Common use of Non-discriminatory treatment Clause in Contracts

Non-discriminatory treatment. national treatment and most favored nation treatment 1. Without prejudice to its laws and regulations, each Party shall grant in its territory the investments of investors of the other Party in respect of the management, maintenance, use, enjoyment or disposal of its investments, no less favorable than that granted, under similar circumstances, to the investments of its own investors or to the investments of third party investors, whichever is more favorable. 2. Without prejudice to its laws and regulations, each Party shall grant investors in its territory to investors of the other Party with respect to the management, maintenance, use, enjoyment or disposal of its investments, no less favorable treatment than granted, under similar circumstances, to its own investors or to third party investors, whichever is more favorable. 3. This Agreement does not prevent the adoption and implementation of new legal requirements or restrictions on investors and their investments, as long as they are no more discriminatory than before. 4. The Most Favored Nation Treatment provisions do not apply to the dispute settlement mechanisms provided for in other international agreements. 5. The provisions of this Article concerning national and most favored nation treatment shall not be construed as obliging a Party to extend to investors of the other Party and to their investments the benefits of any treatment, preference or privilege arising from: (a) An existing or future free trade area, customs union, or common market or similar international agreement to which a Party has acceded or will accede or any other form of regional cooperation to which either Party may become a party; (b) International investment agreements to which one of the Parties is a party and which have been signed or are in force prior to the entry into force of this Agreement; (c) Any national legislation relating to taxation wholly or partly, provided that it is not discriminatory; (d) Government grants (grants, loans, insurance and guarantees) granted exclusively by a Party to its own investors as part of national development activities and programs.