Managing the Risk of Self-Judging Security Exceptions Through Insurance: How Recent Mergers and Acquisitions Practice Copes with Investment Screening
In: The Journal of World Investment & TradeSearch for other papers by Teoman M. Hagemeyer in
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Search for other papers by Jens Hillebrand Pohl in
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Abstract
In light of the limited possibility to seek legal recourse against screening of foreign investments on grounds of national security, can insurance provide an alternative avenue to compensate affected investors? The answer is: Yes, but with caveats. For investors, even if insurance does not provide an equivalent to full reparation, it can serve as a useful mitigant of the risk that contemplated investment transactions cannot be consummated as anticipated due to screening measures. For host States, insurance provides a useful mechanism by which they can facilitate compensation of investors without having to disclose information contrary to their essential security interests and thus a means by which host States can remain attractive to foreign direct investment in spite of investment screening.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1720 | 144 | 6 |
| Full Text Views | 121 | 12 | 4 |
| PDF Views & Downloads | 304 | 30 | 8 |
Managing the Risk of Self-Judging Security Exceptions Through Insurance: How Recent Mergers and Acquisitions Practice Copes with Investment Screening
In: The Journal of World Investment & TradeSearch for other papers by Teoman M. Hagemeyer in
Current site
Google Scholar
PubMed
Search for other papers by Jens Hillebrand Pohl in
Current site
Google Scholar
PubMed
Abstract
In light of the limited possibility to seek legal recourse against screening of foreign investments on grounds of national security, can insurance provide an alternative avenue to compensate affected investors? The answer is: Yes, but with caveats. For investors, even if insurance does not provide an equivalent to full reparation, it can serve as a useful mitigant of the risk that contemplated investment transactions cannot be consummated as anticipated due to screening measures. For host States, insurance provides a useful mechanism by which they can facilitate compensation of investors without having to disclose information contrary to their essential security interests and thus a means by which host States can remain attractive to foreign direct investment in spite of investment screening.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1720 | 144 | 6 |
| Full Text Views | 121 | 12 | 4 |
| PDF Views & Downloads | 304 | 30 | 8 |
