Executive Summary

The effects of the global Covid-19 pandemic are likely to increase investor-State arbitrations involving claimants subject to bankruptcy or liquidation proceedings. It is the purpose of this article to examine certain issues that have already arisen or are likely to arise because of the tension between the competing interests in bankruptcy/liquidation proceedings and investment arbitral proceedings. The article will focus on certain procedural and jurisdictional problems triggered when insolvent claimants seek investment treaty protection in arbitrations brought against ...