Both Contracting Parties Clause Samples

Both Contracting Parties recognize the full rights of subrogation with regard to the rights or actions of an investor whose investment has been covered by a guarantee. In case of a dispute, only the investor or a privately managed company may initiate, or participate in, proceedings before a national tribunal or submit the case to international arbitration in accordance with the provisions of Article 9 of this Agreement. 1. This Article only applies to disputes between a Contracting Party and an investor of the other contracting Party concerning an alleged breach of an obligation of the former under this Agreement which causes loss or damage to the investor or its investment. 2. With respect to the submission of a claim to arbitration: a-an investor of one Contracting Part may not allege that the other Contracting Party has breached an obligation under this Agreement both [à la fois] in arbitration under this Article and in a proceeding before a competent court or administrative tribunal of the former Contracting Party, party to the dispute.

Both Contracting Parties recognize the full rights of subrogation with regard to the rights or actions of an investor whose investment has been covered by a guarantee. In case of a dispute, only the investor or a privately managed company may initiate, or participate in, proceedings before a national tribunal or submit the case to international arbitration in accordance with the provisions of Article 9 of this Agreement.

Both Contracting Parties. Subject to their own legislation in force, shall free from the custom’s duties and other charges the entrance of the following objects: a) the samples that do not have commercial value. b) catalogues, price lists and other materials that are destined for advertisement. c) commodities and other materials that are destined for trade fairs and exhibitions.

Both Contracting Parties shall notify the other Contracting Party through diplomatic channels that the condition for entering into force of this Agreement determined, by the national legislature have been fulfilled.

Both Contracting Parties have to accept and to encourage in their territories, in accordance with its legislation, the investment by any person who is a national of the other party. Each Contracting Party undertakes to provide full protection for investment being done in its territory by any person who is a national of the other party, also ensure fair treatment for this investment to achieve the intended purpose, each Contracting Party enables the other Contracting Party to benefit from the same treatment which is granted for investment protection and done by its nationals or nationals of other countries, and on the basis of reciprocity. This treatment does not include the advantages granted by either Contracting Party to nationals of a third country because of virtue membership or for being a customs union, common market, or membership to a free trade zone.

Both Contracting Parties confirm their understanding that if a compensation carries an interest at a commercial rate, that compensation is deemed as carrying an appropriate interest within the meaning of paragraph 3 of Article 10.

Both Contracting Parties agree that in the event of a Contracting Party to this Agreement becoming a member of the European Union, that Contracting Party will withdraw from this Agreement at the latest the day before membership takes effect, and without any compensation to the other Contracting Party.

Both Contracting Parties will consult each other in regard to all important international problems affecting the common interests of the Soviet Union and China, being guided by the interests of the consolidation of peace and universal security.