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  • 1.

    Foreign investment
    What is the prevailing attitude towards foreign investment?

  • 2.


    What are the main sectors for foreign investment in the state?

  • 3.


    Is there a net inflow or outflow of foreign direct investment?

  • 4.

    Investment agreement legislation
    Describe domestic legislation governing investment agreements with the state or state-owned entities.

  • 5.

    Investment treaties
    Identify and give brief details of the bilateral or multilateral investment treaties to which the state is a party, also indicating whether they are in force.

  • 6.


    If applicable, indicate whether the bilateral or multilateral investment treaties to which the state is a party extend to overseas territories.

  • 7.


    Has the state amended or entered into additional protocols affecting bilateral or multilateral investment treaties to which it is a party?

  • 8.


    Has the state unilaterally terminated any bilateral or multilateral investment treaty to which it is a party?

  • 9.


    Has the state entered into multiple bilateral or multilateral investment treaties with overlapping membership?

  • 10.

    ICSID Convention
    Is the state party to the ICSID Convention?

  • 11.

    Mauritius Convention
    Is the state a party to the UN Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention)?

  • 12.

    Investment treaty programme
    Does the state have an investment treaty programme?

  • 13.

    Government investment promotion programmes
    Does the state have a foreign investment promotion programme?

  • 14.

    Applicable domestic laws
    Identify the domestic laws that apply to foreign investors and foreign investment, including any requirements of admission or registration of investments.

  • 15.

    Relevant regulatory agency
    Identify the state agency that regulates and promotes inbound foreign investment.

  • 16.

    Relevant dispute agency
    Identify the state agency that must be served with process in a dispute with a foreign investor.

  • 17.

    Model BIT
    Does the state have a model BIT?

  • 18.

    Preparatory materials
    Does the state have a central repository of treaty preparatory materials? Are such materials publicly available?

  • 19.

    Scope and coverage
    What is the typical scope of coverage of investment treaties?

  • 20.

    Protections
    What substantive protections are typically available?

  • 21.

    Dispute resolution
    What are the most commonly used dispute resolution options for investment disputes between foreign investors and your state?

  • 22.

    Confidentiality
    Does the state have an established practice of requiring confidentiality in investment arbitration?

  • 23.

    Insurance
    Does the state have an investment insurance agency or programme?

  • 24.

    Number of arbitrations
    How many known investment treaty arbitrations has the state been involved in?

  • 25.

    Industries and sectors
    Do the investment arbitrations involving the state usually concern specific industries or investment sectors?

  • 26.

    Selecting arbitrator
    Does the state have a history of using default mechanisms for appointment of arbitral tribunals or does the state have a history of appointing specific arbitrators?

  • 27.

    Defence
    Does the state typically defend itself against investment claims? Give details of the state’s internal counsel for investment disputes.

  • 28.

    Enforcement agreements
    Is the state party to any international agreements regarding enforcement, such as the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

  • 29.

    Award compliance
    Does the state usually comply voluntarily with investment treaty awards rendered against it?

  • 30.

    Unfavourable awards
    If not, does the state appeal to its domestic courts or the courts where the arbitration was seated against unfavourable awards?

  • 31.

    Provisions hindering enforcement
    Give details of any domestic legal provisions that may hinder the enforcement of awards against the state within its territory.

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