A New Frontier for the UK
The UK government is respondent in active investor-state arbitrations including Woodhouse/West Cumbria Mining and Mr Mikhail Fridman's claim. These cases represent the first significant UK investor-state disputes in the modern era.
With over 80 BITs in force, the UK is likely to face further claims as foreign investors test treaty protections against UK regulatory action.
UK Regulatory Context
The National Security and Investment Act 2021 allows review and blocking of foreign investments affecting national security. Planning, environmental, and licensing decisions may also give rise to treaty claims.
Expert evidence on the political and policy rationale for government decisions is essential for both claimants and respondents.
Expert Evidence for UK ISDS
Experts must understand UK administrative and regulatory processes, the policy context of government decisions, and how UK conduct compares to international minimum standards under applicable treaties.