July 14, 2020

In this chapter, Jenner & Block Partner Mélida Hodgson and Associate David Manners-Weber examine the issue of who qualifies as a “covered investor” under an international investment agreement. The authors explain that a critical question that often lies at the heart of jurisdictional disputes is whether an investor is covered by the state’s offer to arbitrate certain claims. “If a state has not consented to arbitration with an investor, an arbitral tribunal has no jurisdiction to hear that investor’s claim,” they observe.