and Nationals and Investment Admission Expropriation 1. Settle by Companies companies admitted in the both not Pre-entry for a public lawfully accordance with governments include a constituted in their laws and purpose branch(es) subject to the 2. Arbitration accordance with regulations with which has its approval and the its legislation of in the territory seat or process in arbitral the that party of contracting incorporated and in Compensation decision is party only, and in the accordance on the binding territory or prompt, with its Malaysian side, by or under legislation in it must be an the laws of a adequate and approved third party Treatment project in effective compensation Post-entry and freely MFN or transferable National treatment and Nationals and Investment Admission Expropriation A. amicable Repatriation companies made in the settlement, if of return of Pre-entry for a public constituted in territory of not investment accordance with either purpose and and others is subject to the B. submit to its legislation of contracting freely approval ICSID that parties party in transferred process in accordance with but and in their laws and accordance regulations, and subject to its with its Compensation laws and on Malaysian legislation in side, it must be regulations prompt, an approved adequate, and project in effective, freely transferable Treatment Post-entry MFN treatment and Nationals and Investment Admission Expropriation Refer to -Freely companies made in the ICSID repatriation lawfully territory of for public of return of interest, under constituted, either investment subject to its due process, having its seat contracting but subject to right to or having party in its laws and exercise predominating accordance with regulations 6 November powers interest of that its legislation. conferred by party 1984 its laws, and On Malaysian Compensation side, it must be screening process an approved prompt, -MFN project adequate and Treatment treatment effective, is will not freely extend to transferable existing or MFN future REIO treatment
and Nationals and companies lawfully constituted in accordance with its legislation of the that party Investment admitted in accordance with their laws and regulations with in the territory of contracting party only, and on the Malaysian side, it must be an approved project in Admission Pre-entry subject to the approval process in and in accordance with its legislation in Treatment Post-entry MFN or National treatment Expropriation for a public purpose Compensation prompt, adequate and effective compensation and freely transferable 1. Settle by the both governments 2. Arbitration and the arbitral decision is binding Companies not include a branch(es) which has its seat or incorporated in the territory or by or under the laws of a third party and Nationals and companies constituted in accordance with its legislation of that parties Investment made in the territory of either contracting party in accordance with their laws and regulations, and on Malaysian side, it must be an approved project in Admission Pre-entry subject to the approval process in and in accordance with its legislation in Treatment Post-entry MFN treatment Expropriation for a public purpose and Compensation prompt, adequate, and effective, freely transferable A. amicable settlement, if not B. submit to ICSID Repatriation of return of investment and others is freely transferred but subject to its laws and regulations and 6 November 1984 Nationals and companies lawfully constituted, having its seat or having predominating interest of that party Investment made in the territory of either contracting party in accordance with its legislation. On Malaysian side, it must be an approved project Admission subject to its right to exercise powers conferred by its laws, and screening process Treatment MFN treatment Expropriation for public interest, under due process, Compensation prompt, adequate and effective, is freely transferable Refer to ICSID -Freely repatriation of return of investment but subject to its laws and regulations -MFN treatment will not extend to existing or future REIO
Investment%20Liberalisation%20under%20FTA.docx