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Arbitration Under International Investment Agreements

Arbitration Under International Investment Agreements Template for Switzerland

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Arbitration Under International Investment Agreements

"I need an Arbitration Under International Investment Agreements document for a renewable energy project in Switzerland between our German investment fund and a Southeast Asian government, with ICSID rules and specific provisions for environmental impact monitoring, to be implemented by March 2025."

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Document background
Arbitration Under International Investment Agreements in Switzerland serves as the primary mechanism for resolving disputes between foreign investors and host states. This document is essential when establishing investment protection mechanisms and dispute resolution procedures under Swiss law, which is widely recognized for its arbitration-friendly approach and legal certainty. It becomes relevant when foreign investments are made in host states, particularly in sectors such as infrastructure, energy, or natural resources. The agreement incorporates provisions from Swiss Private International Law Act (PILA), relevant bilateral investment treaties, and international conventions, while benefiting from Switzerland's extensive jurisprudence in international arbitration. The document addresses crucial aspects such as arbitral tribunal constitution, procedural rules, applicable law, and enforcement mechanisms, providing a balanced framework that protects both investor rights and state sovereignty.
Suggested Sections

1. Parties: Identification of the contracting parties, including the host state and investor(s), their legal status, and contact details

2. Background: Context of the investment relationship and purpose of the arbitration agreement

3. Definitions: Key terms used throughout the agreement, including investment-specific terminology and legal concepts

4. Scope of Agreement: Specification of disputes covered by the arbitration agreement and temporal scope

5. Arbitration Rules: Choice of institutional rules (e.g., ICSID, UNCITRAL) and any modifications

6. Arbitral Tribunal: Composition, appointment process, and qualifications of arbitrators

7. Seat of Arbitration: Designation of Switzerland as seat and specific location

8. Language of Arbitration: Official language(s) for proceedings and documents

9. Applicable Law: Choice of law provisions for substance and procedure

10. Confidentiality: Provisions regarding confidentiality of proceedings and documents

11. Costs and Fees: Allocation of arbitration costs and legal fees

12. Awards: Form, timing, and enforcement of arbitral awards

13. Notices: Communication procedures between parties and tribunal

14. General Provisions: Severability, entire agreement, amendments, and waivers

Optional Sections

1. Emergency Arbitrator: Procedures for urgent interim relief before tribunal constitution

2. Multi-Party Provisions: Required when multiple investors or states are involved

3. Expertise Proceedings: Procedures for appointing expert witnesses and handling technical matters

4. Mediation Step: Optional pre-arbitration mediation requirement

5. Document Production: Specific rules for document disclosure and evidence gathering

6. Third-Party Funding: Provisions regarding disclosure and regulation of external funding

7. Appeals Mechanism: Optional provisions for appeals or review of awards

8. Special Industry Provisions: Sector-specific provisions (e.g., for energy, infrastructure)

9. Sovereign Immunity: Specific provisions regarding waiver of sovereign immunity

10. Interim Measures: Detailed procedures for obtaining interim relief

Suggested Schedules

1. Schedule 1: Arbitration Request Template: Standard form for initiating arbitration proceedings

2. Schedule 2: Arbitrator Declaration Form: Independence and impartiality declarations

3. Schedule 3: Fee Schedule: Detailed breakdown of administrative and arbitrator fees

4. Schedule 4: Timeline: Procedural timeline and key deadlines

5. Schedule 5: Document Production Protocol: Detailed rules for document disclosure

6. Appendix A: Model Confidentiality Agreement: Template for additional confidentiality undertakings

7. Appendix B: Technical Expert Procedures: Detailed procedures for expert appointments and reports

8. Appendix C: Communication Protocol: Detailed procedures for electronic communications and filings

9. Appendix D: Applicable Investment Treaties: List of relevant BITs and multilateral treaties

10. Appendix E: Tribunal Secretary Guidelines: Rules governing appointment and role of tribunal secretary

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions













































Clauses









































Relevant Industries

Energy and Natural Resources

Infrastructure Development

Telecommunications

Financial Services

Manufacturing

Real Estate Development

Mining and Minerals

Agriculture and Forestry

Technology and Digital Services

Transportation

Healthcare and Pharmaceuticals

Renewable Energy

Construction

Utilities

Tourism and Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Government Relations

Investment

Regulatory Affairs

Operations

Strategy

International Relations

Project Management

Policy

Business Development

Relevant Roles

General Counsel

Legal Director

Investment Manager

Chief Legal Officer

International Arbitration Counsel

Corporate Counsel

Investment Treaty Specialist

Arbitration Partner

Legal Operations Manager

Compliance Officer

Risk Manager

Project Director

Chief Investment Officer

Senior Legal Counsel

Government Relations Director

Policy Advisor

Regulatory Affairs Manager

Industries










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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