Corporate Restructuring: Managing Investment Risks through Treaty Protections

Event details

BIICL, in conjunction with Baker McKenzie, is delighted to present the first comprehensive empirical study on the permissibility of strategic corporate structuring and restructuring in investment treaty arbitration.

The study examines all relevant publicly available decisions (over 60) rendered by ICSID, UNCITRAL and other investor-state tribunals. Based on the collected empirical data, it demonstrates the trends and practice on issues such as:

• Criteria used by tribunals to analyse the permissibility of treaty structuring and how they understand them. 
• The success rate in bringing a claim under an investment treaty depending on a number of factors, including:
  
  -  applicable treaty provisions (definition of investor, investment and denial of benefits clauses);
  - whether the restructuring took the form of the share transfer or assignment;
  -  the timing of the relevant restructuring taken against the timing of the  underlying dispute; and
  -  the main reason for the restructuring (according to the finding of the tribunal).

• The law applied by the tribunal in analysing the permissibility of a restructuring (whether international, domestic, or both).
• Whether the permissibility of treaty structuring is a question of jurisdiction or merits (including admissibility).
• Cases most frequently relied upon by tribunals to render decisions and orders on corporate restructuring.

To discuss the findings of the study and their implications, the event will bring together leading arbitrators, practitioners and academics.

Confirmed speakers:

• Ekaterina Finkel, Baker McKenzie
• Luis Gonzalez Garcia, Matrix Chambers
  
• Yarik Kryvoi, British Institute of International and Comparative Law
• Mahnaz Malik, Twenty Essex
  
• Ed Poulton, Baker McKenzie

Additional speakers to be confirmed.

Event convened by Prof Yarik Kryvoi, Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum.

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