Are FPS Claims Looming in the Aftermath of the Corona-crisis? Potential Consequences of the Failure to Enact Measures to Contain COVID-19

Attorney Laura Yvonne Zielinski wrote a piece for Young ICCA's blog discussing the possibility of future cases regarding countries' failures to protect foreign investments by not adopting COVID-19 containment measures quickly enough. Most bilateral investment treaties or trade agreements with investment protection provisions guarantee "full protection and security" (FPS) or a similar form of protection to foreign investors, and in the past, countries have faced FPS claims that they failed to enact measures necessary to protect foreign investments. Ms. Zielinski analyzes some of these cases, focusing on what criteria were examined and how they would factor into any future COVID-19-related claims.

READ: Are FPS Claims Looming in the Aftermath of the Corona-crisis? Potential Consequences of the Failure to Enact Measures to Contain COVID-19