Common use of Minimum Standard of Treatment Clause in Contracts

Minimum Standard of Treatment. 1. Each Contracting Party shall in its Area accord to investments of investors of the other Contracting Party treatment in accordance with customary international law minimum standard of treatment of aliens, including fair and equitable treatment and full protection and security. 2. For the purpose of paragraph 1, the concept of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond that which is required by the customary international law minimum standard of treatment of aliens. Note: "Fair and equitable treatment" includes the obligation of the Contracting Party not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principle of due process of law. Each Contracting Party shall accord to investors of the other Contracting Party, non-discriminatory treatment with regard to access to the courts of justice and administrative tribunals and agencies of the former Contracting Party in pursuit and in defence of rights of such investors. 3. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article.

Minimum Standard of Treatment. 1. Each Contracting Party shall in its Area accord to investments of investors of the other Contracting Party treatment in accordance with customary international law minimum standard of treatment of aliens, including fair and equitable treatment and full protection and security. 2. For the purpose of paragraph 1, the concept of "“fair and equitable treatment" ” and "“full protection and security" ” do not require treatment in addition to or beyond that which is required by the customary international law minimum standard of treatment of aliens. Note: "“Fair and equitable treatment" ” includes the obligation of the Contracting Party not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principle of due process of law. Each Contracting Party shall accord to investors of the other Contracting Party, non-discriminatory treatment with regard to access to the courts of justice and administrative tribunals and agencies of the former Contracting Party in pursuit and in defence of rights of such investors. 3. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article.