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SESSION 26

Protections offered by the Host State

Continuing with the previous session, Mr. Jayasimha talked about the types of protections that could be offered under treaties. Furthermore, the speaker discussed the 2016 Model BIT which restricted the scope of investment protection whilst widening the ambit of legal expropriation. He went on to talk about the investors and the investment while referring to ICSID. The discussion moved forward towards the substantive protections offered by Host States and referred to the case of Philip Morris V. Uruguay. The speaker also explained to the participants the Fair and Equitable Treatment (FET). 

Throughout the session the speaker engaged the participants by talking about important principles like Most favoured Nation Treatment, important aspects of Customary International Law etc. Mr. Jayasimha also talked about some non-pecuniary remedies like the relief to seek a Declaration. The speaker ended the session by encouraging the participants to read the Investment Treaty Law and pursue their careers in this field as, in the speaker’s words “the world is your oyster, and there are barriers in your minds only.”

resource person

Shreyas Jayasimha

Founding Partner, Aarna Law