The Geopolitics of Investment Disputes: Navigating Sanctions, State Intervention, and Enforcement

• Kabir Duggal, Partner, Akin Gump, and a CPR Distinguished Neutral 
• Karthik Nagarajan, Assistant General Counsel - International Litigation, Kimberly Clark 
• Katie Gonzalez, Partner, Cleary Gottlieb
• Paola Ramirez, Partner, Litigation & Dispute Resolution, McMillan

Program Description: 

Y-ADR and CPR's Investment Disputes Joint Subcommittee of the Arbitration Committee and Banking and Financial Services Alliance invite you to a program exploring geopolitics and investment disputes. 

Geopolitical tensions are increasingly shaping the risks faced by foreign investors and the disputes that follow. Sanctions, export controls, foreign investment restrictions, asset freezes and other forms of state intervention can affect investments, disrupt contractual relationships and give rise to complex questions under investment treaties. These same measures can also affect how an arbitration is conducted and, ultimately, whether an award can be enforced.

This program will bring together practitioners, in-house counsel and other stakeholders to examine how geopolitical developments are affecting investment disputes from the emergence of a claim through the arbitration and enforcement process. Drawing on examples from different industries and regions, the program will focus on three areas:

• State Intervention and Political Risk – How sanctions, export controls, foreign investment screening, asset freezes and other regulatory measures can affect foreign investments and potentially give rise to investment disputes, including the tension between states’ regulatory authority and protections afforded to foreign investors.
• Sanctions and the Conduct of Investment Arbitration – The practical impact of sanctions and related measures on investment arbitrations, from access to counsel and payment of fees to procedural fairness, due process and enforceability.
• Enforcement Against States and State-Owned Entities – The challenges of enforcing awards against states and state-owned entities, including sovereign immunity, identifying and pursuing assets, and navigating different legal regimes across jurisdictions.

Throughout the program, speakers will draw on practical examples from sectors particularly exposed to geopolitical risk, including energy, mining, infrastructure and financial services, and from different regions as appropriate.

CLE Credit:
This course will bear 1 NY CLE credit in Areas of Professional Practice for experienced attorneys only. (While a recording will be available after the event of those that registered, CLE credit is only available to those that attend the live webinar.)

Non-NY attendees will receive proof of attendance for use in applying for credit in their jurisdiction.

*NY CLE: CPR (International Institute for Conflict Prevention & Resolution) has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York (through July 13, 2028). This continuing legal education course has been approved in accordance with the requirements of the New York State CLE Rules and Regulations for credits as indicated above. 

CPR Financial Aid Policy:
CPR is a non-profit organization.  Under financial hardship guidelines, at its discretion, CPR may waive the fee for attorneys who demonstrate that they are not currently employed (not retirees). CPR may also provide a special discounted price to attorneys, full time judges and administrative law judges practicing in the nonprofit and public sectors full time. Please contact Helena Tavares Erickson at herickson@cpradr.org to request financial assistance with this program.