
Po angielsku, bo w tym języku będzie w sądzie:
Substantive Protections Subject to ISDS (Investor-State Dispute Settlement)
An investor can initiate an ISDS procedure if they believe Poland or the US has breached the fundamental protections guaranteed under the treaty. These include:
• Nondiscriminatory Treatment: Both states must accord national treatment or most-favored-nation (MFN) treatment, whichever is better, subject to specific industry exceptions noted in the treaty's Annex.
• Expropriation Protection: Direct or indirect nationalization of investments is strictly prohibited unless it is for a public purpose, nondiscriminatory, handled via due process, and accompanied by prompt, adequate, and effective compensation (fair market value).
• Fair and Equitable Treatment (FET): Guarantees full protection, security, and treatment that aligns with international law.
• Free Capital Movement: Ensures the unrestricted, delay-free transfer of funds (such as profits, returns, and liquidations) in a usable currency.
https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19940970467
https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19940970467/O/D19940467.pdf


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