COVID-19: will State measures give rise to a new set of investment claims?

Governments around the world have responded to the COVID-19 pandemic with drastic, and at times divergent, measures that impact both the global economy at a macro level, and businesses in many sectors, at a micro level. Foreign investments are likely to be particularly affected by new restrictions on trade, prices, as well as various relief measures being adopted by governments. While the standards of protection provided to investments of foreign investors under investment treaties have been shaped by decades of treaty negotiation and international arbitral practice, the unprecedented nature of COVID-19 and the measures it has provoked are likely to raise novel issues in investment disputes.

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