Benin - Canada BIT (2013)
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(a) establishing, strengthening or expanding a free trade area or customs union; or

(b) relating to:

(i) aviation,

(ii) fisheries, or

(iii) maritime matters, including salvage.

Schedule of the Republic of Benin

1. Article 6 (Most-Favoured-Nation Treatment) does not apply to treatment accorded by Benin under a bilateral or multilateral international agreement in force or signed prior to January 1, 1994.

2. Article 6 (Most-Favoured-Nation Treatment) does not apply to treatment accorded by Benin under an existing or future bilateral or multilateral agreement that, as the case may be:

(a) grants advantages to bordering countries to facilitate border traffic;

(b) establishes, strengthens or expands a free-trade zone or a customs union;

(c) grants advantages to African countries to implement commitments contracted under an intergovernmental agreement on commodities, with the exception of metals, minerals and petroleum.

Annex iv: exclusions from dispute settlement

A decision taken by Canada, following a review made under the Investment Canada Act whether or not to authorize an investment subject to review, is not subject to the dispositions on dispute settlement of Chapter III (Dispute Settlement between an Investor and the Host Party) or Chapter IV (Dispute Settlement Procedure between the Contracting Parties) of this Agreement.

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  • Chapter   I General provisions 1
  • Article   1 Definitions 1
  • Article   2 Purpose: 1
  • Article   3 Scope: 1
  • Chapter   II Obligations of the contracting parties 1
  • Article   4 Guiding principles: 1
  • Article   5 National treatment: 1
  • Article   6 Most-favoured-nation treatment: 1
  • Article   7 Minimum standard of treatment: 1
  • Article   8 Compensation for losses: 1
  • Article   9 Senior management, boards of directors and entry of personnel: 1
  • Article   10 Performance requirements: 1
  • Article   11 Expropriation: 1
  • Article   12 Transfers: 1
  • Article   13 Transparency: 2
  • Article   14 Subrogation: 2
  • Article   15 Health, safety and environmental measures: 2
  • Article   16 Corporate social responsibility: 2
  • Article   17 Taxation measures: 2
  • Article   18 Reservations: 2
  • Article   19 Specific exceptions: 2
  • Article   20 General exceptions: 2
  • Article   21 Denial of benefits: 2
  • Chapter   III Settlement of disputes between an investor and the host party  2
  • Article   22 Establishment of a dispute settlement mechanism: 2
  • Article   23 Claim by an investor of a contracting party on its own behalf or on behalf of an enterprise: 2
  • Article   24 Conditions precedent to submission of a claim to arbitration 2
  • Article   25 Special rules regarding financial services 2
  • Article   26 Submission of a claim to arbitration 2
  • Article   27 Consent to arbitration 2
  • Article   28 Arbitrators 2
  • Article   29 Agreement to appointment of arbitrators 2
  • Article   30 Consolidation 2
  • Article   31 Access of coniracting parties to documents and hearings 3
  • Article   32 Place of arbitration 3
  • Article   33 Public access to hearings and documents 3
  • Article   34 Submissions by a non-disputing party 3
  • Article   35 Governing law 3
  • Article   36 Expert reports 3
  • Article   37 Interim measures of protection and final award 3
  • Article   38 Finality and enforcement of an award 3
  • Article   39 Receipts under insurance or guarantee contracts 3
  • Chapter   IV Dispute settlement procedure between contracting parties 3
  • Article   40 Amicable settlements 3
  • Article   41 Submission to a special arbitral group 3
  • Article   42 Referral to the international court of justice for appointments 3
  • Article   43 Profile of arbitrators 3
  • Article   44 Decision of the special arbitral group 3
  • Article   45 Costs of the procedure 3
  • Article   46 Implementation of the decision of the special arbitral group 3
  • Chapter   V Joint commission 3
  • Article   47 Creation of the joint commission 3
  • Article   48 Mission of the joint commission 3
  • Article   49 Operation of the joint commission 3
  • Chapter   VI Final provisions 3
  • Article   50 Scope of obligations 3
  • Article   51 Exclusions 3
  • Article   52 Application and entry into force 3
  • Annex i: expropriation 3
  • Annex ii: reservations for future measures 3
  • Annex ill: exceptions from most-favoured-nation treatment 3
  • Annex iv: exclusions from dispute settlement 4