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EVENTS

Corporate Restructuring: Managing Investment Risks through Treaty Protections

Date: 4 March 2020

Time: 18:00-19:30 (registration from 17:30)
Followed by a drinks reception

Venue: Baker McKenzie LLP, 100 New Bridge Street, LONDON EC4V 6JA

Co-organised in conjunction with

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.

   

Listen to the audio recording

Join in the conversation @BIICL #ITFLaw  #ISDS

CPD Information

This event offers the equivalent of 1.5 CPD hours.

Contact

If you have any queries, please contact the Events team

Photography and Recording

Please note that our events may be photographed or audio recorded. These materials will be used for internal and external promotional purposes only by the British Institute of International and Comparative Law. If you object to appearing in the photographs, please let our photographer know on the day.

Alternatively you can email BIICL Marketing Manager, Carmel Brown in advance of the event that you are attending.

Event Cancellation Policy

By registering for an event, you have confirmed that you have read and understood our event cancellation policy.

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