the rules of major international arbitration institutions, including International Chamber of Commerce, International Centre for Settlement of Investment Disputes and ad hoc arbitration under the rules of the United Nations Commission on International Trade Law. She acts for claimant investors and respondent states, and has handled cases in the mining, energy, hotel, construction, banking and telecommunications sectors. She has a wealth of experience in dealing with disputes arising out of bilateral investment treaties and the Energy Charter Treaty, dealing with such issues as jurisdiction, unlawful expropriation, unfair and inequitable treatment, and denial of justice. She also advises clients on pre-contract structuring and the restructuring of investments. Her recent experience includes disputes about the transfer of licences, the alleged nationalisation of strategic assets, the interpretation of provisions in production sharing agreements, the effect and enforceability of stabilisation provisions, and breaches of other commercial agreements. Chloe also has significant experience of rail-related disputes, having acted for train operating companies against the national infrastructure provider and the regulator in arbitration, adjudication, expert determination, industry-specific dispute resolution procedures, mediation and judicial review.
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