As states face difficult choices to protect public health and keep their economies afloat, their treatment of foreign investors in this crisis is yet to be tested by investor-state tribunals.
The pandemic led governments around the world to take unpopular and often unprecedented measures such as regulating prices and imposing export restrictions, preventing foreigners from crossing national borders, expropriating private property and compelling private companies to produce certain goods. Moreover, the social and economic fallout of the crisis may require other unpopular regulatory measures in the future.
There is little doubt that many foreign investors will be adversely affected by such measures and some will assert claims against states for violations of international investment agreements.
On 7 May 2020, the Investment Treaty Forum convened an online meeting to discuss how governments can avoid and minimise violations of international investment law when responding to Covid-19. It gathered representatives of states, arbitrators and members of the Investment Treaty Forum to discuss various issues which may arise in future investor-state disputes.
- Sir Frank Berman QC, Essex Court Chambers (chair)
- Ms. Miriama Kiselyova, Government of the Slovak Republic
- Prof. Yarik Kryvoi, British Institute of International and Comparative Law
- Mr. Jeffrey Sullivan, Gibson Dunn
- Prof. Valentina Vadi, Lancaster University
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