Bilateral Investment Treaty (BIT)

Description

Bilateral Investment Treaties (BITs) establish comprehensive investment protections between countries, enabling investors to pursue claims against government actions affecting their investments. Our BIT drafting and negotiation service addresses investment protection framework. We establish scope of covered investments (direct investments, portfolio investments, intellectual property, business contracts). We draft investor treatment provisions including national treatment (treating foreign investors same as domestic investors), most-favored-nation treatment (treating foreign investors at least as well as investors from other countries), and fair and equitable treatment (non-discriminatory, non-arbitrary treatment). We address expropriation provisions protecting investors from direct/indirect expropriation without compensation at fair market value. We draft compensation provisions specifying compensation calculation based on fair market value, tangible/intangible assets, and lost profits. We establish investor safeguards including restrictions on performance requirements (local content, export requirements, technology transfer requirements). We address investor-state dispute settlement mechanisms enabling investors to arbitrate claims against government actions (administrative actions, legislative acts, judicial decisions). We establish arbitration procedures including ICSID, UNCITRAL Rules, and Stockholm Chamber procedures. We draft provisional measures provisions enabling arbitrators to recommend provisional measures protecting investor assets. We address counterclaims and defenses available to governments. We establish appeal or annulment procedures. We address fair and equitable treatment interpretation and application. We draft scope of investment definition ensuring covered investments. We address energy sector protections if applicable. We establish entry and operation conditions. We draft capital transfer provisions enabling free capital movement.