Foreign Direct Investment (FDI)

We help clients understand and navigate national security review mechanisms such as the Committee on Foreign Investment in the United States (CFIUS), the UK National Security and Investment Act, and the EU Screening Regulation. Our lawyers assess whether proposed investments trigger review thresholds and assist in filing notifications, negotiating mitigation measures, and securing clearances. We also monitor emerging FDI regimes in Asia, the Middle East, and Latin America to help clients anticipate future regulatory developments.

Our FDI team advises on the protections available under bilateral investment treaties (BITs) and free trade agreements. We assist investors in structuring transactions to benefit from favorable treaty coverage, including guarantees of fair treatment, non-discrimination, and protection from expropriation. In cases where disputes arise, we represent clients before international arbitration tribunals under ICSID, UNCITRAL, and other forums.

Our FDI practice conducts extensive due diligence to identify regulatory barriers, ownership restrictions, and foreign ownership caps in sensitive industries such as defense, telecommunications, and energy. We advise on structuring equity holdings, joint ventures, and subsidiary formations to comply with local laws while preserving investor control.

We represent both inbound and outbound investors in cross-border M&A, including acquisitions of controlling stakes, greenfield developments, and joint ventures. Our lawyers coordinate with local counsel worldwide to address tax, labor, and competition law implications. We also advise on post-closing compliance, governance frameworks, and reporting obligations to ensure smooth integration.

We assist clients in obtaining licenses, permits, and regulatory approvals for investments in regulated industries, including financial services, energy, technology, and healthcare. Our lawyers understand how FDI interacts with sector-specific laws, such as telecommunications ownership caps, banking regulations, and environmental standards.

Cross-border investment activity may trigger exposure under anti-bribery and sanctions laws. Our FDI team helps clients comply with the Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and international export control frameworks. We also advise on anti-money laundering (AML) and beneficial ownership reporting requirements to ensure transparency and regulatory trust.

We represent investors and states in arbitration proceedings arising under bilateral and multilateral investment treaties. Our lawyers handle claims involving expropriation, unfair treatment, and breach of stabilization clauses. We also assist clients in negotiating amicable settlements that preserve relationships and commercial opportunities.

To mitigate the risks inherent in foreign investment, our FDI practice advises clients on political risk insurance and investment guarantees offered by organizations such as the World Bank’s MIGA and national export credit agencies. We help structure transactions to qualify for coverage and coordinate claims when political or regulatory events disrupt operations.

Our firm works with policymakers and industry associations to influence FDI-related regulations and promote investment-friendly environments. We assist clients in drafting position papers, preparing policy submissions, and engaging in public consultations. This proactive approach often reduces regulatory friction and enhances project viability.

Global investors operate across multiple jurisdictions that require consistent compliance frameworks. We design coordinated strategies that integrate local legal requirements with global corporate governance standards. Our FDI lawyers also conduct compliance training for international teams, ensuring consistency and efficiency in multinational operations.