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Make Investing Safe Again: Investment Planning and Investment Screening in Times of Geopolitical Uncertainties

Leading economies are increasingly prioritising the protection of “economic” security interests by ensuring control over their economic and technological assets through investment screening mechanisms. Investment screening mechanisms are procedures used by countries to assess, investigate, authorize, condition, or prohibit foreign direct investments based on national security criteria. Recent cases illustrate the increasingly aggressive use of these mechanisms and their negative impacts on investments, even between allied countries. The French authorities, for instance, blocked the US-based Flowserve Corporation from acquiring Canada’s Velan Inc., citing national security concerns. Velan, a key supplier of industrial steel valves, operates subsidiaries in France that manufacture critical components for nuclear submarines and power plants. Similarly, the UK government intervened in the proposed acquisition of Arm, a Japanese-owned chip...To read the full article, please see the PDF file​

Competition Law / International Trade & Europe Newsletter Download PDF [147 KB]

Authors

ラース・マーケルト

Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 60 international arbitrations as counsel and as arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.

ヴィクター・クロシェ

With regard to EU law, Victor advises governments and corporations on how to navigate the intricacies of EU regulations with a particular focus on assisting clients impact the legislative developments of new regulations and comply with them. Victor also assists companies and governments in trade remedy investigations. He has advised clients in over fifty anti-dumping, anti-subsidy and safeguard investigations, successfully obtaining no or low duties for exporters in several instances. Furthermore, Victor has extensive experience in litigating before the Court of Justice of the European Union where he has successfully challenged several measures adopted by the EU institutions.

Turning to international economic law, Victor assists governments in WTO proceedings before panels and the Appellate Body and other appeal arrangements. His experience also includes advising governments and multinational corporations on a variety of economic policy matters such as providing legal opinions regarding the legality of measures adopted by the EU as well as third countries under international trade and investment law. Finally, Victor often assists governments with international trade and investment negotiations by helping them develop persuasive arguments during negotiations and ensure compliance with agreed upon rules.

Victor also teaches part of the course on international trade law at Cambridge University.