CIM MES Vancouver is pleased to present:
Alan Franklin J.D., LL.B., LL.M. Course Developer and Academic Coach, International Business, Athabasca University Associate Faculty, Royal Roads University
who will deliver a
Seminar for Resource Industries on Risk Management Issues Related to Investing Abroad
While foreign investment entails many risks, the risks related to resource industries investing abroad are far greater for the following reasons:
- Fewer choices as to where to invest – where the minerals or petroleum are located is where the company needs to go;
- More risk because of non-manoeuvrability of assets.
As a result, issues related to potential direct expropriation by the host country or creeping or indirect expropriation are more important to resource industries than manufacturing or trading companies. Indirect expropriation can include such issues as changes in the regulatory environment in the country that can restrict operations, or require operations to cease. This seminar will therefore focus on:
- What is meant by direct expropriation? What are the international legal rights of the company that has its assets expropriated in international law? How, if at all, can those rights be enforced against the host state?
- What is meant by indirect or creeping expropriation by a host state? What are the rights of the company that has its assets rendered worthless or less valuable as a result of indirect expropriation?
Once these risks are understood, then the next issue we will discuss is techniques are available to reduce or transfer these risks. We will look at:
- Protections afforded to investors through bi-lateral investment treaties;
- Protections afforded through arbitration procedures for dispute settlement;
- The availability of political risk insurance to insure against some of these risks.
Alan Franklin obtained an LLB and JD from the University of Toronto and an LLM in international law from the London School of Economics. He is currently living in Vancouver, Canada, teaching courses on international legal business risk to MBA students at Athabasca University, international and constitutional law at Royal Roads University, as well as courses on international law for the University of London international LLM program and to diplomats through Diplo Foundation in Geneva, Switzerland. Alan created and chairs the association of former United Nations Ambassadors in the USA.
Friday, 9 May 2014
Registration: 4:15 - 4:30pm Presentation and discussion period: 4:30 - 6:00pm
Segal Graduate School of Business - Simon Fraser University 500 Granville Street, Vancouver Room 2800 (second floor
All are welcome to attend this excellent networking and learning opportunity, and there is no charge to attend. Please RSVP by replying to Vancouver@cim-mes.org
if you are interested in attending (spaces are limited so register now).