Taisiya Vorotilova
Taisiya Vorotilova is a senior associate in the Dubai office of Baker McKenzie, currently on secondment in the Firm’s London office. She assists clients in commercial disputes in international commercial arbitration, as well as in complex multijurisdictional disputes, involving arbitration, litigation, and bankruptcy.
Taisiya has extensive experience acting as counsel in international arbitrations under various arbitration rules, including ICC Arbitration Rules, SCC Arbitration Rules, LCIA Arbitration Rules, LMAA Terms, ICAC Arbitration Rules, acting as counsel in state courts and bankruptcy proceedings and bankruptcy-related matters.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Qualification
- Law (2013)
Education
- St. Petersburg State University (2013)
- University of Maine School of Law (Exchange Program) (2012)
1 Contributions by Taisiya Vorotilova
PRACTICE NOTES
Jurisdictional gateways in investment treaty arbitration: who qualifies as an investor, what counts as an investment, and key complexities under BITs, MITs and the ICSID Convention
The primary gateway question for any claim under a bilateral investment treaty (BIT), multilateral investment treaty (MIT) or foreign investment laws is whether the claimant truly qualifies as an ‘investor’ and whether its interests in the host state amount to an ‘investment’. If a prospective claimant is not a qualifying investor holding a qualifying investment under the relevant treaty or law, the substantive protections will not engage and there will be no lawful jurisdictional basis for pursuing investor–state arbitration. The definitions of ‘investor’ and ‘investment’ differ across BITs, yet common themes emerge and certain components recur. This Practice Note provides an overview of those themes and the typical issues arising around the definitions of ‘investor’ and ‘investment’.
The meaning of investor
An investor will typically be an individual citizen of the investor’s home state or a company incorporated in the investor’s home state (domicile). Nonetheless, with individuals holding multiple nationalities and multinational corporations, this question can be complex.
Investor—key elements
An investor can be a natural person or a form of legal entity (most commonly a corporation)...
Arbitration
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