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Recovery tactics outlined for foreign takeover losses

06/25/2007
Companies affected by recent nationalizations in South America and elsewhere may have a number of relief options available. Among these are political risk insurance (PRI), bilateral investment treaties (BITs) and other analogous bilateral and multilateral treaties, and any investment agreement between the company and the host government. Each of these must be analyzed to determine which procedural and substantive bodies of law they implicate and what obstacles or recovery avenues they present.For some companies, recovering under a PRI policy and assigning their direct claims against the host government to their insurer may be preferable to direct arbitration against the host government. O...
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