Shearman And Sterling

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Sep 01, 2006

Structuring of Foreign Investment to Avail of Investment Treaty Protection


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The decision of a company to invest abroad not only presents great opportunities but also often poses risks which can arise, for example, from economic difficulties of the host state, transformation processes, changes of government, expropriations or nationalizations.  An increasingly important aspect when planning a foreign investment is therefore the taking of measures to shield the investment against such risks.  In this context, bilateral investment treaties can play an important role.  Dr. Richard H. Kreindler and Dr. Jochem Reichert discuss how and why bilateral investment treaties should be considered at the early stages of structuring an investment. The newsletter is currently available in German and is aimed primarily at the German investor.

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