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Most-Favoured-Nation Treatment

By:Agreement on Investment Article 5th   Update:2016-05-27
Each Party shall accord to investors of another Party and their investments  treatment no less favourable than that it accords, in like circumstances, to investors of  any other Party or third country and/or their respective investments with respect to adminssion, establishment ,acquisition, expansion, management, conduct, opration, maintenance, use, liquidation, sale and other forms of disposal of investment.

Notwithstanding Paragraph 1,if a Party accords more favourable treatment to  investors of another Party or third country and their investments by virtue of any future agreements or arrangements to which that Party is a party,it shall not be  obliged to accord such treatment to investors of another Party and their investments. However, upon request from another Party, it shall accord adequate opportunity to negotiate the benefits granted therein.

The treatment, as set forth in Paragraph 1 and Paragraph 2, shall not include:
        (a) any preferential treatment accorded to investors and their investments under any existing bilateral, regional or international agreements, or any forms of economic or  regional cooperation with any non-Party;
        (b) any existing or future preferential treatment accorded to investors and their  investments in any agreement or arrangement between or among ASEAN Member  States or between any Party and its separate customs territories.

For greater certainty, the obligation in this Article does not encompass a  requirement for a Party to extend to investors of another Party dispute resolution procedures other than those set out in this Agreement.