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Maurice Mendelson QC and Martins Paparinskis

This chapter considers the legal issues which may arise from bail-ins of depositors of banks from the perspective of international investment treaty law. It addresses the question whether investment protection rules, particularly the right to compensation for expropriation, might be relied on by foreign investors affected by bail-ins, dealing in turn with certain preliminary issues of applicability of investment treaties, then focusing on legal and factual aspects of expropriation and bail-ins, and finally giving a brief overview of the possible relevance of other investment protection obligations. It is not the purpose of this chapter to provide definitive answers, but rather, to identify some of the multifarious thorny legal questions that could arise. Keywords: bail-in, international investment law, international financial law, expropriation, compensation, fair and equitable treatment