e Tribunal in SGS v. Pakistan did not find that the umbrella clause in the
Switzerland–Pakistan BIT would place the state’s contractual and domestic
law obligations underthe treaty arbitration mechanism. Itsimilarly refused
to find that a broad arbitration clause in a treaty covering disputes “with
respect to investments” would subject investor–state contractual disputes
to the treaty arbitration mechanism in replacement of the agreed-upon
dispute resolution mechanism in the investor–state contract. Notably,
however, the so-called restrained approach in SGS v. Pakistan was not
followed by the subsequent SGS v. Philippines Tribunal, which concluded
that umbrella clauses and broad dispute resolution clauses (sometimes
referred to as “procedural umbrella clauses”) could indeed give a treaty
tribunal jurisdiction over contract claim