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Investment Protection Agreement

Investment Protection Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Investment Protection Agreement

"I need an Investment Protection Agreement for a foreign technology company investing AED 50 million in a UAE mainland company, with specific focus on intellectual property protection and technology transfer provisions, to be implemented by March 2025."

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Document background
The Investment Protection Agreement serves as a crucial legal instrument for securing investments within the UAE's dynamic business environment. This document is essential when establishing significant investment relationships in the UAE, whether in mainland jurisdictions or free zones. It provides comprehensive protection for investors while ensuring compliance with UAE Federal laws, including the Foreign Direct Investment Law and Commercial Companies Law. The agreement typically includes detailed provisions on investment protection standards, dispute resolution mechanisms, and regulatory compliance requirements. It's particularly relevant for large-scale investments, cross-border transactions, and strategic partnerships where parties seek to establish clear legal frameworks for their investment relationships. The document addresses specific UAE market considerations while incorporating international best practices in investment protection.
Suggested Sections

1. Parties: Identification of the parties, including full legal names, addresses, and registration details

2. Background: Context of the investment relationship and purpose of the agreement

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Scope of Investment: Detailed description of the investment covered by the agreement

5. Investment Protection Standards: Core protections including fair and equitable treatment, national treatment, and most-favored-nation treatment

6. Expropriation and Compensation: Provisions regarding direct and indirect expropriation and compensation standards

7. Transfer of Funds: Rights and conditions for transferring investment-related funds

8. Treatment of Investors: Standards of treatment afforded to investors under UAE law and international standards

9. Dispute Resolution: Procedures for resolving disputes, including choice of forum and applicable law

10. Force Majeure: Provisions dealing with unforeseen circumstances and their impact on investments

11. Duration and Termination: Term of the agreement and conditions for termination

12. Governing Law: Specification of UAE law as governing law and relevant jurisdictional provisions

13. Notices: Procedures for formal communications between parties

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Protection of IP rights related to the investment - include when investment involves technology transfer or IP assets

2. Environmental Compliance: Environmental protection obligations - include for investments in industrial or resource sectors

3. Labor Law Compliance: Employment and labor law obligations - include when investment involves significant workforce

4. Free Zone Provisions: Special provisions for investments in UAE free zones - include when investment is located in a free zone

5. Currency Protection: Special provisions for currency risk management - include for large-scale international investments

6. Government Approvals: List of required government approvals - include for regulated sectors

7. Competition Law Compliance: Anti-trust and competition law provisions - include for large market players

8. Islamic Finance Compliance: Provisions ensuring Shariah compliance - include when Islamic financing is involved

Suggested Schedules

1. Investment Description Schedule: Detailed technical description of the investment

2. Financial Terms Schedule: Detailed financial arrangements and investment structure

3. Corporate Documents: Copies of relevant corporate registration documents and licenses

4. Performance Metrics: Specific investment performance indicators and targets

5. Required Approvals: List of governmental and regulatory approvals obtained or required

6. Security Documents: Details of any security arrangements or guarantees

7. Insurance Requirements: Specified insurance coverage requirements

8. Key Personnel: List of key personnel involved in managing the investment

9. Compliance Checklist: Checklist of regulatory compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Applicable Law
Assets
Business Day
Commercial License
Competent Authority
Confidential Information
Control
Dispute
Effective Date
Encumbrance
Event of Default
Execution Date
Force Majeure
Free Zone
Governing Law
Government Authority
Investment
Investment Returns
Investor
Local Partner
Material Adverse Effect
Notice
Parent Company
Permitted Transfer
Project
Protected Information
Regulatory Approval
Related Party
Security Interest
Shareholder
Subsidiary
Tax
Term
Territory
UAE
UAE Dirham
Working Hours
Clauses
Definitions
Interpretation
Investment Protection
Fair and Equitable Treatment
Most Favored Nation Treatment
National Treatment
Expropriation Protection
Compensation
Transfer of Funds
Investment Standards
Performance Requirements
Regulatory Compliance
Government Approvals
Dispute Resolution
Arbitration
Governing Law
Force Majeure
Confidentiality
Non-Competition
Assignment
Change of Control
Representations and Warranties
Indemnification
Tax
Currency Protection
Insurance
Intellectual Property
Termination
Events of Default
Notices
Amendment
Severability
Entire Agreement
Further Assurance
Counterparts
Relevant Industries

Real Estate & Construction

Technology & Innovation

Financial Services

Energy & Natural Resources

Healthcare

Manufacturing

Telecommunications

Hospitality & Tourism

Infrastructure Development

Retail & Consumer Goods

Agriculture & Food Security

Education

Transportation & Logistics

Media & Entertainment

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Investment

Operations

Strategy

Business Development

Commercial

Corporate Affairs

Regulatory Affairs

Executive Leadership

Board of Directors

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Investment Director

Legal Counsel

Corporate Lawyer

Investment Manager

Compliance Officer

Risk Manager

Business Development Director

Managing Director

Board Member

General Counsel

Commercial Director

Strategy Director

Operations Director

Finance Manager

Project Manager

Industries
Federal Decree-Law No. 19 of 2018 (Foreign Direct Investment Law): Regulates foreign direct investment in the UAE and provides the legal framework for foreign investor rights and protections
UAE Federal Law No. 32 of 2021 (Commercial Companies Law): Governs commercial activities and company structures in the UAE, including foreign ownership provisions
UAE Federal Law No. 5 of 1985 (Civil Transactions Law): Provides the fundamental principles for contracts and civil transactions in the UAE
UAE Federal Law No. 6 of 2018 (Arbitration Law): Governs arbitration proceedings and enforcement of arbitral awards, crucial for dispute resolution in investment agreements
UAE Federal Law No. 24 of 2006 (Consumer Protection Law): Relevant for investment protection agreements involving consumer-facing businesses
UAE Federal Law No. 4 of 2012 (Competition Law): Regulates competition and anti-monopoly practices that may affect investment arrangements
UAE Federal Law No. 11 of 1992 (Civil Procedure Law): Governs court procedures and enforcement of judgments in the UAE
DIFC Law No. 1 of 2008 (Property Law): Relevant for investment agreements involving real estate in Dubai International Financial Centre
Bilateral Investment Treaties (BITs): Various bilateral investment treaties between the UAE and other countries that provide additional protection frameworks
GCC Economic Agreement: Regional agreement affecting investments between Gulf Cooperation Council countries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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