Truly Diverse Knowledge
Research Driven Results
To assist with our advisory work, we have a diverse range of affiliated experts having extensive knowledge and experience of working as consultants, expert witness and in arbitration engagements on cutting-edge research and policy issues in the area of FDI law and policy from different jurisdictions.
These experts can be relied upon and engaged by governments when navigating the negotiation and the reality of the new dawn of ISDS. As the UN Working Group III debates on the possible new framework for ISDS, it is ever so important for countries to work towards understanding the model that would work best for them and which would be acceptable to the wider global community (formed of the civil society, sovereigns and private investors). Governments in the APAC region have been known in the past to have engaged the Network’s affiliated experts to help with formulating their investment and trade policy strategy and implementation.
The use for such experts will only be of more importance in the next stage, as the global community seeks to negotiate newer versions of investment and trade agreements. Our experts can help guide countries, private parties and other stakeholders in planning for their next steps, taking into account the dynamic developments in international trade and investment. Dispute prevention, which forms an important part of the future ISDS strategy, will be better served through the engagement of experts who are able to look at the past data and help countries plan and structure their policies for the future.
Expert advice will be needed to ensure that while seeking FDI, countries at the local level do not give rise to occasions which may result in more claims being filed against the states. When it comes to the private sector, it is even more important for these actors to be aware of what their rights are and may look like in the near future. For investors who are betting on emerging economies, it is important to know how the local legal systems function as several new BITs look to rely (at least partially) on domestic dispute resolution mechanisms.
As the world moves to ISDS 2.0, as investors become more sophisticated, it is important for all stakeholder to engage with experts who can guide them through this change in the best possible manner.