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LIDW25

Risk and reward: legal and valuation issues in investor-State disputes concerning early-stage projects

5 June 2025 | 16:00 - 17:30
London International Disputes Week

Speakers

  • Markus Burgstaller – Hogan Lovells
  • Scott Macpherson – Hogan Lovells
  • Angeline Welsh KC – Essex Court Chambers
  • Tariq Baloch KC – Essex Court Chambers
  • Richard Edwards – FTI Consulting
  • Juliette Fortin – FTI Consulting
  • Spaces: 140
  • Venue: Hogan Lovells, Atlantic House, Holborn Viaduct, London, EC1A 2FG

What this session will cover

Many investor-State disputes concern early-stage projects. These could be mining projects, renewable energy projects or conventional energy projects. All are capital intensive, with long-term profit horizons. All are subject to political and regulatory risk.

An investor invests in a long-term project, which is capital intensive and with cashflow and profits far in the horizon.  But, alleged State action brings an end to the project at an early stage.  How should investor-State tribunals deal with the legal and valuation questions that such a scenario raises? Join Hogan Lovells and FTI Consulting to consider the legal and valuation questions that are being considered by tribunals.  For example, is an early-stage investment an “investment”? Will a focus on sunk costs underestimate an investment’s value, and deprive an investor of full reparation? Or will a focus on lost profits ignore or minimise the impact of the future risks that a project could face?

Member hosts

FTI Consulting , Hogan Lovells