Resource Nationalism in Investor-State Arbitration

2023 PAW Recap – Day 2

Andrew Webb participated in a panel hosted by Jones Day on “Resource Nationalism in Investor-State Arbitration” as part of Paris Arbitration Week. He shared his expert insights on topics including how can states justify resource nationalistic policies and protect themselves against treaty claims, as well as investors’ perspectives in preserving their investments.

Mr. Webb explained that in a resource nationalism context, quantum is not an automatic assumption. As in other cases, the aim is to help a tribunal navigate through the claims. Parts of the role of an expert are to (i) inform the panel about what may have happened in scenarios that have not occurred and (ii) answer what scenario would have been reasonable and appropriate. His first lesson is “never claim you are an expert in something you are not.”

Read the recap of the discussion on Kluwer Arbitration Blog.