This is an Open Access article distributed under the terms of the Creative Commons Attribution-Noncommercial 4.0 Unported License, permitting all non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited. ISSC 2016 : International Soft Science Conference Are Bilateral Investment Treaties (BITs) a Safe Haven to Multinational Companies (MNCs)? Ashraf M. A. Elfakharani a *, Rohana Abdulrahman a * Corresponding author: elfakharany.ashraf@yahoo.com a* School of Law Ghazali Shafie Graduate School of Government, Universiti Utara Malaysia, Sintok 06010, Malaysia, elfakharany.ashraf@yahoo.com Abstract One criticism of the most of bilateral trade agreements is that they focus more on the rights than the responsibilities of corporations. Limited liability was never intended to allow corporations to escape liability for any breach of conduct. The International Covenants on Human Rights and the Declaration on the Right to Development established that States are the primary duty bearers of human rights and that, as a consequence, each State needed to regulate foreign investment within its jurisdiction. It is imperative to search for methods of holding MNCs accountable and to regulate their operations so as to benefit local communities as well as the international economic system and that should not be abused. This article reviews the very question on whether BITs are a safe haven for encroachments of Multinational companies. It provides a review of the literature and various external cases that exhibit possible abuse of the BITs provision in the respective host country. This article is intended to provide an understanding as to why BITs are considered a safe haven for MNCs. © 2016 Published by Future Academy www.FutureAcademy.org.uk Keywords: Multinational Corporations; Arbitration; Human Rights; Bilateral Treaties; Encroachment. 1. Introduction The world is seeing a tremendous development inside of the last few decennary, in the outside venture, particularly in foreign direct investment (FDI). Generally, peregrine ventures are started by a passive or arrangement between the peregrine organizations or speculators in the host nation. Such common and two-sided assertion is tying between the gatherings included (Dolzer, & Stevens, 1995). This understanding speaks to those sorts of organizations of respective connection going for puncturing http://dx.doi.org/10.15405/epsbs.2016.08.34