e Tribunal, however, declined jurisdiction with respect to claims based
on alleged breaches of the PSI Agreement that did not amount to breaches
of the BIT, rejecting SGS’s assertion that it had jurisdiction to decide
contract disputes under the broad offer to arbitrate at ICSID in the
Switzerland–Pakistan BIT and noting that such a provision could not
supersede or invalidate the jurisdiction clause in the PSI Agreement. e
Tribunal likewise refused SGS’s contention that the umbrella clause could
convert breaches of Pakistan’s contracts to violations of the BIT, noting that
there was no evidence that this was the shared intention of both
Switzerland and Pakistan.