Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except: (a) or a purpose which is in the public interest, (b) on a non-discriminatory basis, (c) in accordance with due process of law, and (d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3). (2) Compensation shall: (a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country. (b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier. (c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants. (d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment. (3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 6 contracts
Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Promotion and Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and,
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) of this Article.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host countryState.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country State designated by the claimants concerned and in the currency of the country State of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 5 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host countryContracting Party making the expropriation.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned investor affected by the expropriation and in the currency of the country of which the claimants are nationals such an investor is a national or in any freely convertible currency accepted by the claimantssuch an investor.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 4 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as "expropriation") except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the a country designated by the claimants concerned and in the currency of the other Contracting Party country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 4 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country foreign bank account designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted agreed upon by the claimantsclaimants and the host Contracting Party.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3).
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which who claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its his case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation and Compensation. (1) A Neither Contracting Party shall not expropriate or nationalize take any measures depriving, directly or indirectly an investment of indirectly, an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) exceptof an investment unless the following conditions are complied with:
(a) or a purpose which is The measures are taken in the public interest,interest and under due process of law;
(b) on a non-discriminatory basis,The measures are distinct and not discriminatory; and
(c) in accordance with due process of law, and
(d) The measures are accompanied by provisions for the payment of prompt, adequate and effective compensation compensation, which shall be transferable without delay in accordance with paragraphs (2) and (3)a freely convertible currency.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay Such compensation shall be borne by the host country.
(b) be equivalent amount to the fair market value of the investment expropriated investment at the time immediately before the expropriation occurredor impending expropriation became known in such a way as to affect the value of the investment (hereinafter referred to as the "Valuation Date"). The Such fair market value shall not reflect any change in value occurring because at the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency request of the country of which the claimants are nationals or investor be expressed in any a freely convertible currency accepted by on the claimants.
(d) basis of the market rate of exchange existing for that currency on the Valuation Date. Compensation shall also include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor The provisions of a Paragraph (1) and (2) of this Article shall also apply to the returns from an investment as well as, in the event of liquidation, to the proceeds from the liquidation.
(4) Investors of either Contracting Party which claims to be affected by expropriation by who suffer losses of their investments in the territory of the other Contracting Party due to war or other armed conflict, a state of national emergency, revolt, insurrection or riot shall have the right be accorded, with respect to prompt review restitution, indemnification, compensation or other settlement, a treatment which is no less favourable than that accorded to its own investors or to investors of its case, including the valuation of its investment and the payment of compensation any third State. Resulting payments shall be transfereable without delay in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Partyfreely convertible currency.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market or the impending expropriation became public knowledge in such a way to affect the value shall not reflect any change in value occurring because of the expropriation had become publicly known investment, whichever is the earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately immediatly before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted agreed upon by the host country and the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, Article by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host countryContracting Party making the expropriation.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned investor affected by the expropriation and in the currency of the country of which the claimants are nationals such an investor is a national or in any freely convertible currency accepted by the claimantssuch an investor.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as "expropriation") except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host countryContracting Party making the expropriation.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned investor affected by the expropriation and in the currency of the country of which the claimants are nationals such an investor is a national or in any freely convertible currency accepted by the claimantssuch an investor.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and,
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) of this Article.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host countryState.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country State designated by the claimants concerned and in the currency of the country State of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the a country designated by the claimants concerned and in the currency of the other Contracting Party country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Expropriation and Compensation. (1) A Investments of investors of each Contracting Party shall not expropriate be nationalized, expropriated or nationalize directly subjected to measures tantamount to nationalization or indirectly an investment of an investor expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or a purpose which is except for expropriations made in the public interest,
(b) , on a basis of non-discriminatory basis,
(c) in accordance with discrimination, carried out under due process of law, and
(d) and accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) 2 and (3)3 below.
(2) Compensation shall:
(a) be paid without delay. In case the event that the payment of delay any exchange rate loss arising from this delay compensation is delayed, such compensation shall be borne by the host countrypaid in an amount calculated in a freely convertible currency.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlierin such a way as to affect the value of the investment. Valuation criteria shall include, inter alia, going concern value, the capital invested, replacement value, appreciation, current returns and goodwill. Any other appropriate valuation criteria may be considered to determine the fair market value.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
d) be fully realisable and freely transferable.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation and Compensation.
(1) A Investments of investors of each Contracting Party shall not expropriate be nationalized, expropriated or nationalize directly subjected to measures tantamount to nationalization or indirectly an investment of an investor expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or a purpose which is except for expropriations made in the public interest,
(b) , on a basis of non-discriminatory basis,
(c) in accordance with discrimination, carried out under due process of law, and
(d) and accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) 2 and (3)3 below.
(2) Compensation shall:
(a) be paid without delay. In case the event that the payment of delay any exchange rate loss arising from this delay compensation is delayed, such compensation shall be borne by the host countrypaid in an amount calculated in a freely convertible currency.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlierin such a way as to affect the value of the investment. Valuation criteria shall include, inter alia, going concern value, the capital invested, replacement value, appreciation, current returns and goodwill. Any other appropriate valuation criteria may be considered to determine the fair market value.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
d) be fully realisable and freely transferable.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately immediatly before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted agreed upon by the host country and the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, Article by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market or the impending expropriation became public knowledge in such a way to affect the value shall not reflect any change in value occurring because of the expropriation had become publicly known investment, whichever is the earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country foreign bank account designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted agreed upon by the claimantsclaimants and the host Contracting Party.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as "expropriation") except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and,
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host countryState.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country State designated by the claimants concerned and in the currency of the country State of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
(4) Except in rare circumstances, such as when a measure or series of measures are so severe in the light of their purpose that they cannot be reasonably viewed as having been adopted and applied in good faith, non-discriminatory measures of a Contracting Party that are designed and applied to protect legitimate public welfare objectives, such as health, safety and the environment, do not constitute indirect expropriation.
Appears in 1 contract
Samples: Agreement for the Promotion and Protection of Investment
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as "expropriation") except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as expropriation) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and,
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
(4) Except in rare circumstances, such as when a measure or series of measures are so severe in the light of their purpose that they cannot be reasonably viewed as having been adopted and applied in good faith, non-discriminatory measures of a Contracting Party that are designed and applied to protect legitimate public welfare objectives, such as health, safety and the environment, do not constitute indirect expropriation.
Appears in 1 contract
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as "expropriation") except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the a country designated by the claimants concerned and in the currency of the country of which the claimants are nationals other Contracting Party or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An Due process of law includes the right of an investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Agreement
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as “expropriation”) except:
(a) or for a purpose which is in the public interest,
(b) on a non-discriminatory basis,
(c) in accordance with due process of law, and
(d) accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.
(2) Compensation shall:
(a) be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Expropriation and Compensation. (1) A Contracting Party shall not expropriate or nationalize nationalise directly or indirectly an investment of an investor of the other Contracting Party or take any measures having equivalent effect (hereinafter referred to as "expropriation") except:
(a) or For a purpose which is in the public interest,
(b) on On a non-discriminatory basis,
(c) in In accordance with due process of law, and
(d) accompanied Accompanied by payment of prompt, adequate and effective compensation in accordance with paragraphs (2) and (3)) below.paragraphs (2) and (3) below.
(2) Compensation shall:
(a) be Be paid without delay. In case of delay any exchange rate loss arising from this delay shall be borne by the host country.
(b) be Be equivalent to the fair market value of the expropriated investment immediately before the expropriation occurred. The fair market value shall not reflect any change in value occurring because the expropriation had become publicly known earlier.
(c) be Be paid and made freely transferable to the country designated by the claimants concerned and in the currency of the country of which the claimants are nationals or in any freely convertible currency accepted by the claimants.
(d) include Include interest at a commercial rate established on a market basis for the currency of payment from the date of expropriation until the date of actual payment.
(3) An investor of a Contracting Party which claims to be affected by expropriation by the other Contracting Party shall have the right to prompt review of its case, including the valuation of its investment and the payment of compensation in accordance with the provisions of this Article, by a judicial authority or another competent and independent authority of the latter Contracting Party.
Appears in 1 contract
Samples: Investment Protection Agreement