CELIS–Arnold & Porter Blog Series on Investment Security x Investment Arbitration

Navigating Treaty Liability for Conditional Approvals in Foreign Investment Screening

Author: Dean Merriman (Barrister at the Victorian Bar)    I. Imposition of Conditions on Foreign Investment: Anecdotes from Australia  It is well known that domestic investment screening authorities frequently are given the power to approve inbound foreign investments subject to the imposition of certain conditions, including on national security grounds. In ...
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Parallel Proceedings at the Intersection of FDI Screening and Investment Arbitration

Authors: Sally Pei (Arnold & Porter) and Joel Dahlquist (Arnold & Porter)    Introduction  States in Europe and beyond are increasingly screening incoming foreign direct investment (“FDI”). When a host State blocks or restricts an investment on security grounds, the affected investor may seek judicial review domestically, initiate investor-state dispute settlement (“ISDS”) ...
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