January 20, 2016
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Investor-State arbitration subject to exhaustion of domestic remedies and strict procedural and remedy limits.
The Model BIT defines covered investments and investors, excludes specified asset classes and pre-investment activities, and applies to admitted investments. It imposes obligations including protection from measures violating customary international law, national treatment in like circumstances, limited physical full protection and security, and detailed expropriation and transfer rules with specified exceptions. The Treaty conditions investor-State arbitration on exhaustion of domestic remedies and other prerequisites, prescribes arbitration rules and strict procedural safeguards, limits awards to monetary compensation, and preserves general and security exceptions and denial-of-benefits provisions.