Countering ISDS Claims: Old Tensions and New Defences

Event Details

This roundtable brings together leading experts to discuss new "defences" increasingly advanced by host States in investment proceedings. It will focus on three arguments that are gaining prominence in contemporary ISDS practice:

• Reliance on essential security clauses (such as Article 24(2) of the Energy Charter Treaty);
• The ringfencing of sanctions measures against ISDS challenges (for example under the EU's 18th package of anti-Russia sanctions); and
• The strategic use of counter-claims, as envisaged under the UNCITRAL Working Group III 2025 Draft Provisions.

The aim of the roundtable is twofold. First, it will provide an update on recent developments relating to security clauses, sanctions, and counter-claims. Second, it will assess whether these emerging defences are likely to strengthen the ability of host States to counter ISDS claims.

The event is organised by the Investment Treaty Forum at BIICL in collaboration with the University of Erlangen-Nuremberg and Leuphana University.

Speakers include:

• Prof. Nicolas Angelet, Université libre de Bruxelles
• Prof. Yarik Kryvoi, British Institute of International and Comparative Law
• Oonagh Sands, Fietta
• Iris Sauvagnac, Hogan Lovells
• Prof. Christian J. Tams, King's College London and 11 King's Bench Walk
• Prof. Patricia Wiater, University of Erlangen-Nuremberg
  

Pricing and Registration

This event is free for members of the Investment Treaty Forum (ITF) and invited guests. Free of charge bookings can be made by emailing the Events Team.

If you work for a government or an intergovernmental organisation that is not currently a consultative member of the ITF, please contact Prof. Yarik Kryvoi to apply for free consultative membership.

For other attendees, the following charges apply:

BIICL Member
In-person: £24 | Online: £18

Non-member
In-person: £40 | Online: £30
  

REGISTER HERE > 

 

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