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Katia Finkel

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Katia is a senior associate in the Baker McKenzie Dispute Resolution team, based in London. She advises clients on global dispute resolution strategy and settlement negotiation and acts on their behalf in commercial and investment disputes under LCIA, ICC, ICSID and UNCITRAL Arbitration Rules. She acts on behalf of governments and private parties in energy, large construction projects and post M&A disputes, where she has extensive experience. Her practice mainly involves multijurisdictional issues and she regularly advises clients on investment structuring and restructuring. Katia completed a nine-month secondment in Shell’s EMENA Litigation Group, working on a number of high-stake disputes. She taught international commercial and investment arbitration at King’s College London for several years and regularly publishes in the field of international arbitration.

In brief While investment treaties are individually negotiated and drafted, they typically include a number of key protections for investors. Provided that foreign individuals or companies meet the definition of “investor” under the instrument and have made a qualifying “investment” (both of which tend to be broadly defined), they can…

States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of the virus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments. 

We highlight examples of measures that may have the potential — and for some have already started — to give rise to claims under investment treaties.

States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of the virus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments. 

We highlight examples of measures that may have the potential — and for some have already started — to give rise to claims under investment treaties.

As the effects of COVID-19 continue to be felt around the world, businesses continue to face significant levels of instability and uncertainty caused by weakened financial markets and disruption to supply chains, workplace operations and business pipelines. Such instability and uncertainty will result in a growth in the number and…