Common use of Treatment of Investments Clause in Contracts

Treatment of Investments. 3.1 No Party shall subject investments made by investors of the other Party to measures which constitute a violation of customary international law (1) through: (i) Denial of justice in any judicial or administrative proceedings; or (ii) fundamental breach of due process; or (iii) targeted discrimination on manifestly unjustified grounds, such as gender, race or religious belief; or (iv) manifestly abusive treatment, such as coercion, duress and harassment. 3.2 Each Party shall accord in its territory to investments of the other Party and to investors with respect to their investments full protection and security. For greater certainty, "full protection and security" only refers to a Party's obligations relating to physical security of investors which means ensuring foreign investors and their investments same level of physical security as provided to domestic investors and their investments and not to any other obligation whatsoever. 3.3 A determination that there has been a breach of another provision of this Treaty, or of a separate international agreement, does not establish that there has been a breach of this Article. 3.4 In considering an alleged breach of this article, a Tribunal shall take account of whether the investor or, as appropriate, the locally-established enterprise, pursued action for remedies before domestic courts or tribunals prior to initiating a claim under this Treaty. (1) For greater certainty, it is clarified that "customary international law" only results from a general and consistent practice of States that they follow from a sense of legal obligation.

Treatment of Investments. 3.1 No Party shall subject investments Investments made by investors shall not be subject to measures, by authorities of the other Party to measures territory in which the investment is made, which constitute a violation of customary international law (1) through: (ia) Denial of justice in any judicial or administrative proceedings; or (iib) fundamental breach of due process; or (iiic) targeted discrimination on manifestly unjustified grounds, such as gender, race or religious belief; or (ivd) manifestly abusive treatment, such as coercion, duress and harassment. 3.2 Each Party shall accord in its territory to investments Investments of investors of the other Party territory and to investors with respect to their investments shall be accorded full protection and security. For greater certainty, "full protection and security" only refers to the authorities of the territory of a Party's obligations relating to physical security of investors which means ensuring foreign and to investments made by the investors and their investments same level of physical security as provided to domestic investors and their investments the other territory and not to any other obligation whatsoever. 3.3 A determination that there has been a breach of another provision of this TreatyAgreement, or of a separate international agreement, does not establish that there has been a breach of this Article. 3.4 In considering an alleged breach of this article, a an Arbitral Tribunal shall take account of whether the investor or, as appropriate, the locally-locally established enterprise, pursued action for remedies before domestic courts or tribunals prior to initiating a claim under this TreatyAgreement. (1) For greater certainty, it is clarified that "customary international law" only results from a general and consistent practice of States that they follow from a sense of legal obligation.