Dechert LLP

09/28/2021 | Press release | Distributed by Public on 09/28/2021 10:59

International Investment Protection of Global Banking and Finance

First-ever Comprehensive Subject Guide by Investor-State Arbitration Experts

Dechert authors International Arbitration Partner Arif H. Ali and Senior Associate David L. Attanasio have written a first of its kind book, International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice (Wolters Kluwer ISBN: 9789403535616), that paves the way for the global banking and finance industry to manage political risk using the tools of international investment protection.

Drawing on Dechert's world-renowned global expertise in financial services and cross border transactions, the book provides the first complete overview of how international investment law and other sources of protection against political risk apply to investors and investments in the banking and finance sector.

Global banking and finance are complex and specialized fields with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique kinds of political risk. Featuring expert guidance on the vital legal protections for cross-border finance and banking investments, along with comprehensive coverage of investor-State cases, International Investment Protection of Global Banking and Finance crystallizes a set of field-specific legal principles for the sector.

The book addresses practical topics for investors and investments in the banking and finance sector such as:

  • Identification of types of political risk that cross-border investments are likely to encounter.
  • Description of the global banking and finance investment flows that are potentially subject to political risk.
  • Description of the distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts.
  • Explanation of alternative sources of protection for investors and investments in the sector, most notably political risk insurance and investment contracts.
  • Assessment of how these various sources of protection differ and how they may be optimized.

The book addresses key legal issues including:

  • How sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process.
  • The effect of specific investment treaty provisions, such as jurisdictional carve-outs and targeted exclusions.
  • The remedies available for violations of international investment protection.
  • How monetary damages may be assessed for injury to banking and finance sector investors and investments.
  • The scope and application of the financial services chapters included in certain free trade agreements.
  • The additional investment protections available under domestic foreign investment laws.

Written for in-house counsel in the banking and finance industries, international disputes practitioners and academics, and arbitrators addressing banking and finance disputes, International Investment Protection of Global Banking and Finance helps to ensure appropriate international protection for the banking and finance sector, both when establishing investments and when resolving disputes.

Meet the authors:Arif Hyder Ali is the co-chair of Dechert's International Arbitration practice. He has served as lead trial counsel in international investment, commercial and construction arbitrations under many of the major international and regional arbitral regimes and covering a broad range of industries and economic activity. He has represented parties from the United States, Canada, Central and South America, Europe, the Middle East, Africa, and across Asia. Mr. Ali is consistently rated as one of the world's leading international arbitration and public international law specialists.

Dechert Senior Associate David L. Attanasio concentrates his practice on international arbitration and international litigation, and especially matters with complex issues of public international law or foreign law. His expertise covers multiple geographic regions, including Latin America, Central Asia and the Middle East. Dr. Attanasio frequently publishes and speaks on international arbitration, international investment law, public international law and international human rights law. He currently serves as a member of the International Law Association's Rule of Law and International Investment Law Committee.

About Dechert

Dechert is a leading global law firm with 22 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.