Common use of Treatment of Investment Clause in Contracts

Treatment of Investment. 1. Each Contracting Party shall accord in its territory to investments made in accordance With its laws and regulations by investors of the other Contracting Party as regards the management, maintenance, use, enjoyment or disposal of their investments, treatment no less favourable than that which it accords in like circumstances to investments of its own investors (hereinafter referred to as "national treatment") or to investments of investors of any third State (hereinafter referred to as "most-favoured-nation treatment"), Whichever is more favourable. 2. Each Contracting Party shall in its territory accord, to investors of the other Contracting Party, as regards the management, maintenance, use, enjoyment or disposal of their investments established in the territory of the host Contracting Party in accordance with its laws, treatment no less favourable than that which it accords in like circumstances to its own investors (national treatment) or to investors of any third State (most-favoured-nation treatment), whichever is more favourable. 3. The standard of national treatment as provided for in paragraphs 1 and 2 means, with respect to a sub-national government, treatment no less favorable than the most favorable treatment accorded in like circumstances by that sub- national government to investors, and to investments of investors, of the Party of which it forms a part. 4. The national treatment and most-favoured-nation treatment as provided for in Paragraph 1 and 2 do not apply to a. government procurement; or b. subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance; or c. taxation measures. 5. The most-favoured-nation treatment as provided for in paragraphs 1 and 2 shall not relate to privileges which either Contracting Party accords to investors of third States on account of its present or future membership of, or association with a customs or economic union, a common market or a free trade area or similar international agreement. 6. The most-favoured-nation treatment to be granted in like circumstances referred to in this Agreement does not encompass mechanisms for the settlement of investment disputes, such as those contained in Articles 11 and 12 of this Agreement, which are provided for in treaties or international investment agreements.

Treatment of Investment. 1. Each Contracting With respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of covered investments, each Party shall accord treatment no less favorable than that it accords, in like situations, to investments in its territory to investments made in accordance With its laws and regulations by investors of the other Contracting Party as regards the management, maintenance, use, enjoyment or disposal of their investments, treatment no less favourable than that which it accords in like circumstances to investments of its own investors nationals or companies (hereinafter referred to as "national treatment") or to investments in its territory of investors nationals or companies of any a third State country (hereinafter referred to as "most-favoured-most favored nation treatment"), Whichever whichever is more favourablefavorable (hereinafter referred to as "national and most favored nation treatment"). Each Party shall ensure that its state enterprises, in the provision of their goods or services, accord national and most favored nation treatment to covered investments. 2(a) A Party may adopt or maintain exceptions to the obligations of paragraph 1 in the sectors or with respect to the matters specified in the Annex to this Treaty. In adopting such an exception, a Party may not require the divestment, in whole or in part, of covered investments existing at the time the exception becomes effective. (b) The obligations of paragraph 1 do not apply to procedures provided in multilateral agreements concluded under the auspices of the World Intellectual Property Organization relating to the acquisition or maintenance of intellectual property rights. (a) Each Contracting Party shall at all times accord to covered investments fair and equitable treatment and full protection and security, and shall in no case accord treatment less favorable than that required by international law. (b) Neither Party shall in its territory accord, to investors of the other Contracting Party, as regards any way impair by unreasonable and discriminatory measures the management, maintenanceconduct, use, enjoyment or disposal of their investments established in the territory of the host Contracting Party in accordance with its laws, treatment no less favourable than that which it accords in like circumstances to its own investors (national treatment) or to investors of any third State (most-favoured-nation treatment), whichever is more favourable. 3. The standard of national treatment as provided for in paragraphs 1 and 2 means, with respect to a sub-national government, treatment no less favorable than the most favorable treatment accorded in like circumstances by that sub- national government to investorsoperation, and to investments sale or other disposition of investors, of the Party of which it forms a partcovered investments. 4. The national treatment Each Party shall provide effective means of asserting claims and most-favoured-nation treatment as provided for in Paragraph 1 and 2 do not apply to a. government procurement; or b. subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance; or c. taxation measuresenforcing rights with respect to covered investments. 5. The most-favoured-nation treatment as provided for in paragraphs 1 Each Party shall ensure that its laws, regulations, administrative practices and 2 shall not relate procedures of general application, and adjudicatory decisions, that pertain to privileges which either Contracting Party accords to investors of third States on account of its present or future membership of, affect covered investments are promptly published or association with a customs or economic union, a common market or a free trade area or similar international agreementotherwise made publicly available. 6. The most-favoured-nation treatment to be granted in like circumstances referred to in this Agreement does not encompass mechanisms for the settlement of investment disputes, such as those contained in Articles 11 and 12 of this Agreement, which are provided for in treaties or international investment agreements.

Treatment of Investment. 1. Each Contracting Party shall accord in its territory to investments made in accordance With with its laws and regulations by investors of the other Contracting Party as regards the management, maintenance, use, enjoyment or disposal of their investments, treatment no less favourable than that which it accords in like circumstances to investments of its own investors (hereinafter referred to as "national treatment") or to investments of investors of any third State (hereinafter referred to as "most-favoured-nation treatment"), Whichever whichever is more favourable. 2. Each Contracting Party shall in its territory accord, to investors of the other Contracting Party, as regards the management, maintenance, use, enjoyment or disposal of their investments established in the territory of the host Contracting Party in accordance with its laws, treatment no less favourable than that which it accords in like circumstances to its own investors (national treatment) or to investors of any third State (most-favoured-nation treatment), whichever is more favourable. 3. The standard of national treatment as provided for in paragraphs 1 and 2 means, with respect to a sub-national government, treatment no less favorable than the most favorable treatment accorded in like circumstances by that sub- sub-national government to investors, and to investments of investors, of the Party of which it forms a part. 4. The national treatment and most-favoured-nation treatment as provided for in Paragraph paragraph 1 and 2 do not apply to a. government procurement; or b. subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance; or c. taxation measures. 5. The most-favoured-nation treatment as provided for in paragraphs 1 and 2 shall not relate to privileges which either Contracting Party accords to investors of third States on account of its present or future membership of, or association with a customs or economic union, a common market or a free trade area or similar international agreement. 6. The most-favoured-nation treatment to be granted in like circumstances referred to in this Agreement does not encompass mechanisms for the settlement of investment disputes, such as those contained in Articles 11 and 12 of this Agreement, which are provided for in treaties or international investment agreements.