The Bilateral Investment Agreement serves as a crucial legal instrument for protecting and promoting cross-border investments under Malaysian law. This document is essential when establishing formal investment relations between Malaysia and another country, providing a comprehensive framework that ensures investor protection, fair treatment, and dispute resolution mechanisms. It addresses key aspects such as investment protection, expropriation rules, fund transfers, and treatment standards, while ensuring compliance with Malaysian regulations and international investment principles. The agreement is particularly relevant in the context of Malaysia's growing economy and its position as a key investment destination in Southeast Asia, incorporating specific provisions that align with both Malaysian legal requirements and international best practices.
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1. Parties: Identification of the contracting states entering into the agreement
2. Background: Context and purpose of the agreement, including the mutual desire to promote and protect investments
3. Definitions: Key terms used throughout the agreement, including 'investment', 'investor', 'territory', and 'returns'
4. Scope of Application: Temporal and substantive scope of the agreement, including covered investments and investors
5. Investment Promotion and Protection: General obligations regarding the promotion and protection of investments
6. Treatment of Investments: Standards of treatment including fair and equitable treatment, national treatment, and most-favored-nation treatment
7. Expropriation and Compensation: Rules regarding direct and indirect expropriation and calculation of compensation
8. Transfer of Funds: Provisions ensuring free transfer of investment-related funds
9. Dispute Settlement: Mechanisms for resolving state-to-state and investor-state disputes
10. Duration and Termination: Term of the agreement and procedures for termination or renewal
1. Performance Requirements: Used when specific investment performance criteria need to be established or prohibited
2. Intellectual Property Rights: Include when investments involve significant IP components or technology transfer
3. Environmental Measures: Added when environmental protection is a key concern for the investments
4. Labor Standards: Include when investments involve significant employment implications
5. State-Owned Enterprises: Used when dealing with countries where state-owned enterprises play a significant role
6. Financial Services: Include when agreement covers financial sector investments
7. Taxation Measures: Used when specific tax treatment needs to be addressed
8. Security Exceptions: Include when investments might affect national security interests
1. Schedule of Specific Commitments: Details of specific sectors open for investment and any conditions or limitations
2. Schedule of Reservations: List of sectors or measures exempt from certain agreement obligations
3. Schedule of Key Personnel: Requirements and provisions for movement of key personnel related to investments
4. Appendix on Expropriation: Detailed guidelines for determining indirect expropriation
5. Appendix on Minimum Standard of Treatment: Elaboration of fair and equitable treatment standard
6. Schedule of National Treatment Exceptions: Specific exceptions to national treatment obligations
7. Schedule of Most-Favored-Nation Exceptions: Specific exceptions to MFN treatment obligations
8. Appendix on Dispute Settlement Procedures: Detailed procedures for various dispute resolution mechanisms
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