whether or not indirectly by Investment through accorded to organised for nationals or shall not be consultation any regional pecuniary gain, companies of expropriated or and arrangement, or privately or the other party nationalised negotiation free trade governmentally either directly area, custom treatment or (2) submit the owned or or indirectly union or national controlled. through dispute to the multilateral treatment, court or measures international whichever is tantamount to administrative agreement the most tribunals of expropriation or favourable, the party that nationalisation except the is a party to except agreed annex (2) the treaty the dispute or issues shall not for a public in accordance dero gate purpose, in a with the from laws, agreed discriminatory procedure regulations and practice manner, upon payment of (3) submit to of either the ICSID party; prompt, international adequate and obligation; effective obligations compensation assumed by either party Source: compiled from the BIT between the and by the author. Table 4 Comparison of some Investment Agreements concluded between ASEAN countries and some European countries, and the ASEAN Agreement for the Promotion and Protection of Investments Contracting Scope of application Admission Expropriation Disputes and Parties and and settlement main Compensation date of Investors Investment Treatment points agreement and On British side: Only Admission Expropriation Refer to On the investment for a public ICSID British side, British Pre - entry has been purpose there is companies and granted territorial nationals subject to admission in extension to foreign including cover such investment Compensation citizen of , accordance with territories, law and colonies and foreign for whose market value, regulations British subjects investment law, international without undue within the relations the delay On side: Treatment territory of are Indonesian contracting responsible post - entry companies and parties only nationals MFN treatment and National or Only Admission Expropriation 1.Amicably Repatriation company of a investment settled within contracting granted Pre-entry 6 months subject to and to the party who admission in
whether or not organised for pecuniary gain, or privately or governmentally owned or controlled. indirectly by nationals or companies of the other party treatment or national treatment, whichever is the most favourable, except the agreed annex issues Investment shall not be expropriated or nationalised either directly or indirectly through measures tantamount to expropriation or nationalisation except for a public purpose, in a manner, upon payment of prompt, adequate and effective compensation through consultation and negotiation (2) submit the dispute to the court or administrative tribunals of the party that is a party to the dispute or in accordance with the agreed procedure (3) submit to the ICSID accorded to any regional arrangement, free trade area, custom union or multilateral international agreement (2) the treaty shall not dero gate from laws, regulations and practice of either party; international obligation; obligations assumed by either party Source: compiled from the BIT between the and by the author. Table 4 Comparison of some Investment Agreements concluded between ASEAN countries and some European countries, and the ASEAN Agreement for the Promotion and Protection of Investments Contracting Parties and date of agreement Scope of application Admission and Treatment Expropriation and Compensation Disputes settlement main points Investors Investment and On British side: British companies and nationals including citizen of , colonies and British subjects On side: Indonesian companies and nationals Only investment has been granted admission in accordance with foreign investment law, within the territory of contracting parties only Admission Pre - entry subject to foreign investment law and regulations Treatment post - entry MFN treatment Expropriation for a public purpose Compensation market value, without undue delay Refer to ICSID On the British side, there is territorial extension to cover such territories, for whose international relations the are responsible and National or company of a contracting party who Only investment granted admission in Admission Pre-entry Expropriation 1.Amicably settled within 6 months Repatriation subject to and to the discriminatory
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