Common use of Treatment of Investment Clause in Contracts

Treatment of Investment. 1. Each Party shall accord fair and equitable treatment and full protection and security to investors of the other Party and covered investments in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments). 2. A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 where a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; (e) abusive treatment such as coercion, abuse of power or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3. 3. Treatment not listed in paragraph 2 may constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments). 4. When applying paragraphs 1 to 3, a dispute settlement body under Chapter 3 (Dispute Settlement) may take into account whether a Party made a specific representation to an investor of the other Party to induce a covered investment that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that investment, but that the Party subsequently frustrated. 5. For greater certainty, the term "full protection and security" referred to in paragraph 1 refers to a Party's obligations to act as may be reasonably necessary to protect physical security of the investors and the covered investments. 6. Where a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1 1 For greater certainty, a written agreement that is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement. (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 creates an exchange of rights and obligations in connection to the said investment, binding on both parties; and (d) the written agreement does not contain a clause on the settlement of disputes between the parties to that agreement by international arbitration. 7. 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.

Treatment of Investment. 1. Each Party shall accord fair and equitable treatment and full protection and security to investors of the other Party and covered investments in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments). 2. A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 where a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; (e) abusive treatment such as coercion, abuse of power or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3. 3. Treatment not listed in paragraph 2 may constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments). 4. When applying paragraphs 1 to 3, a dispute settlement body under Chapter 3 (Dispute Settlement) may take into account whether a Party made a specific representation to an investor of the other Party to induce a covered investment that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that investment, but that the Party subsequently frustrated. 5. For greater certainty, the term "full protection and security" referred to in paragraph 1 refers to a Party's obligations to act as may be reasonably necessary to protect physical security of the investors and the covered investments. 6. Where a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1 1 For greater certainty, a written agreement that is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement.Agreement;0 (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 agreement0 creates an exchange of rights and obligations in connection to the said investment, binding on both parties; and (d) the written agreement does not contain a clause on the settlement of disputes between the parties to that agreement by international arbitration. 7. 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.

Treatment of Investment. 1. Each Party shall accord fair and equitable treatment and full protection and security to investors of the other Party and to covered investments in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments). 2. A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 where a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; (e) abusive treatment such as coercion, abuse of power or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3. 3. Treatment not listed in paragraph 2 may constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments). 4. When applying paragraphs 1 to 3, a dispute settlement body under Chapter 3 (Dispute Settlement) may take into account whether a Party made a specific representation to an investor of the other Party to induce a covered investment that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that investment, but that the Party subsequently frustrated. 5. For greater certainty, the term "full protection and security" referred to in paragraph 1 refers to a Party's obligations to act as may be reasonably necessary to protect the physical security of the investors and the covered investments. 6. Where a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1 1 For greater certainty, a written agreement that is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement. (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 creates an exchange of rights and obligations in connection to the said investment, binding on both parties; and (d) the written agreement does not contain a clause on the settlement of disputes between the parties to that agreement by international arbitration. 7. 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.

Treatment of Investment. 1. Each Party shall accord fair and equitable treatment and full protection and security to investors of the other Party and to covered investments in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments). 2. A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 where a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; (e) abusive treatment such as coercion, abuse of power or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3. 3. Treatment not listed in paragraph 2 may constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments). 4. When applying paragraphs 1 to 3, a dispute settlement body under Chapter 3 (Dispute Settlement) may take into account whether a Party made a specific representation to an investor of the other Party to induce a covered investment that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that investment, but that the Party subsequently frustrated. 5. For greater certainty, the term "full protection and security" referred to in paragraph 1 refers to a Party's obligations to act as may be reasonably necessary to protect the physical security of the investors and the covered investments. 6. Where a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1 1 For greater certainty, a written agreement that is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement. (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 creates an exchange of rights and obligations in connection to the said investment, binding on both parties; and (d) the written agreement does not contain a clause on the settlement of disputes between the parties to that agreement by international arbitration. 7. 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.

Treatment of Investment. 1. Each Party shall accord fair and equitable treatment and full protection and security to investors of the other Party and covered investments in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments). 2. A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 where a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; (e) abusive treatment such as coercion, abuse of power or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3. 3. Treatment not listed in paragraph 2 may constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments). 4. When applying paragraphs 1 to 3, a dispute settlement body under Chapter 3 (Dispute Settlement) may take into account whether a Party made a specific representation to an investor of the other Party to induce a covered investment that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that investment, but that the Party subsequently frustrated. 5. For greater certainty, the term "full protection and security" referred to in paragraph 1 refers to a Party's obligations to act as may be reasonably necessary to protect physical security of the investors and the covered investments. 6. Where a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1Agreement; (1) 1 (1) For greater certainty, a written agreement that is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement. (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 agreement (1) creates an exchange of rights and obligations in connection to the said investment, binding on both parties; and (d) the written agreement does not contain a clause on the settlement of disputes between the parties to that agreement by international arbitration. 7. 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.

