A Playbook for International Risk Mitigation: Investor-State Treaties and Contractual Protections
Abstract
International energy ventures are frequently long-term, costly, and risky endeavours. Because the opportunities they offer are immense, one must go where the resource or prospect is, often in challenging jurisdictions. This can put those looking to pursue opportunities in the difficult position of having to balance commercially lucrative opportunities while mitigating risk and protecting project viability in unfamiliar environments. This challenge is compounded by many recent changes in Canada, and globally, concerning protections available for energy companies (for example in bilateral investment treaties or multilateral investment treaties such as the Energy Charter Treaty) and how traditional protections are applied in a modern context. This article will explore recent developments in investor-state disputes and what those trends mean for companies involved in extractive resources and energy sectors.
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