The Risk of ISDS Claims Through National Investment Laws
Another "Damocles sword" hanging over governments' COVID-19 related measures?
This brief is presented in the form of a Q&A outlining which national law provisions could lead to ISDS claims, why ISDS in investment laws could be a cause for concern, whether investors can challenge COVID-19 measures under investment law-based ISDS clauses, the interaction between such laws and old-generation bilateral investment treaties, and ways to mitigate the risks of investor–state arbitration.
The publication complements a recent IISD commentary that also looked at the ISDS risks for COVID-19 measures, with a focus on international investment agreements.
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