During these past three years, the world has faced several upheavals that have had a global impact on the performance of projects and contracts.
This panel will launch the book entitled Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World, published by Wolters Kluwer, and discuss, some of State defenses or circumstances precluding wrongfulness including, among others, force majeure, national security interest, necessity, change of circumstances.
The book provides an expansive synopsis ofthe diversity of approaches and tools for States and investors to anticipate and mitigate emergency situations in the future, by making a parallel with the COVID19 pandemic.
The first part of the book is dedicated to the perspective of the State and State defenses e.g., Force Majeure and National security Interest (NSI). The second part of the book delves into the perspective of the investor and more precisely with the claims available to investors during emergencies, including fair and equitable treatment, expropriation, and discriminatory measures. The third part covers different regions of the world as to the disputes that arose in the Covid context, and States’ responses in policy and arbitration defenses.
The co-authors of the book and panelists will share their insights of the subject from the uniquely holistic perspective of bothStates andforeign investors.
Concretely, the panelists will articulate their analyses around two paradigmatic instruments: the investment contract and investment agreement, as encapsulated in the book, and will provide for an extension for dialogue among the authors.