In our fourth instalment, Director Jackwell Feris briefly highlights the substantive rights that investors of qualifying investments are entitled to rely on under international investment agreements (and in some instance foreign investment laws).

The substantive rights in most international investment agreements are:

  • The guarantee against expropriation without compensation;
  • Fair and Equitable Treatment;
  • Full Protection and Security;
  • National Treatment;
  • Most Favoured-Nation Treatment.

There are several requirements an investor needs to comply with to be able to successfully invoke the substantive rights provided for under international investment treaties.

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