Advisory committee submits report on the United States model bilateral investment treaty

By Damon Vis-Dunbar
2 October 2009

An advisory committee to the U.S. Department of State and the Office of the United States Trade Representative has issued its report on the United States’ model bilateral investment treaty.

The United States is reviewing its model BIT with an emphasis on three topics in particular: (a) dispute settlement provisions; (b) state-owned enterprises; and (c) financial services issues. The U.S. model BIT, which is carefully adhered to in U.S. negotiations over bilateral investment treaties and investment chapters in free trade agreements, was last reviewed and updated 5 years ago.

The advisory committee report features input from a diverse group of representatives from business, civil society and academia, and showcases areas in which these individuals differ and agree.  In August, the U.S. State Department also held a public meeting, attended by more than 70 people, in order to gather feedback on improvements to its bilateral investment treaties.

A copy of the advisory committee report is available here.

For further background on the U.S. review of its model BIT, see the ITN’s previous reporting:

“United States Trade Representative and State Department hold Public Hearing and Solicit Written Comments in US Model BIT Review”, By Elizabeth Whitsitt, Investment Treaty News, 2 September 2009, available here: http://www.investmenttreatynews.org/cms/news/archive/2009/09/01/united-states-trade-representative-and-state-department-hold-public-hearing-and-solicit-written-comments-in-us-model-bit-review.aspx

“United States reviews its model bilateral investment treaty”, By Damon Vis-Dunbar, Investment Treaty News, 5 June 2009, available here: http://www.investmenttreatynews.org/cms/news/archive/2009/06/05/united-states-reviews-its-model-bilateral-investment-treaty.aspx