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by Andy on Aug 4, 2026
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Not every dispute with a foreign government belongs in ordinary commercial arbitration. Many investors only discover this once a regulatory decision has already reshaped their project, by which point the more useful question is no longer “was our contract breached?” but “does international law give us a separate route to relief?” Recognizing that shift early, rather than after months spent building a case on the wrong legal footing, can be the difference between a claim that survives jurisdictional challenge and one that never gets to the merits. Below are five signs that a dispute has moved beyond ordinary commercial territory and calls for treaty-level expertise. 1. Your Counterparty Is the State Itself and Not Just a State-Owned Company A dispute with a private counterparty and a dispute with a sovereign is rarely the same animal, even when the underlying facts look similar. When the other side is a ministry, a regulator or an entity acting under direct ... Continue reading →
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