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BIICL publishes new study on sovereign wealth funds and dispute resolution

The BIICL Investment Treaty Forum in partnership with Withers is delighted to announce the publication of our study on "Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution"

With assets under management worth over USD 10 trillion and about 7.8% of all listed equities worldwide under their control, SWFs are among the world's most powerful economic actors. The 20 largest SWFs own 89% of these assets. Despite their significance, the topic of SWFs and dispute resolution has not until now received the comprehensive consideration and analysis that its importance merits.

This joint Report of the BIICL and Withers fills this gap by examining the structure and dispute resolution matters related to SWFs, as well as related questions of sovereign immunity, enforcement, sanctions and future trends.

The Report focuses on the transnational dimension of SWFs. The Report:

  • Reviews different approaches to defining SWFs, their origins and cross-border operations;
  • Explores transnational dispute resolution involving SWFs before both national courts and international courts and tribunals;
  • Considers regulatory and other issues related to the position of SWFs in a changing world;
  • Brings together institutional definitions of SWFs, lists the largest SWFs and examines their corporate structures; and
  • Provides detailed summaries of cases involving SWFs from key jurisdictions.

  
This study is co-authored by Yarik Kryvoi, Director of the Investment Treaty Forum of BIICL, with Hussein Haeri, Camilla Gambarini and Robert Kovacs of Withers.

The study was formally launched during an online Investment Treaty Forum event, on 14th of September 2021 a recording of which is available here. The study is available to download here.

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