COVID-19: will State measures give rise to a new set of investment claims?

Governments around the world have responded to the COVID-19 pandemic with drastic measures impacting both the global economy and individual businesses. Foreign investments are likely to be particularly affected by new restrictions on trade, prices, and other relief measures. It is clear that some countries have seized upon the pandemic to enact sweeping legislating giving unprecedented powers to the government.

The exceptional nature of COVID-19 and the measures it has provoked are likely to raise novel issues in investment disputes. In this alert, we address some of the measures that are impacting foreign investments, the protections available to investors under international law, and the defenses that States may raise to justify the measures they adopt.

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