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WAR CLAUSES IN IIAs – WHAT PROTECTION DO THEY OFFER?

10 novembre 2022 By Christophe Guibert de Bruet, Puloma Mukherjee

Russia’s invasion of Ukraine, now entering its ninth month, has once again thrown into sharp relief investor-state disputes arising out of war and armed conflict. Under the terms of most international investment agreements (“IIA”), a State agrees to protect the investments of investors from another State from discrimination, expropriation, and unfair and inequitable treatment.

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