Arbitration and foreign direct investment screening: addressing new challenges?

Presentation

Arbitration and foreign direct investment screening: addressing new challenges?

The rise of foreign direct investment (FDI) screening mechanisms has introduced new complexities into the global investment landscape, particularly in the resolution of disputes. Governments worldwide are increasingly adopting stricter screening regulations to safeguard national security and strategic industries, creating potential tensions between investors and host states. Cases such as Carrefour/Couche-Tard, Photonis/Teledyne, Doliprane ARM/NVIDIA, TikTok, DP World, Kuka/Midea, and COSCO illustrate this trend.

These developments may have significant implications for Investor-state arbitration as a mechanism for resolving disputes.

This session at the Paris Arbitration Week will explore the intersection of FDI screening and arbitration, addressing key questions about jurisdiction, procedural considerations, and the balancing of state sovereignty with investor protections.

By examining recent case law and emerging trends, the panel will shed light on how investor-arbitration can address the increasing control of foreign direct investment by state regulators.

This panels will be held on Wednesday 9 April 2024 at, from 18h30 to 20h00. Unmissable cocktail at the end. In person.

Date: 9 April 2025
Venue: 112 avenue Kléber, 75116 Paris (Reed Smith)

Professional sponsor Pinna Goldberg / Academic sponsor RDAI/IBLJ

Introduction: Hélène van Lith (ICC/Dauphine/RDAI)

Moderation: David Chekroun (ESCP/FDI control Forum/RDAI/IBLJ)

Speakers:
• Mathias Audit (Sorbonne/Audit Duprey Fekl)
• Andrea Pinna (Pinna Goldberg)
• Lucy Winnington-Ingram (Reed Smith)
• Emily Xueref-Poviac (FDI & LAW)

Conclusion: Pinna Goldberg