AAA Model Bilateral Investment Treaty for African States

Recognising the growing importance of foreign direct investment in Africa and the desire of African states to promote an attractive investment climate that enhances sustainable development, the Africa Arbitration Academy Model Bilateral Investment Treaty for African States (AAA Model BIT) has been developed to promote these objectives. The AAA Model BIT sets out the investment policy framework for the promotion of foreign direct investments in Africa and provides a unique approach to balancing the relationship between investment promotion and sustainable development. It recognises the right of State Parties to regulate and to introduce new measures relating to investments in their territories in order to meet national policy objectives in accordance with established principles of international law. It serves as a source of cohesion for African States in relation to their ISDS reform strategies and promotes the codification of African States’ investment policies and laws. The AAA Model BIT has been designed as a comprehensive document comprised of uniform texts which African States may adopt as a basis for developing their specific model investment treaties, and also for non-African States when seeking to negotiate and conclude BITs with African States. Even if a State does not have a model investment treaty, this AAA Model BIT will be useful in considering how obligations are drafted. It provides insights into different drafting approaches.

The preparation of the AAA Model BIT has been undertaken through an interactive and in-depth research process by a Drafting and Technical Review Committee consisting of seasoned arbitration and investment law experts drawn from different African States and the international arbitration and investment law community. It presents a modest contribution to the ISDS discourse and is an intellectual work product of the Africa Arbitration Academy. The provisions, content and commentaries included in the Model BIT do not purport to reflect the personal and professional individual opinions of the members of the Drafting and Technical Review Committees or any of the institutions, firms or organizations with which they are affiliated. The fact that the names of the members of the Drafting and Technical Review Committees appear on this Model BIT does not imply the expression of any opinion of whatsoever nature on the part of any individual member regarding the text of the Model BIT.

The Africa Arbitration Academy Model BIT is available in English, French, Portuguese and Arabic.

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