Skip to content


UK Investment Protection Policy Post-Brexit

This event took place on the 25th February 2020

Co-organised in partnership with

Event details

Following its official exit from the European Union on 31 January 2020, the UK is gearing up to launch an aggressive trade negotiation strategy with State partners around the world. Yet in addition to traditional trade provisions, modern comprehensive free trade agreements (FTAs) like the CETA or CPTPP regularly include international investment protection and related dispute resolution. What will or should UK investment protection policy look like as part of its FTA negotiation strategy, post-Brexit?

The UK will officially be a "third party", rendering emerging rules against intra-EU bilateral investment protection inapplicable. UK political leaders are calling for regulatory divergence between the UK and the EU-27. This seems destined to lead to regulatory clashes between the EU and UK-based businesses investing on the Continent. Should investment protection therefore be part of UK negotiating aims with the EU?

Beyond the EU, what should the UK's investment protection policy be vis-a-vis the US? With other potential FTA partners? Will the UK have a choice in these discussions? What will be the UK's position be on the proposed investment court system, and more generally on current calls for investment treaty reform? Should the UK's dense network of first generation investment treaties be renegotiated and updated to reflect lessons learned over the past 20 years?

In keeping with government calls for an outward-looking "Global Britain", should UK investment policy prioritise protecting UK investors abroad, as opposed to safeguarding the policy space of the UK itself?

Listen to the audio recording 

Introductory remarks

Prof. Yarik Kryvoi, British Institute of International and Comparative Law


  • Christophe Bondy, Steptoe & Johnson (chair)
  • Professor Ming Du, Durham University
  • Nicolaj Kuplewatzky, European Commission
  • Laura Rees Evans, Fietta LLP
  • Yumiko Takahashi, Steptoe & Johnson

See also: Andrea Bjorklund, Yarik Kryvoi and Jean-Michel Marcoux, Investment Promotion and Protection in the Canada-UK Trade Relationship (Nov 18, 2018).

Join in the conversation @BIICL #ITFLaw #ISDS

CPD Information

This event offers the equivalent of 1.5 CPD hours.


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

When you register for an event you will be asked to confirm that you have read and understood our cancellation policy.

Donate Now Keep In Touch
Save and continue