IPAPs in Hong Kong give foreign investors additional assurance that their investments in Hong Kong are protected and allow Hong Kong investors to benefit from similar protection with respect to their overseas investments. A typical IPPA includes the following: After the signing of this investment protection agreement between Côte d`Ivoire and Mauritius, an Ivorian delegation travelled to Mauritius in search of investors. For example, some Mauritian funds are looking for economic diversification and wish to participate in the development of the Grand Bassam computer park. According to the Banque de France and UNCTAD, the inflow of French foreign direct investment increased by €4 billion to €33 billion in 2015. Investments abroad for a domestic company allow access to new markets, secure resources and acquire new technologies. These agreements limit the risks of foreign direct investment, instability of legal institutions, possible expropriation and political instability. EAGER to strengthen economic relations, particularly with regard to Mauritian investments in the Republic of Madagascar and Madagascar and Malagasy investments in the Republic of Mauritius, Hong Kong has sought to sign investment promotion and protection agreements (“IPAPs” or “investment agreements” for short) with foreign economies in order to promote investment flows in both directions and stimulate our economy. An IPPA is an agreement between governments to promote and protect investments made by investors of one Party in the territory of the other Party. The objective of these agreements is to ensure an investment-friendly environment by ensuring legal stability, clear conditions, effective dispute settlement and uniform standards, fairer and more equitable treatment of investments, the obligation to ensure full investment security, national treatment of investment, a most-favoured-nation standard and the prohibition of expropriation of the investor without compensation.
immediate and effective compensation. This Agreement shall remain in force for a period of ten years. Thereafter, this Agreement shall remain in force indefinitely, unless one Party notifies the other Party in writing of its intention to terminate it. Termination of this Agreement shall take effect one year after its receipt by the other Party. For investments made before the date on which the declaration of denunciation of this Agreement takes effect, the provisions of Articles I to XIII, including this Agreement, shall remain in force for a period of twenty years. Each Party undertakes to promote cooperation by promoting and protecting the investments of investors of the other Party. ► Prompt, reasonable and effective compensation: The agreement provides for the conditions for expropriation, including reasonable value, which must take into account the statistical value and loss of profits resulting from such expropriation. For China, the “national security review” may include a review of various forms of investment for national security purposes. At the time of entry into force of this agreement, the specific legal document for the verification of China`s national security is the circular of the General Office of the State Council on the establishment of the security screening system for mergers and acquisitions of domestic enterprises by foreign investors, which focuses on the verification of mergers and acquisitions of domestic companies by foreign investors. The Government of Canada and the Government of the Republic of Poland, recognizing that the promotion and mutual protection of investments of investors of one State in the territory of the other State will promote the stimulation of entrepreneurial initiatives and the development of economic cooperation between the two States, hereinafter referred to as “the Parties”, Enabling Investment and the Prevention of Risks Inherent in Developing Countries. RECOGNISING that an agreement to promote and protect such investments is appropriate to promote private economic initiative and the flow of capital and technology between the two countries”, investors of one Party whose investments or returns are lost in the territory of the other Party as a result of war, other armed conflict, a national state of emergency or other similar circumstances in the territory of the other Contracting Party: The Contracting Party suffers losses, with respect to performance, compensation, compensation or any other settlement, treatment no less favourable than that accorded by the latter Party to investors in a third country.
Any payment made under this Article shall be prompt, reasonable, effective and freely transferable. “Investors of a Party who, as a result of a war or other armed conflict, suffer from a revolution, a state of national emergency, a revolt, an insurrection or an act of terrorism in connection with investments made in the territory of the other Party shall be treated by the latter with regard to reimbursement, damage, interest, compensation or any other compensation, which is no less favourable than that granted to investors of that Party or to investors of another third country, in any event the most favourable treatment of the investors concerned. “. For the avoidance of doubt, the treatment accorded by a Party under this Article means, with respect to a provincial government, the treatment that that provincial government accords in like circumstances to investors and investments of a non-Party. Where a matter falls within the scope of both the provisions of this Agreement and of another international agreement to which both Parties are bound, this Agreement shall not prevent an investor of one Party making investments in the territory of the other Party from benefiting from the most favourable arrangements. International arbitral tribunals are subject to efficiency and discretionary constraints. The composition of these tribunals often consists of three arbitrators, two of whom are chosen by the parties and the third by agreement between the two arbitrators. This private court has a mandate under international law that allows for true neutrality. FiPA is an international treaty born by international conventions for a renewable period of 10 to 20 years and prescribes a set of rules for the treatment of foreign investors. Bilateral agreements between two countries aim to promote and protect investments.
At the request of either Party, the other Party shall without delay agree to consultations on the interpretation or application of this Agreement. At the request of either Party, information shall be exchanged on the impact that the laws, regulations, administrative provisions, administrative decisions, practices or procedures or policies of the other Party may have on investments covered by this Agreement. The articles of the said agreement reflect the above rules/norms: Article 3 “Fair and equitable treatment”, Article 4 “National treatment and most-favoured-nation treatment”, Article 5 “Expropriation and compensation”, Article 6 Compensation for losses resulting from wars and conflicts. There are 2,400 treaties in force worldwide, including 99 agreements between France and third countries. The 2009 Treaty of Lisbon highlighted a common commercial policy for the European Union. The European Union has exclusive competence to negotiate future investment protection agreements using the “great paternity” norm of previous treaties. Where the investment is made by an investor through an undertaking not covered by point (d)(ii) of this Article in which it has an equity interest, that investor shall enjoy the benefits of this Agreement to the extent of such indirect participation, provided that such an investor does not enjoy the benefits of this Agreement if the investor uses the dispute settlement mechanism under another instrument stranger. investment protection agreement concluded by a Contracting Party in whose territory the investment is made. ► Free transfer: Each Party shall grant investors of the other Party the free transfer of funds related to its investments, initial capital, income, payments, etc. Investments or returns of investors of one Party shall not be nationalized, expropriated, nationalized or expropriated in the territory of the other Party (hereinafter referred to as “expropriation”), unless: they serve a public purpose, due process, in a non-discriminatory manner and provided that this is done with prompt, appropriate and effective compensation.
This compensation is based on the actual value of the investment at the time of expropriation within two months of the date of expropriation, and then interest accrues until the date of payment at the interest rate agreed between the investor and the party concerned and in no case lower than the London Interbank Offered Rate (LIBOR); be effectively achievable and freely transferable. The investor concerned shall, in accordance with the law of the expropriating Party, immediately review its record and the assessment of its investment by a judicial or other independent authority of that Party in accordance with the principles set out in this Article. These features are not widely used, even in countries that traditionally advocate national control of foreign investment. .