U.S. Model Bilateral Investment Treaty (2004) (US BIT) - World Arbitration Reporter (WAR) - 2nd Edition

Andrea J. Menaker is a Partner of White & Case LLP where she practices international arbitration. Prior to joining White & Case, she was Chief of the NAFTA Arbitration Division for the U.S. State Department where she represented the United States in arbitrations under NAFTA Chapter Eleven and participated in the drafting of the 2004 U.S. Model BIT and the investment protection and dispute resolution provisions in U.S. BITs and Free Trade Agreements, including the CAFTA-DR.

Nicole Thornton is an associate in White & Case LLP where she also practices international arbitration. Prior to joining White & Case, she was an attorney-adviser with the U.S. State Department, Office of the Legal Adviser.

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Description:

Originally from World Arbitration Reporter (WAR) - 2nd Edition

I. INTRODUCTION

A. Purpose

The primary goals of the U.S. bilateral investment treaties (BITs) program, which the 2004 Model is designed to advance, are “to i) protect investment abroad in those countries where investors’ rights are not already protected through existing agreements (such as model treaties of friendship, commerce and navigation, or FTAs); ii) encourage the adoption of market-oriented domestic policies that treat private investment in an open, transparent, and non-discriminatory way; and iii) support the development of international law standards consistent with these objectives.”

Table of Contents:

U.S. MODEL BILATERAL INVESTMENT TREATY (2004) (US BIT)

I. INTRODUCTION A. Purpose B. Historical Background C. Structure of the Treaty 1. Preamble 2. Section A 3. Section B 4. Section C 5. Annexes A-D II. COMMENTARY A. Clarification of Standards 1. Minimum Standard of Treatment (MST) 2. Expropriation B. Transparency C. Improving Efficiency and Deterring Frivolous Claims D. Consistency in Interpretations of Investment Provisions Across Agreements E. Other Modifications III. CONTRACTING STATES A. Current BITs Based on 2004 Model 1. U.S. Uruguay BIT 2. U.S.-Rwanda BIT B. Recent Free Trade Agreements (FTAs) with Investment Chapters IV. JUDICIAL/ARBITRAL DECISIONS V. APPENDIX A. Text of the U.S. Model Bilateral Investment Treaty B. Bibliography