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 ...
Continue reading 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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