The pandemic curfew problem
A deserted Leicester Square in London in April 2020 during the coronavirus lockdown (Credit: Shutterstock/Jam Travels)
A panel at the ASIL annual meeting simulated oral argument on whether a BIT’s public health and essential security interests clause provides a defence to treaty claims arising out of pandemic curfews, and whether such an exception can deprive a tribunal of jurisdiction. Ina Popova and Alma Mozetič, partner and associate at Debevoise & Plimpton, report.
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