Image

Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

Investment Protection – Swiss Style

  • Article Summary: Authors Kirstin Dodge, Simon Vorburger, and Gabrielle Nater-Bass examine Switzerland's extensive network of bilateral investment treaties (BITs) and its legal framework for protecting outbound foreign investment. The article highlights key substantive protections in Swiss BITs, including broad definitions of covered investors and assets, fair and equitable treatment, and protections against expropriation. It also addresses procedural mechanisms, such as options for ICSID or UNCITRAL arbitration.
  • ArbitralWomen Co-Author/s: Gabrielle Nater-Bass
  • Non-ArbitralWomen Co-Author/s: Simon Vorburger
  • Kluwer Arbitration Blog

The authors recall that historically Switzerland has been an attractive location for international corporate headquarters. Switzerland was the first State after Germany to enter into bilateral investment treaties (“BITs”) beginning in 1961. To date, after having signed more than 130 BITs, Switzerland is clearly committed to the availability of investor-state dispute settlement mechanisms as a means of protecting international investments and depoliticizing investment disputes. The country also appears to be committed to addressing head-on controversial issues that have arisen in investment treaty cases by taking a modern and flexible approach to the negotiation and drafting of BITs.