Forty-Third ITF Public Conference: Geopolitics and International Investment Law

Event Details

In an era of heightened geopolitical tensions, international investment law is increasingly shaped by national security concerns, economic protectionism, and regulatory scrutiny. This conference will explore the evolving landscape of foreign direct investment (FDI) screening, admission policies, and security-related bans imposed by states to protect critical industries and infrastructure. Experts will examine how these measures impact cross-border investments, investor confidence, and dispute resolution mechanisms.

Sanctions have become a key instrument of economic statecraft, often affecting international investments and investor-state dispute settlement (ISDS) proceedings. This conference will analyse the legal and procedural implications of sanctions on investment arbitration, including jurisdictional challenges, enforcement issues, and the ability of sanctioned entities to access dispute resolution mechanisms. Discussions will also address how arbitrators and institutions navigate the complexities of sanctions-related disputes.

The impact of armed conflicts on international investment law presents another critical area of focus. As conflicts disrupt trade, infrastructure, and investment flows, ISDS claims increasingly arise from wartime expropriations, contract breaches, and state actions taken under emergency measures. Experts will assess the legal standards applied in these cases, the role of force majeure and necessity defences, and the broader implications for investment protection in conflict zones.

Trade wars and economic nationalism continue to reshape global investment flows, creating new risks and uncertainties for foreign investors. This conference will examine the legal and economic impact of escalating trade disputes, retaliatory measures, and shifts in global supply chains on FDI. Panellists will explore how investment treaties, WTO rules, and domestic regulations interact in this evolving environment, offering insights into risk mitigation strategies and the future of international investment governance.

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Programme

09.00 - 09.30 | Registration

09.30 - 09.45 | Welcome and Introduction

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

09.45 - 10.30 | Keynote Address

Professor David Collins, City Law School, University of London - Plurilateralism and the New Geoeconomics of International Investment Law

10.30 - 12.00 | Panel 1. FDI Admission Regimes and National Security

• Prof. David Chekroun, ESCP Business School and founder of FDI Control Forum, Paris (Chair)
• Dr Jens Hillebrand Pohl, Helsinki Geoeconomics School, Helsinki - Geoeconomics of International Investment Law
• Danielle Morris, WilmerHale, Washington DC - National Security in ISDS: Admission, General Exceptions and Related Issues
• David Hunt, Boies Schiller Flexner, London - National Strategic Assets in the ISDS regime
  

12.00 - 12.15 | Break

12.15 - 13.45 | Panel 2. Coercion, Sanctions and ISDS

• Dr Claudia Annacker, Annacker International Disputes, Paris (Chair)
• Dr Oliver Hailes, London School of Economics, London - Coercion in the Law of Treaties and Natural Resources: Pitfalls of a Ukraine-US Minerals Deal
• Joaquin Terceño, Eversheds Sutherland, London - Sanctions and Issues of Merits in Investor-State Disputes

• Shreyas Jayasimha, Aarna Law, Bengaluru - Sanctions and Enforcement Problems, Anti-Suit and Anti-Enforcement Injunctions

13.45 - 14.45 | Lunch (provided for all participants)

14.45 - 16.15 | Panel 3. Armed Conflict and ISDS

• Penny Madden KC, Gibson, Dunn & Crutcher, London (Chair)
  
• Michelle Bradfield, Jones Day, London - Recent Developments in Investor-State Disputes Arising out of Armed Conflicts
• Matthew Weiniger KC, Linklaters, London - Full Protection and Security Clauses in the Context of Armed Conflict: Recent Developments
• Ahmed Abdel-Hakam, Volterra Fietta, London - Issues Arising out of Investments in Occupied Territories: Recent Developments

 
16.15 - 16.30 | Concluding Remarks

Christophe Bondy, Steptoe International, London

*This programme is subject to change