The Bilateral Investment Agreement is a crucial legal instrument used in the United Arab Emirates to facilitate and protect foreign investments while ensuring compliance with local laws and regulations. This document type is particularly relevant when establishing significant investment relationships between foreign investors and UAE-based entities, whether private or government-owned. The agreement needs to comply with UAE Federal Law No. 19 of 2018 on Foreign Direct Investment and related regulations, while also considering international investment protection standards. It typically includes comprehensive provisions on investment protection, fund transfers, dispute resolution mechanisms, and specific obligations of both parties. The document is especially important in the context of UAE's strategic vision to attract foreign investment while maintaining regulatory oversight and protecting national interests.
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1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses
2. Background: Context of the investment relationship and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Investment: Detailed description of the investment activities covered by the agreement
5. Investment Protection: Provisions for fair and equitable treatment, protection against expropriation, and security standards
6. Treatment of Investments: National treatment and most-favored-nation provisions
7. Transfer of Funds: Rules governing the transfer of investment-related funds, profits, and capital
8. Obligations of the Host State: Specific commitments and guarantees provided by the hosting party
9. Obligations of the Investor: Investor's commitments, compliance requirements, and reporting obligations
10. Dispute Resolution: Procedures for resolving disputes, including choice of forum and applicable rules
11. Duration and Termination: Term of the agreement and conditions for termination
12. Governing Law: Specification of UAE law as governing law and relevant legal framework
13. Notices: Process and requirements for formal communications between parties
14. General Provisions: Standard clauses including force majeure, entire agreement, and amendments
1. Intellectual Property Rights: Provisions dealing with IP protection and technology transfer, needed when investment involves significant IP
2. Environmental Protection: Environmental compliance and protection measures, required for investments with environmental impact
3. Labor Standards: Employment and labor requirements, necessary for investments involving significant workforce
4. Tax Treatment: Special tax provisions or clarifications, included when specific tax arrangements are part of the investment
5. Competition Law Compliance: Special provisions regarding market behavior and competition, needed for investments in sensitive sectors
6. National Security Provisions: Special provisions for investments in strategic sectors or critical infrastructure
7. Islamic Finance Compliance: Provisions ensuring Shariah compliance, needed when Islamic finance principles apply
8. Change of Control: Provisions dealing with ownership changes, needed for investments with ownership sensitivity
1. Investment Description Schedule: Detailed description of the investment project, including scope, timeline, and milestones
2. Financial Terms Schedule: Detailed financial arrangements, investment amounts, and payment terms
3. Performance Metrics Schedule: Specific performance indicators and measurement criteria
4. Regulatory Approvals Schedule: List of required permits, licenses, and regulatory approvals
5. Corporate Documents: Copies of relevant corporate registration documents and authorizations
6. Technical Specifications: Detailed technical requirements and standards for the investment project
7. Implementation Timeline: Detailed timeline for investment implementation and key deadlines
8. Compliance Requirements: Detailed listing of applicable laws, regulations, and compliance requirements
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