Investment arbitration in a post-Brexit world

Gillian Cahill.

2018 Investment Arbitration Outlook Uría Menéndez, n.º 2

Some eighteen months have now passed since the United Kingdom (‘UK’) voted to leave the European Union (‘EU’). Speculation on the impact of this decision on investment arbitration falls, broadly speaking, into two main camps. The first sees the Brexit decision as the generator of a potential increase in investment arbitration claims against the UK. The second sees Brexit as having the opposite effect. Unshackled by EU Rules, the UK would become a more attractive place for investment arbitration or a hotspot for restructuring. As with many things Brexit-related, whilst there may be an element of truth in many of these arguments, at present there is very little certainty in any of them.