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Bilateral Investment Agreement

Bilateral Investment Agreement Template for Belgium

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Key Requirements PROMPT example:

Bilateral Investment Agreement

"I need a Bilateral Investment Agreement under Belgian law for a renewable energy investment project between Belgium and Canada, with special focus on technology transfer provisions and environmental protection standards, to be implemented by March 2025."

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Document background
The Bilateral Investment Agreement serves as a crucial legal instrument for protecting and promoting cross-border investments under Belgian law. This document is essential when establishing formal investment relationships between Belgium and another country, or when implementing investment protection frameworks that comply with both Belgian domestic law and EU regulations. The agreement typically includes detailed provisions on investment protection, fair and equitable treatment standards, expropriation rules, fund transfer regulations, and dispute resolution mechanisms. It is particularly relevant in today's global economy where cross-border investments require robust legal protection and clear regulatory frameworks. The document must align with Belgian federal investment laws, EU regulations, and international investment principles while providing adequate protection for both domestic and foreign investors.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including their legal status and authority to enter into the agreement

2. Background: Context of the investment agreement and the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Scope of Agreement: Definition of investments covered and territorial application

5. Investment Promotion and Protection: Core provisions on how investments will be protected and promoted

6. Treatment of Investments: Standards of treatment including fair and equitable treatment, national treatment, and most-favored-nation treatment

7. Expropriation and Compensation: Rules regarding expropriation and calculation of compensation

8. Transfer of Funds: Provisions governing the transfer of investment-related funds

9. Dispute Resolution: Procedures for resolving disputes between investors and states

10. Duration and Termination: Term of the agreement and termination procedures

11. Final Provisions: Entry into force, amendments, and survival clause

Optional Sections

1. Specific Sector Provisions: Special provisions for specific sectors (e.g., energy, telecommunications, financial services)

2. Environmental Provisions: Environmental protection obligations and sustainable development commitments

3. Labor Standards: Provisions ensuring compliance with international labor standards

4. Intellectual Property Rights: Special provisions for protection of intellectual property

5. State-Owned Enterprises: Specific provisions dealing with state-owned enterprises

6. Tax Treatment: Specific provisions regarding taxation of investments

7. Force Majeure: Provisions dealing with extraordinary events affecting investments

8. Anti-Corruption Measures: Specific anti-corruption and compliance requirements

Suggested Schedules

1. Schedule A - Defined Terms: Comprehensive list of defined terms and their meanings

2. Schedule B - Excluded Sectors: List of sectors or activities excluded from the agreement

3. Schedule C - Special Economic Zones: Details of any special economic zones and applicable rules

4. Schedule D - Documentation Requirements: List of required documentation for investment registration

5. Appendix 1 - Dispute Resolution Procedures: Detailed procedures for dispute resolution

6. Appendix 2 - Compensation Calculation Methods: Methods for calculating compensation in case of expropriation

7. Appendix 3 - Forms and Notices: Standard forms and notices to be used under the agreement

8. Appendix 4 - Regulatory Requirements: List of applicable regulatory requirements and compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Investment
Investor
Territory
Host State
Home State
Returns
Fair and Equitable Treatment
National Treatment
Most-Favored-Nation Treatment
Expropriation
Indirect Expropriation
Compensation
Free Transfer
Business Day
Effective Date
Force Majeure
Government Authority
Host State Law
ICSID Convention
Investment Dispute
Licensed Activity
Material Adverse Change
Nationals
Protected Information
Qualifying Investment
Related Agreements
Sovereign Rights
State Enterprise
Substantial Business Activities
Transfer
Treatment
Tribunal
Working Day
Applicable Law
Competent Authority
Confidential Information
Dispute Resolution Procedure
EU Law
Initial Period
Investment Authorization
Investment Enterprise
Market Value
Notice
Parties
Permitted Transfer
Protected Investment
Regulatory Measure
Term
Clauses
Scope of Application
Investment Protection
National Treatment
Most-Favored-Nation Treatment
Fair and Equitable Treatment
Full Protection and Security
Expropriation
Compensation
Transfer of Funds
Subrogation
Dispute Settlement
Investor-State Arbitration
State-State Dispute Resolution
Transparency
Environmental Protection
Labor Standards
Anti-Corruption
Force Majeure
Termination
Survival
Amendment
Entry into Force
Definitions
General Exceptions
Security Exceptions
Treatment of Investments
Denial of Benefits
Non-Derogation
Compliance with Laws
Corporate Social Responsibility
Taxation
Intellectual Property Rights
Financial Services
Competition
State-Owned Enterprises
Performance Requirements
Governing Law
Notices
Confidentiality
Entire Agreement
Relevant Industries

Energy and Natural Resources

Infrastructure Development

Financial Services

Manufacturing

Technology and Telecommunications

Real Estate and Construction

Healthcare and Pharmaceuticals

Agriculture and Food Processing

Transportation and Logistics

Mining and Minerals

Renewable Energy

Digital Economy

Relevant Teams

Legal

International Business Development

Government Relations

Regulatory Affairs

Investment

Risk Management

Compliance

Corporate Strategy

Policy and Public Affairs

International Trade

Economic Analysis

Corporate Development

Relevant Roles

Legal Director

Investment Manager

Chief Legal Officer

International Business Development Manager

Regulatory Compliance Officer

Chief Investment Officer

Foreign Investment Advisor

Government Relations Director

Policy Advisor

Corporate Strategy Director

Risk Management Officer

International Trade Counsel

Economic Affairs Director

Treaty Negotiator

Investment Protection Specialist

Industries
Belgian Code of Economic Law: The primary legislation governing economic activities and investments in Belgium, containing provisions on market practices, competition, and business regulations
Belgian Civil Code (Code Civil): Contains fundamental contract law principles, including formation, validity, and enforcement of agreements under Belgian law
EU Regulation 1219/2012: Establishes transitional arrangements for bilateral investment agreements between EU Member States and third countries
ICSID Convention: Belgium is a signatory to the International Centre for Settlement of Investment Disputes Convention, which provides a framework for international investment dispute resolution
Belgian Law on the Protection of Foreign Investments: Specific national legislation protecting foreign investments and establishing guarantees for foreign investors
EU Treaty on the Functioning of the European Union (TFEU): Articles 207 and 218 governing EU common commercial policy and international agreements, affecting investment agreements with non-EU countries
Belgian Anti-Money Laundering Law: Regulations concerning financial transparency and anti-money laundering provisions that may affect investment procedures
Belgian Competition Law: Rules governing market competition and merger control that might affect investment agreements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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