Page 42 - UUBO PE Summit 2020 - Materials
P. 42

Investor Obligation and Protections in the NIPC Act







                  Registration
                   Obligation                          Ownership                          Guarantees                     Dispute Resolution


           •Enterprises in which               •Nigerians and                      •Government will not               •Amicable resolution
             foreigners can                      foreigners can invest              nationalize or                      by mutual discussion
             participate are                     in any sector, except              expropriate any                     or arbitration of
             required to register                for those on the                   enterprise                          investor/government
             with NIPC before                    negative list                     •Right of access to                  disputes
             commencing                        •No restriction on                   courts and fair and               •Provisions of any
             business                            foreign percentage                 adequate                            Bilateral Treaty with

                                                 ownership                          compensation if                     the investor’s
                                                                                    acquisition is in                   country will apply
                                                                                    national interest/for             •Right of recourse to
                                                                                    public purpose                      international
                                                                                   •No restriction on                   arbitration under
                                                                                    repatriation by                     ICSID Rules
                                                                                    foreigners of
                                                                                    investment returns
                                                                                    or sale proceeds
                                                                                    through an
                                                                                    authorized dealer








   ICSID = International Centre for Settlement of Investment Disputes        26
   37   38   39   40   41   42   43   44   45   46   47