publication

Investment structuring and re-structuring the Italian perspective

Authors:
Giorgio RISSO
Giovanni DALL'AGNOLA
2025

The multiplication of international investment treaties provides foreign investors with a valuable network to obtain and/or maximize investment protection through investment structuring and/or re-structuring (also known as nationality planning). When selecting the most appropriate treaty for structuring and/or re-structuring its investment, an investor should carry out a case-by-case assessment including on the basis of the following factors: (i) the requirements to access investment protection; (ii) the degree of the substantive and procedural protections; (iii) the timing of the re-structuring; and (iv) the overall language of the chosen treaty. Against this background, the article analyses each of the foregoing factors through the lens of the bilateral investment treaties concluded by Italy, as well as the case law involving Italian investors as claimants and/or Italy as respondent. The analysis shows that foreign investors should take into consideration the Italian network of bilateral investment treaties for investment structuring and/or re-structuring purposes since most of these treaties provide for advantageous jurisdictional requirements, as well as effective substantive and procedural protections.