Clifford Chance

EU investment treaty protection future uncertain: what should investors do?

1 June 2020

Recent developments mean that European Union investors in other EU Member States are unlikely to be able to rely in the future on applicable bilateral investment treaties (BITs). The position for UK investors in those EU Member States with BITs with the UK (and vice-versa) also remains highly uncertain.

Given this uncertainty, investors should review their investment structures and insurance to seek to mitigate the potential consequences of unjustified governmental measures.

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