Seminar: Investment treaty claims in respect of sanctions
Welcome to an in-person panel discussion on investment treaty claims arising out of sanctions.
The Russian Federation’s attacks against the territorial integrity of Ukraine began in 2014 and escalated into a full-scale invasion 2022. It has resulted in a wide range of EU sanctions. Several of these sanctions target or affect Russian investors and their investments. The Russian Federation has also enacted counter-sanctions affecting investors from the so-called ‘unfriendly jurisdictions’. Investment treaty claims arising out of these measures have already been announced and are expected to multiply.
The following questions will be discussed during the seminar:
- Who is the right respondent in respect of EU sanctions and is there a way for a Russian investor to challenge the EU directly?
- What are the jurisdictional hurdles that investors must face?
- In what way can sanctions breach investment treaty protection standards such as discrimination, free transfer of funds, expropriation, and fair & equitable treatment?
- Can sanctions and counter-sanctions constitute lawful countermeasures that can preclude wrongfulness of State conduct that violates BIT obligations? What difference does it make (if any) that sanctions are imposed unilaterally or at the request of the United Nations?
- Enforcement of awards against sanctioned States: do sanctions create additional complications for enforcement?
Time and place
When: Friday, 28 June at 14.00–16.00 (CET)
Where: National Board of Trade Sweden, Drottninggatan 89, Stockholm
The discussion will be moderated by:
- Paschalis Paschalidis, counsel at Arendt & Medernach SA, Luxembourg, and
- Joel Dahlquist, international arbitration advisor at Arnold & Porter’s London office.
Four distinguished arbitration practitioners will participate in the discussion:
- Anne K. Hoffmann, independent arbitrator, Dubai
- Samantha J. Rowe, partner at Debevoise Plimpton, London
- Anina Liebkind, partner at Norburg & Scherp, Stockholm
- Fredrik Ringquist, partner at Mannheimer Swartling, Stockholm
The discussion is subject to the Chatham House rules.