Event synopsis:
States and State-owned entities play a central role in the global economy, acting as regulators, contracting parties, project sponsors, and investors. Disputes involving such parties can raise distinctive legal, procedural, and practical considerations, whether they arise under commercial contracts or investment treaties.
This panel will examine those considerations across the lifecycle of a dispute, from transaction structuring and dispute resolution provisions through questions of jurisdiction, attribution, and applicable law, the conduct of proceedings, evidence, interim relief and settlement, and the recognition and enforcement of awards. It will also consider the significance of sovereign immunity, public law and public policy considerations, institutional decision-making within States and State-owned entities, and the interaction between legal strategy and broader commercial or governmental objectives.
Bringing together experienced counsel, arbitrators, experts, and in-house representatives, the discussion will draw on perspectives from both sides of the table. It will explore how States, State-owned entities, and private investors can approach these disputes effectively, while accounting for the applicable legal frameworks, institutional constraints, and long-term relationships.