February 11, 2015
A handful of developing economies have been, and will continue to be, a key driver of global growth. In the coming years, emerging markets are expected to grow two to three times faster than developed nations. As a result, these emerging markets can provide investors higher expected returns and diversification benefits. With the prospect of these benefits, it is no surprise that foreign investment into emerging markets continues to surge. However, investing in emerging markets can be risky. Political instability and legal insecurity are among the risks that can hamper the success of a foreign investment.
Join Gibson Dunn’s leading practitioners Ambassador Ronald Kirk, Jose Fernandez and Rahim Moloo for a presentation followed by a Q&A period to discuss the ways in which you can help to mitigate the political and legal risks associated with making foreign investments in emerging economies. Among other things, the presentation will address: a) due diligence inquiries that are unique to investments in developing countries; b) how to take advantage of investment treaties to protect your investments; and c) unique features that you may wish to include in contracts concerning investments in emerging markets.
View Slides [PDF]
PANELISTS:
Jose W. Fernandez — A partner in the New York office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn’s Latin America Practice Group. His practice focuses on mergers and acquisitions and finance in emerging markets in Latin America, the Middle East, Africa and Asia. Mr. Fernandez served as Assistant Secretary of State for Economic, Energy and Business Affairs where he led the Bureau that is responsible for overseeing work on international trade and investment policy; international finance, development and debt policy; economic sanctions and combating terrorist financing; international energy security policy; international telecommunications and transportation policies; and support for U.S. businesses and the private sector overseas. His work focused on development as a business opportunity for U.S. companies and a strategic imperative for the United States, mostly in the areas of infrastructure, trade and investment, entrepreneurship, and agriculture. Mr. Fernandez spearheaded the State Department’s “Economic Statecraft” initiative to promote foreign investment into the United States and support U.S. companies overseas, co-led the interagency team that prepared the Model Bilateral Investment Treaty used by the United States today, worked with American businesses to promote responsible business conduct in Myanmar, Bangladesh and the diamond industry through the Kimberly Process, and led the U.S. government’s economic dialogues with Turkey, the UAE, Brazil and several other nations. He was the State Department’s principal representative in the Committee on Foreign Investment in the United States (CFIUS) and was also a key figure in devising and implementing U.S. sanctions policy around the world.
Ronald Kirk — A senior of counsel in Gibson, Dunn & Crutcher’s Dallas and Washington, D.C. offices, Ambassador Kirk is Co-Chair of the International Trade practice and is also a member of the Public Policy, Crisis Management, Mergers and Acquisitions and Private Equity practice groups. He draws upon more than 30 years of diverse legislative and economic experience on local, state and federal levels. Ambassador Kirk’s practice focuses on providing strategic advice to companies with global interests. Prior to joining the Gibson Dunn he served as the 16th United States Trade Representative (USTR) where he was responsible for the development and oversight of U.S. trade policy, including strategy, negotiation, implementation and enforcement of multilateral, regional/bilateral and sector-specific trade agreements, and was a member of President Obama’s Cabinet, serving as the President’s principal trade advisor, negotiator and spokesperson on trade issues. Ambassador Kirk successfully negotiated the conclusion and Congressional passage of trade agreements with Columbia, Panama and Korea, and Russian’s entry in the World Trade Organization. He was also responsible for U.S. trade policy involving agriculture; industry; services and investment; intellectual property; environment; labor; development and preference programs.
Rahim Moloo — An of counsel in the New York office of Gibson, Dunn & Crutcher and a member of Gibson Dunn’s International Arbitration Practice Group, Mr. Moloo’s practice focuses on assisting clients to resolve complex international disputes in the most effective and efficient way possible. He has extensive experience in both international commercial and investor-state arbitrations, and also advises clients on the structuring of foreign investments and matters of international law. Mr. Moloo has advised clients on their investments in Africa, Asia, Europe, and the Americas. He is particularly aware of the issues that multinationals face in emerging markets, having previously been General Counsel to an international organization in Central Asia. Mr. Moloo has experience across a number of industries, but especially in disputes relating to energy, mining, infrastructure, technology and consumer products.