Treatment of Investment. 1. Each Party shall accord fair and equitable treatment and full protection and security to investors of the other Party and to covered investments in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments). 2. A Party breaches the obligation of fair and equitable treatment referred to in paragraph 1 where a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; (e) abusive treatment such as coercion, abuse of power or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3. 3. Treatment not listed in paragraph 2 may constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments). 4. When applying paragraphs 1 to 3, a dispute settlement body under Chapter 3 (Dispute Settlement) may take into account whether a Party made a specific representation to an investor of the other Party to induce a covered investment that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that investment, but that the Party subsequently frustrated. 5. For greater certainty, the term "full protection and security" referred to in paragraph 1 refers to a Party's obligations to act as may be reasonably necessary to protect the physical security of the investors and the covered investments. 6. Where a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1 1 For greater certainty, a written agreement that is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement. (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 creates an exchange of rights and obligations in connection to the said investment, binding on both parties; and (d) the written agreement does not contain a clause on the settlement of disputes between the parties to that agreement by international arbitration. 7. 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.

Treatment of Investment. 1. Each Party shall in its territory accord fair and equitable treatment and full protection and security to investments of investors of the other Party fair and covered investments equitable treatment as well as full protection and security in accordance with paragraphs 2 to 7 and Annex 3 (Understanding on the Treatment of Investments)this Article. 2. A Party breaches the obligation of fair and equitable treatment referred to referenced in paragraph Paragraph 1 where if a measure or series of measures constitutes: (a) a denial of justice in criminal, civil or administrative proceedings; (b) a fundamental breach of due process process, including a fundamental breach of transparency, in judicial and administrative proceedings; (c) manifest arbitrariness; (d) targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief;; or (e) abusive treatment treatment, such as coercion, abuse of power duress or similar bad faith conduct; or (f) a breach of any further elements of the fair and equitable treatment obligation adopted by the Parties in accordance with paragraph 3harassment. 3. Treatment not The Parties shall, upon request of a Party, review the content of the obligation to provide fair and equitable treatment, pursuant to the procedure for amendments set out in Article 44 (Entry into Force, Duration and Termination), in particular, whether treatment other than those listed in paragraph Paragraph 2 may can also constitute a breach of fair and equitable treatment where the Parties have so agreed in accordance with the procedures provided for in Article 4.3 (Amendments)treatment. 4. Full protection and security requires each Party to take such measures as may be reasonably necessary to ensure the protection and security of the investment. 5. When applying paragraphs 1 to 3the above fair and equitable treatment obligation, a dispute settlement body under Chapter 3 (Dispute Settlement) the arbitral tribunal may take into account whether a Party made a specific representation written commitment to an investor of the other Party to induce a covered investment an investment, that created a legitimate expectation, and upon which the investor relied in deciding to make or maintain that the investment, but that the Party subsequently frustrated. 56. For greater certainty, the term "full protection and security" referred The mere fact that a Party takes or fails to in paragraph 1 refers to a Party's obligations to act as take an action that may be reasonably necessary to protect physical security of the investors and the covered investments. 6. Where inconsistent with an investor’s expectations does not constitute a Party has entered into a written agreement with investors of the other Party or covered investments that satisfies all of the following conditions, that Party shall not breach that agreement through the exercise of governmental authority. The conditions are: (a) the written agreement is concluded and takes effect after the date of entry into force of this Agreement;1 1 For greater certaintyArticle, a written agreement that even if there is concluded and takes effect after the date of entry into force of this Agreement does not include the renewal loss or extension of an agreement in accordance with the provisions of the original agreement, and on the same or substantially the same terms and conditions as the original agreement, which has been concluded and entered into force before the date of entry into force of this Agreement. (b) the investor relies on the written agreement in deciding to make or maintain the covered investment other than the written agreement itself and the breach causes actual damages to that investment; (c) the written agreement1 creates an exchange of rights and obligations in connection damage to the said investment, binding on both parties; and (d) the written agreement does not contain investment as a clause on the settlement of disputes between the parties to that agreement by international arbitrationresult. 7. 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.