Agreement On Promotion Protection And Guarantee Of Investments
Although the OIC is 10 years older than ECT, it received very little investor attention until it was first used in ad hoc arbitration (UNCITRAL) initiated by Hesham Talaat Al-Warraq (Saudi investor) against Indonesia in 2012 (“Al Warraq case”). This relatively young “discovery” of the investment and arbitration offer under the OIC agreement paved the way for investors willing to take legal action against the host state of their investment, but unable to benefit from contract-compliant protection. “Investors of one party receive, in the context of the economic activity in which they have made their investments in the territory of another party, no less favourable treatment than that of investors belonging to another state not belonging to the agreement, in the context of this activity and with regard to the rights and privileges granted to those investors.” International investment agreements (AI) are divided into two types: (1) bilateral investment agreements and (2) investment contracts. A bilateral investment agreement (ILO) is an agreement between two countries to promote and protect investments made by investors from the countries concerned in the territory of the other country. The vast majority of IDu are bits. The category of contracts with investment rules (TIPs) includes different types of investment contracts that are not BITs. There are three main types of TIPs: 1) global economic contracts that contain commitments that are often included in ILOs (. B, for example, a free trade agreement with an investment chapter); 2. contracts with limited investment provisions (for example.
B, investment creation or free transfer of investment-related funds; and 3) contracts that contain only “framework clauses,” such as. B on investment cooperation and/or a mandate for future investment negotiations. In addition to IDAMIT, there is also an open category of investment-related instruments (IRIs). It includes various binding and non-binding instruments, such as model agreements and draft instruments, multilateral conventions on dispute settlement and arbitration rules, documents adopted by international organisations and others.