Investor-State disputes
Jurisdiction, admissibility, merits, damages, annulment, enforcement, counterclaims and procedural strategy.
Investor-State Dispute Settlement and International Investment Law
Professor Yarik Kryvoi is a London-based lawyer, academic and government adviser specialising in investor-State dispute settlement (ISDS), international investment law and foreign investment regulation. He advises States, investors, law firms, arbitral institutions and international organisations on disputes, treaty policy, dispute prevention and reform.
His work combines international legal practice, empirical research and government advisory projects. It covers disputes and policy questions involving ICSID, UNCITRAL and other arbitral frameworks, as well as the drafting and reform of investment treaties and domestic investment laws.
He is Director of the Investment Treaty Forum at BIICL, Of Counsel at Keidan Harrison and co-director of Arbitration Lab.
Investor-State dispute settlement expertise
Investment treaty law
Fair and equitable treatment, expropriation, national treatment, most-favoured-nation treatment and treaty interpretation.
Foreign investment regulation
Domestic investment laws, investment protection frameworks, treaty drafting and reform of the business climate.
Dispute prevention and State capacity
Early dispute management, inter-agency coordination, training of government officials and institutional preparedness.
Corruption and illegality
Corruption allegations, red flags, due diligence, economic crimes, investor obligations and State counterclaims.
ISDS reform
ICSID and UNCITRAL reform, appellate review, advisory support, procedural efficiency, legitimacy and access to expertise.
Selected ISDS and investment law experience
Work for governments, investors and international organisations on disputes, treaty policy,
investment legislation and institutional reform.
- Advising a Central European government in ICSID arbitration arising from a privatisation project and alleged treaty breaches, including potential counterclaims.
- Advising a major United States oil company in a multimillion-dollar UNCITRAL dispute against a former Soviet State arising from a production-sharing arrangement.
- Consulting an international energy consortium in a multimillion-dollar tax dispute against a Central Asian State under UNCITRAL arbitration rules.
- Advising a Central Asian government on reform of investment protection legislation and international investment agreements in a World Bank-supported project.
- Leading and contributing to empirical and policy projects with law firms, international organisations and academic institutions on costs, damages, duration, provisional measures, annulment, taxation, corruption and reform of investor-State arbitration.
Show fuller description of professional experience
Professor Kryvoi has practised investor-State dispute settlement with international law firms in Washington, D.C. and London. His work has included representing or advising both States and foreign investors in disputes involving telecommunications, oil and gas, taxation, retail, food processing and privatisation.
He has also formulated proposals for reform of foreign investment regulation, international investment agreements and governmental systems for preventing and managing disputes. His work has involved cooperation with Allen & Overy, Baker Botts, Baker McKenzie, Reed Smith, UNCTAD, UNODC, White & Case, WilmerHale, Withers and other organisations.
Investment treaty research and policy work
Professor Kryvoi directs the Investment Treaty Forum, a platform for discussion among practitioners, academics, government officials, international organisations and investors. He regularly contributes to policy consultations and expert meetings concerning international investment law and investor-State dispute settlement.
His research has examined the operation and reform of the ISDS system through doctrinal, comparative and empirical methods. Topics include corruption, provisional measures, costs, damages, duration, annulment, taxation, inequality, corporate restructuring, investment treaty reform and the historical development of investor-State dispute resolution.
Featured book on ICSID arbitration
The International Centre for Settlement of Investment Disputes
This fifth-edition book provides a systematic guide to the ICSID Convention, Arbitration Rules and institutional framework. It examines jurisdiction, commencement of proceedings, constitution of tribunals, arbitral procedure, evidence, awards, annulment, recognition and enforcement.
The book is designed for practitioners, government officials, academics and students who need a practical and detailed account of the principal institution for investor-State arbitration.
Selected international investment law publications
Empirical study of investment treaty disputes involving technology-related investments, digital infrastructure, data governance and State measures affecting the technology sector.
Empirical analysis of corruption allegations in investor-State disputes and a proposed framework of red flags and due diligence.
Analysis of anti-corruption provisions in investment agreements and the treatment of corruption allegations by investor-State tribunals.
Comparative empirical study of tax-related investor-State disputes, treaty carve-outs, sectors, claims and outcomes.
Analysis of publicly available decisions on provisional measures, including procedure, timing, legal tests and outcomes.
See all publications.
International Investment Law and Dispute Resolution course
This self-paced online course provides approximately 18 hours of guided learning on the history and rationale of investment protection, applicable law, substantive treaty standards, investor-State dispute settlement and current reform debates.
View and enrol on the live course
The course includes lectures, infographics, practitioner discussions, quizzes and guided independent study. Participants who complete the applicable requirements may obtain a certificate from the British Institute of International and Comparative Law.
Professional enquiries
Enquiries concerning investor-State disputes, expert advice, treaty reform, foreign investment regulation, government training and research collaboration may be sent through the main professional profile.