International investment arbitration: challenges and geopolitical tensions
by Kucher, Kuleshov, Maksimenko & Partners
The system of international investment arbitration, established under international investment protection agreements, is in a state of flux, facing numerous challenges amid geopolitical tensions. States that were traditionally seen as exporting investments and relied on investment treaties to protect their investors are increasingly defending claims brought against them.
The system of international investment arbitration, established under international investment protection agreements, is in a state of flux, facing numerous challenges amid geopolitical tensions. States that were traditionally seen as exporting investments and relied on investment treaties to protect their investors are increasingly defending claims brought against them. As part of their mandate, arbitrators are also now grappling with issues of public international law of a magnitude that was not envisaged for the system of investment arbitration. As global tensions rise, arbitration institutions are under growing pressure to maintain neutrality in an increasingly polarized world. In our seminar, we will discuss how the investment arbitration system is evolving in response to geopolitical challenges and how investors can use investment arbitration to protect their rights, focusing on:
1) The role of arbitrators in resolving disputes with political elements.
2) The search for neutral arbitration venues.
3) National security considerations as a defence against investors’ claims.
Moderator: Stanislav Dobshevich, Partner, KKMP
Speakers: