Each Party shall, within the framework of its laws, regulations and administrative provisions, promote economic cooperation by protecting the investments of nationals of the other Party in its territory. Subject to its right to exercise the powers conferred by its laws, regulations and administrative provisions, each Party shall make such investments. These contracts arose from the desire of capital-exporting industrialized countries to seek protection for investors and their investments in capital-importing developing countries. However, the interests and underlying balance of power have changed considerably in recent years due to the increase in South-South direct investment (FDI). A large number of developing countries, especially the BRICS – Brazil, Russia, China and South Africa – are increasingly becoming important investors abroad. Since 2004, the number of DTTs between developing countries has increased remarkably. With the changing pattern of global investment flows, the BIT landscape is developing rapidly. CONSIDERING that investors from Member States who exercise one of the fundamental freedoms such as the freedom of establishment or the free movement of capital, act within the scope of Union law and, consequently, benefit from the protection afforded to those freedoms and, where appropriate, to the relevant secondary legislation, to the Charter of Fundamental Rights of the European Union and to the general principles of Union law, including in particular the principles of non-discrimination, proportionality, legal certainty and legitimate expectations (judgment of the ECJ in Case C-390/12, nursing assistant, paragraphs 30 to 37). Where a Member State adopts a measure derogating from one of the fundamental freedoms guaranteed by Union law, that measure fall within the scope of Union law and the fundamental rights guaranteed by the Charter also apply (judgment of the Court of Justice in Case C-685/15, Online Games Handels, paragraphs 55 and 56), (in the context of an agreement for the avoidance of double taxation; or `Final arbitration`, any arbitration proceedings which ended in a settlement agreement or a final arbitral award before 6 March 2018, if: As regards investments made before the date of termination of this Agreement, the above Articles of this Convention shall remain valid for a further period of fifteen years from that date.
(14) In the event of agreement on the terms of the agreement, the parties to the proceedings shall accept those conditions without delay in a legally binding manner. The conditions of the comparison: 2. In addition, this agreement does not affect the agreement for the amicable settlement of a dispute that is the subject of arbitration proceedings initiated before 6 March 2018. . . .