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Question

Consider the following statements about Bilateral Investment Promotion and Protection Agreement:

Which of the above statements is/are correct?


A

1 and 2 only

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B

1,3 and 4 only

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C

1,2 and 3 only

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D

All of these

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Solution

The correct option is C

1,2 and 3 only


The objective of Bilateral Investment Promotion and Protection Agreement is to promote and protect the interests of investors of either country in the territory of other country. Such Agreements increase the comfort level of the investors by assuring a minimum standard of treatment in all matters and provides for justifiability of disputes with the host country.

The salient features of BIPA are:

"Investment" is defined as every kind of asset, including Intellectual Property Rights (IPRs)

The scope of the Agreement extends to investments made by the investors of the either Contracting Party whether made before or after coming into force of the Agreement.

Each Contracting Party is required to encourage and create favourable conditions for, and fair and equitable treatment to investors. Extending National Treatment and Most Favoured Nation (MFN) treatment to foreign investments there are elaborate dispute resolution mechanisms to resolve disputes between an investor and a host Government as well as between the two Governments.

India has so far signed BIPA with 83 countries of which 73 are already enforced.


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