Common use of Exclusions from Dispute Settlement (Establishment Clause in Contracts

Exclusions from Dispute Settlement (Establishment. 1. Decisions of a Contracting Party as to whether or not to permit establishment of a new business enterprise, or acquisition of an existing business enterprise or a share of such enterprise, by investors or prospective investors of the other Contracting Party shall not be subject to dispute settlement under Article XII of this Agreement. 2. Further to paragraph (1), decisions by a Contracting Party pursuant to a pre-existing non- conforming measure described in Article II(1)(b) of this Annex as to whether or not to permit an acquisition shall, in addition, not be subject to dispute settlement under Article XIII of this Agreement.

Exclusions from Dispute Settlement (Establishment. 1. Decisions of a Contracting Party as to whether or not to permit establishment of a new business enterprise, or acquisition of an existing business enterprise or a share of such enterprise, by investors or prospective investors of the other Contracting Party shall not be subject to dispute settlement under Article XII of this Agreement. 2. Further to paragraph (1), decisions by a Contracting Party pursuant to a pre-existing non- non-conforming measure described in Article II(1)(b) of this Annex as to whether or not to permit an acquisition shall, in addition, not be subject to dispute settlement under Article XIII of this Agreement.

Exclusions from Dispute Settlement (Establishment. 1. Decisions of a Contracting Party as to whether or not to permit establishment of a new business enterprise, or acquisition of an existing business enterprise or a share of such enterprise, by investors or prospective investors of the other Contracting Party shall not be subject to dispute settlement under Article XII of this Agreement. 2. Further to paragraph (1), decisions by a Contracting Party pursuant to a pre-existing non- conforming measure conformingmeasure described in Article II(1)(b) of this Annex as to whether or not to permit an acquisition shall, in addition, not be subject to dispute settlement under Article XIII of this Agreement.