Bilateral Investment Treaty Arbitration for the United States

Bilateral Investment Treaty Arbitration Template for United States

A Bilateral Investment Treaty Arbitration document is a formal legal instrument used in international investment dispute resolution under US jurisdiction. It enables foreign investors to bring claims against host states for alleged violations of investment protection standards guaranteed under bilateral investment treaties. The document outlines the legal basis for the dispute, details of the alleged treaty breaches, evidence supporting the claims, and the remedies sought.

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What is a Bilateral Investment Treaty Arbitration?

Bilateral Investment Treaty Arbitration documents are crucial instruments in international investment law, used when foreign investors seek to resolve disputes with host states through arbitration. These documents are particularly relevant under US jurisdiction when there are alleged violations of investment protections guaranteed by bilateral investment treaties. The document typically includes detailed claims, supporting evidence, jurisdictional arguments, and requested remedies. It serves as the foundation for arbitration proceedings and must comply with both international arbitration rules and relevant US legislation.

What sections should be included in a Bilateral Investment Treaty Arbitration?

1. Parties: Identification of the disputing parties (investor and state)

2. Background: Context of the investment dispute and relevant BIT provisions

3. Definitions: Key terms used in the arbitration document

4. Jurisdiction and Applicable Law: Basis for tribunal's jurisdiction and governing law

5. Statement of Claims: Detailed presentation of investment claims and alleged breaches

6. Relief Sought: Specific remedies requested by the claimant

What sections are optional to include in a Bilateral Investment Treaty Arbitration?

1. Provisional Measures: Requests for interim relief when urgent protective measures are needed

2. Bifurcation Request: Request to separate jurisdiction and merits phases when jurisdictional issues are complex or contested

3. Confidentiality Provisions: Special arrangements for handling sensitive commercial or state information

What schedules should be included in a Bilateral Investment Treaty Arbitration?

1. Evidence Schedule: List of documentary evidence supporting claims

2. Witness Statements: Written testimony from fact witnesses

3. Expert Reports: Technical or legal expert opinions

4. Damages Calculations: Detailed quantification of claimed losses

5. Relevant BIT Provisions: Excerpts from applicable investment treaty

6. Timeline of Events: Chronological summary of key events

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Federal Arbitration Act (FAA): Primary US federal law governing arbitration procedures and enforcement of arbitration agreements and awards in interstate and international commerce

Administrative Procedure Act: Federal statute governing how administrative agencies of the US government may propose and establish regulations and the standards for judicial review of agency actions

Foreign Sovereign Immunities Act (FSIA): US law establishing limitations on whether a foreign sovereign nation may be sued in US courts, including provisions relevant to enforcement of arbitration awards against sovereign states

Trade Act of 1974: Comprehensive legislation that governs various aspects of international trade and investment relationships of the United States

Trade Promotion Authority: Legislative framework that establishes US trade negotiation objectives and procedures for congressional approval of international trade agreements

ICSID Convention: International treaty establishing the International Centre for Settlement of Investment Disputes and providing framework for arbitration of investment disputes between states and nationals of other states

New York Convention: International treaty providing for recognition and enforcement of foreign arbitral awards across jurisdictions

Vienna Convention on the Law of Treaties: International agreement governing the interpretation and application of treaties between states

ICSID Arbitration Rules: Procedural rules governing arbitration proceedings under the ICSID Convention

UNCITRAL Arbitration Rules: Set of procedural rules for conduct of arbitral proceedings arising out of commercial relationships, commonly used in investment arbitration

US Constitution Article III: Constitutional provision establishing federal judicial power and its scope, relevant for determining arbitrability and enforcement of awards

Treaty Clause: Article II, Section 2, Clause 2 of US Constitution governing treaty-making power and implementation of international agreements

Customary International Law: Established patterns of state practice recognized as binding in international law, relevant for interpretation of investment protections

State Responsibility Principles: International law principles governing when states are responsible for internationally wrongful acts and resulting obligations

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