Investment Treaty Arbitration: Mitigating risk and protecting cross-border deals

By Garreth Wong, Benjamin Barrat

10-2018

Investment treaties provide important protection for cross-border investments. These provide investors making investments in another State with significant protections against conduct by the host State which adversely affects the value of the investment. Importantly, investors can bring claims for compensation directly against the host State, and such claims are determined by international arbitration tribunals rather than the local courts.

In this Guide, we consider the legal protection offered by investment treaties, as well as the investors and investments they may cover. We then consider how investors can structure their investments in a foreign State in order to benefit from investment treaties. By taking investment treaties into consideration at the outset of investment planning, investors can reduce their long term exposure to risk.

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