Switzerland's Investment Treaty Policy

Bilateral Investment Promotion and Protection Agreements (BITs)

Switzerland has signed over 110 BITs. According to UNCTAD, Switzerland has the world's third largest network of such agreements after Germany and China. The conclusion of BITs improve the legal security, the investment climate and thus enhance the attractiveness as a location for international investments.

The purpose of BITs is to afford international law protection from non-commercial risks associated with investments made by Swiss nationals and Swiss-based companies in partner countries - and, inversely, investments made by the nationals and companies of partner countries in Switzerland. Such risks include state discrimination against foreign investors in favour of local ones, unlawful expropriation or unjustified restrictions on payments and capital flows. To these provisions have been added obligations on the part of the contracting countries to treat investments made by investors in the other signatory country ‘fairly and equitably‘. In addition, contracting countries are required to respect state commitments made to specific investors in relation to corresponding investments.

Switzerland has continuously been developing its BITs practice. In particular, provisions have been developed in order to strengthen the coherence with the objectives of sustainable development. Switzerland also uses a provision making the new UNCITRAL Transparency Rules, in force since 1 April 2014, applicable to all Investor-State arbitrations.

Bilateral Agreement on the Promotion and Protection of Investments between Switzerland and Indonesia

On June 3, 2022, the Federal Council instructed the EAER to consult the cantons, the political parties, the national business associations of municipalities, cities and mountain regions, the national economic business associations and interested circles on the bilateral Agreement between Switzerland and Indonesia on the promotion and protection of investments. The consultation ended on 26 September 2022. All relevant information is available here.

Specialist staff
Last modification 25.03.2024

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