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 is continuously developing its treaty practice in the area of BITs. In particular, provisions have been developed to achieve greater coherence with the objectives of sustainable development. In its further development, Switzerland also takes into account the treaty practice of other states and the jurisprudence of arbitral tribunals in the application of IIAs.

Studies by the Swiss Institute of Comparative Law (2023)

Bilateral Agreement on the Protection of Investments between Switzerland and Indonesia

The new bilateral investment protection agreement between Switzerland and Indonesia entered into force on 1st August, 2024 (press release, German). The agreement fills the legal vacuum that resulted from the denunciation of the previous agreement in 2016. This is the first investment protection agreement to be based on Switzerland's new negotiating approach.

Message to the parliament (German)

Specialist staff
Last modification 15.10.2024

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International Investment & Multinational Enterprises
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