Jenner & Block

“Covered Investors,” Law Reviews: The Investment Treaty Arbitration Review – Edition 4

Jenner & Block Partner and Chair of the Public International Law Practice Patrick W. Pearsall and Associate David Manners-Weber examine the nature of international “covered investors,” or persons who control investments that enjoy agreed-upon protections across national borders.  Citing the International Law Commission’s Draft Articles on Diplomatic Protection, the authors examine the nature of covered investments, including whether they apply to foreign-controlled or state-owned enterprises. Further, the authors examine several conditions that investors are required to meet in order to become “covered.”  Generally, for example, the authors write that under international investment agreements, covered investors must be a member of a contracting state other than the one that hosts their investment.