Investor-State Disputes Arising from the Pandemic: Strategic Responses for Representatives of Investors and Host States, including Developing Countries, hosted by Union Internationale des Avocats / International Association of Lawyers

The Covid-19 pandemic has been a global phenomenon, prompting virtually all States around the globe to take measures to address this unprecedented public health situation. Many such measures have had significant impacts on foreign investors, and it is expected that many disputes will arise in investor-State dispute settlement (ISDS) between foreign investors and Host States under the vast network of international investment agreements (IIAs) in place across the globe today, including bilateral investment treaties, free trade agreements, and other treaties with investment provisions.

In Session 1, the panelists provide an overview of the topic from the perspective of Host States, exploring best practices in State management of pandemic-related investment disputes as well as the re-negotiation of investment treaties in order to increase preparedness for the next pandemic. Speakers will also share insights from recent engagements with Host States, including developing countries preparing for claims expected to arise from pandemic-related measures.

In Session 2, the panelists provide an overview of the topic from the perspective of foreign investors, exploring examples of State responses to the pandemic that could give rise to claims against Host States for violations of investment protections. This session also addresses such practical concerns as how investors may recognize potential claims in ISDS, the process of preparing for and advancing such claims, considerations that should inform any careful preliminary analysis of the viability of such claims and pre-arbitral strategies aimed at exploring opportunities for negotiation and early settlement or other means of resolving such disputes.