Common use of Non-discriminatory treatment Clause in Contracts

Non-discriminatory treatment. as compared with a non-party's investors 1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of any non-Party with respect to the expansion, management, conduct, operation, and sale or other disposition of investments in its Area. 2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments in its Area of investors of any non-Party with respect to the expansion, management, conduct, operation, and sale or other disposition of investments. 3. The concept of "expansion" in this Article shall apply only with respect to investments not subject to a prior approval process or admission requirements under applicable laws, regulations and rules in force at the time of the expansion. 4. For greater certainty, the treatment referred to in this Article does not encompass dispute resolution procedures or mechanisms provided under any bilateral or multilateral agreements or arrangements. 5. A claimant may not submit a claim under Section C (Settlement of Disputes between an Investor and the Host Party) alleging a breach of, or otherwise invoking, this Article on the basis that another bilateral or multilateral agreement contains more favourable rights or obligations. For greater certainty, this paragraph shall not prevent a claim challenging measures of a Party, including measures taken in accordance with another bilateral or multilateral agreement, on the basis that such measures breach this Article and have resulted in loss or damage to the claimant's covered investment.