Our Litigators of the Week are Catherine Amirfar and Ina Popova of Debevoise & Plimpton, who on Monday secured a complete defense win for the Republic of Iraq in a bilateral investment treaty arbitration brought by Agility Public Warehousing Company.

Agility filed for arbitration before the International Centre for Settlement of Investment Disputes in 2017 seeking more than $650 million in damages tied to its investment in the Iraqi telecommunications company Korek Telecom. In essence, Agility claimed that Iraq expropriated its investment in Korek when the country’s telecom regulator issued an order requiring the company to reverse the transfer of shares to foreign investors. The Debevoise lawyers successfully argued that the proceeding was an attempt to hold the Government of Iraq responsible for what was essentially a shareholder dispute. After a virtual hearing in October and a prior ruling on jurisdictional issues, the tribunal sided with Iraq completely this week.

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