Protecting International Investor Rights Briefing
Members are invited to join us for a briefing session with Clifford Chance on mitigating political risk
Shifts in international and domestic policies at this time of increasing instability – political, economic and social – create heightened risks for investors. With Covid-19, the war in Ukraine, the climate crisis and trade rifts, nationalism and interventionism are on the rise – foreign investments can be particularly vulnerable to such political change.
There are therefore significant benefits in structuring investments to benefit from the network of more than 2,000 investment treaties worldwide which provide substantive protections from state interference, and a direct recourse through international arbitration in the event of a breach.
When state interference is backed by legislation, domestic courts are often unable to grant any remedy under national law, and when state interference extends to the judiciary, domestic courts may be unwilling to do so – investment treaties may provide the only available remedy.
This presentation will provide an overview of steps that can be taken to maximise investment and investor protections under multilateral investment treaties, bilateral investment treaties (BITs), or free trade agreements (FTAs), both substantively and procedurally, as well as the types of recovery that may be available.
Jessica Gladstone (Partner) and Christina Schuetz (Senior Associate) in the International Arbitration and Public International Law practices at Clifford Chance.