We are pleased to introduce the third part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. The present Part III is devoted to the defenses, which the host states may use to respond to the potential investors’ claims against the measures.
We invite you to join us on Friday, 21 May 2021, as we take a closer look at the future of disputes in Asia Pacific. Our 90-minute webinar features a panel discussion on the “Digital Transformation of Disputes”.
In the first episode, Nandakumar Ponniya, chair of the Asia Pacific Dispute Resolution Group, Cynthia Tang, head of the Hong Kong Dispute Resolution team, and Yoshiaki Muto, head of Tokyo’s Dispute Resolution team, discuss developments in commercial litigation around four key areas: (1) technology, (2) mediation, (3) international commercial courts, and (4) class actions in Asia Pacific.
In brief While investment treaties are individually negotiated and drafted, they typically include a number of key protections for investors. Provided that foreign individuals or companies meet the definition of “investor” under the instrument and have made a qualifying “investment” (both of which tend to be broadly defined), they can…
States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of the virus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments.
We highlight examples of measures that may have the potential — and for some have already started — to give rise to claims under investment treaties.
States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of the virus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments.
We highlight examples of measures that may have the potential — and for some have already started — to give rise to claims under investment treaties.
As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, and governments and health authorities work tirelessly to defeat it, its impact on commercial arrangements is a serious concern for businesses. Necessary quarantining measures have drastically disrupted supply chains, sales and consumer confidence have declined markedly, and international…
Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to encourage investments and accelerate the growth of this sector. Other States, such as Spain, Italy and the Czech Republic, have withdrawn incentives or subsidies that were…