Common use of Alienation Clause in Contracts

Alienation. (1) Investments of investors of either Contracting Party shall not be alienated, nationalised, expropriated or subjected to measures having effect equivalent to alienation, nationalisation or expropriation (hereinafter referred to as "alienation") in the territory of the other Contracting Party except for a public purpose, in non-discriminatory manner, under due process of law and against payment of compensation according to the host country legislation. Such compensation shall amount to the genuine value of the investment alienated immediately before the alienation or before the impending alienation became public knowledge, whichever is the earlier, shall include interest at a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable. (2) The investor affected shall have right, under the law of the Contracting Party making the alienation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly. (3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares.

Alienation. (1) Investments of investors of either Contracting Party shall not be alienated, nationalised, expropriated or subjected to measures having effect equivalent to alienation, nationalisation or expropriation (hereinafter referred to as "“alienation"”) in the territory of the other Contracting Party except for a public purpose, in non-discriminatory manner, under due process of law and against payment of compensation according to the host country legislation. Such compensation shall amount to the genuine value of the investment alienated immediately before the alienation or before the impending alienation became public knowledge, whichever is the earlier, shall include interest at a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable. (2) The investor affected shall have right, under the law of the Contracting Party making the alienation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly. (3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares.

Alienation. (1) Investments of investors of either Contracting Party shall not be alienated, nationalisednationalized, expropriated or subjected to measures having effect equivalent to alienation, nationalisation nationalization or expropriation (hereinafter referred to as hereinafter: "alienation") in the territory of the other Contracting Party Party, except for a public purpose, purpose in non-accordance with the legislation of that Contracting Party on a non- discriminatory manner, under due process of law basis and against payment of compensation according to the host country legislationprompt, adequate, effective compensation. Such compensation shall amount to the genuine market value of the investment alienated immediately before the alienation expropriation or before the impending alienation became public knowledge, whichever is the earlier, shall include interest at a fair and equitable the applicable rate provided by that Contracting Party until the date of payment, shall be made without unreasonable delay, delay be effectively realizable and be freely transferable. (2) . The investor investors affected shall have a right, under the law of the Contracting Party making the alienation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly. (3) Where a Contracting Party expropriates the assets of a company company, within the meaning of Article 1 (3), which is incorporated or constituted under the law in force in any part of its own territory, territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair guarantee prompt, adequate and equitable compensation effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those sharesshares or other ownership rights.