New Frontiers in International Investment Agreements

This is leading to a potential slowdown of bilateral investment agreements (but many still remain in place or are being replaced with new ones), as comprehensive agreements with a chapter on investor protection are emerging as the preferred option. On the other hand, a number of competing considerations are at play.
The effects of climate change are increasing by the year, modernising technology is pushing for the recognition of newer forms of digital assets, government objectives are gearing towards stronger regulation of investments and greater administrative latitude, and geopolitical tensions are heightening protectionism. Thus, notwithstanding an UNCTAD report that trade in 2024 was poised to hit an all-time high of nearly USD 33 trillion, 2025 and the years to follow will see a fierce competition between rival considerations in international investment law. Particularly from the investors’ perspective, this dynamic climate brings to the fore, issues like the kinds of protections offered in investment agreements, the choice of dispute resolution, and enforcement considerations. 
Against that background, this session will focus on:
• Recent trends in international investment agreements, and substantive protections available under newly concluded agreements;
• Common disputes that have arisen in the last few years and may potentially arise in the futures in particular those relating to extractive industries, energy investments and resource businesses; and
• Emerging themes on compensation and damages in particular in the era of creeping expropriations, breaches of fair and equitable treatment clauses and dealing with assets which have long lives (often decades), all in the background of a rapidly evolving economic landscape.
That panel will also touch upon developments in India, MENA, and APAC regions, all of whom have been busy in the last few years in this space.