Expropriation and Nationalisation. (1) Neither Contracting Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") the investments of nationals of the other Contracting Party unless the following conditions are complied with:
(a) The expropriation is for a public purpose related to the internal needs of that Contracting Party and under due process of law;
(b) The expropriation is non-discriminatory; and
(c) The expropriation is accompanied by the payment of prompt, adequate and effective compensation.
(2) The compensation referred to in paragraph (1) of this Article shall be computed on the basis of the market value of the investment immediately before the expropriation or impending expropriation became public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value, currency exchange rate movements and other relevant factors.paragraph (1) of this Article shall be computed on the basis of the market value of the investment immediately before the expropriation or impending expropriation became public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value, currency exchange rate movements and other relevant factors.
(3) The compensation shall be paid without undue delay, shall include interest at a commercially reasonable rate from the date the measures were taken to the date of payment and shall be freely transferable between the territories of the Contracting Parties. The compensation shall be payable either in the currency in which the investment or investments were originally made or, if requested by the national, in a freely convertible currency.
Expropriation and Nationalisation. 1. Neither Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") the investments of investors of the other Party unless the following conditions are complied with:
(a) the expropriation is for a public purpose and under due process of law;
(b) the expropriation is non-discriminatory; and
(c) the expropriation is accompanied by the payment of prompt, adequate and effective compensation.
2. The compensation referred to in paragraph 1 (c) of this Article shall be computed on the basis of the market value of the investment immediately before the expropriation or impending expropriation became public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles, making reference to factors such as the capital invested, depreciation, capital already repatriated, replacement value and currency exchange rate movements.
3. The compensation shall be paid without undue delay, shall include interest at a commercially reasonable rate from the date the measures were taken to date of payment and shall be freely transferable between the territories of the parties. The compensation shall be payable either in the currency in which the investment was originally made or, if requested by the investor, in any other freely convertible currency.
Expropriation and Nationalisation. 1 . A Contracting Party shall not take measure of expropriation or nationalization or other measures having a similar effect relating to any investments unless the measures are in the public interest, non discriminatory, in accordance with the law of the Contracting Party which has admitted the investment and against reasonable compensation.
2 . The compensation referred to in paragraph 1 of the Article shall be computed on the basis of the market value of the investment immediately before the measures became public knowledge. Where the market value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognized principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and other relevant factors. The compensation shall include interest at a reasonable rate from the date the measures were taken to the date of payment, shall be paid without undue delay, shall be freely convertible and shall be freely transferable between the territories of the Contracting Parties at the average of the daily exchange rates, determined on each of those days in accordance with the law of the Contracting Party which has admitted the investment, over the six months immediately prior to the taking of the measures.paragraph 1 of the Article shall be computed on the basis of the market value of the investment immediately before the measures became public knowledge. Where the market value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognized principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and other relevant factors. The compensation shall include interest at a reasonable rate from the date the measures were taken to the date of payment, shall be paid without undue delay, shall be freely convertible and shall be freely transferable between the territories of the Contracting Parties at the average of the daily exchange rates, determined on each of those days in accordance with the law of the Contracting Party which has admitted the investment, over the six months immediately prior to the taking of the measures.
Expropriation and Nationalisation. 1. Neither Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as “expropriation”) the investments of investors of the other Party unless such a measure is taken on a non-discriminatory basis, for a public purpose, in accordance with due process of law, and upon payment of compensation in accordance with this Article.
2. The expropriation shall be accompanied by the payment of prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation or impending expropriation became public knowledge. Compensation shall carry an appropriate interest, taking into account the length of time from the time of expropriation until the time of payment. Such compensation shall be effectively realisable, freely transferable in accordance with Article 11 (Transfers) and made without delay.
3. Notwithstanding Articles 9.1 and 9.2, any measure of expropriation relating to land, which shall be as defined in the existing domestic legislation of the expropriating Party on the date of entry into force of this Agreement, shall be for a purpose and upon payment of compensation in accordance with the aforesaid legislation and any subsequent amendments thereto relating to the amount of compensation where such amendments follow the general trends in the market value of the land.
4. This Article does not apply to the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights and Chapter 13 (Intellectual Property).
Expropriation and Nationalisation. 1. A Contracting Party shall not take measures of expropriation or nationalisation or other measures having a similar effect relating to any investment unless the measures are in the public interest, non discriminatory, in accordance with the law of the Contracting Party which has admitted the investment and against reasonable compensation.
2. The compensation referred to in paragraph 1 of this Article shall be computed on the basis of the market value of the investment immediately before the measures became public knowledge. Where the market value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and other relevant factors. The compensation shall include interest at a reasonable rate from the date the measures were taken to the date of payment, shall be paid without undue delay, shall be freely convertible and shall be freely transferable between the territories of the Contracting Parties at the average of the daily exchange rates, determined on each of those days in accordance with the law of the Contracting Party which has admitted the investment, over the six months immediately prior to the taking of the measures.
Expropriation and Nationalisation. 1. Investments of investors of either Party shall not be subjected, directly or indirectly, to any measure of nationalization or expropriation in the territory of the other Party or any measure having effect equivalent to nationalisation or expropriation (hereinafter referred to as “expropriation”) except:
(a) for a public purpose related to the internal needs of that Party and under due process of law;
(b) where the expropriation is non-discriminatory; and
(c) where accompanied by prompt, adequate and effective compensation.
2. The compensation referred to in paragraph 1(c) of this Article shall be computed on the basis of the market value of the investment immediately before the expropriation or impending expropriation became public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value, currency exchange rate movements and other relevant factors.
3. The compensation shall be paid without undue delay, shall include interest at a normal commercial rate from the date the measures were taken to the date of payment and shall be freely transferable between the territories of the parties at the rate of exchange prevailing at the date used for the determination of value. The compensation shall be payable either in the currency in which the investment was originally made or, if requested by the investor, in any other freely usable currency.
Expropriation and Nationalisation. Neither Contracting Party shall take any measures of expropriation, nationalisation or any other measures having the same nature or the same effect against investments of investors of the other Contracting Party unless the following conditions are complied with:
a) the measures are taken in the public interest and under due process of law;
b) the measures are not discriminatory;
c) The measures are taken against prompt, adequate and affective compensation. Such compensation shall represent the fair market value of the investment immediately before the moment the measures or impending measures became public knowledge and shall include interest at a normal banking commercial rate from the date the measures where taken, until the date of payment and shall, in order to be effective for the affected investors, be paid and made transferable, without delay to the country designated by the investors concerned in any freely convertible currency.
Expropriation and Nationalisation. (1) Neither Contracting Party shall take any measures of expropriation, nationalisation or any other dispossession having effect equivalent to nationalisation or expropriation against the investments of nationals or companies of the other Contracting Party, except under the following conditions:
(a) the measures are taken for a public purpose and under due process of law;
(b) the measures are non-discriminatory; and
(c) the measures are accompanied by provisions for the payment of prompt, adequate and effective compensation.
(2) The compensation referred to in paragraph 1 of this Article shall be computed on the basis of the market value of the investment as a going concern immediately before the measures become public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and other relevant factors.
(3) The compensation shall be paid without undue delay, shall include interest at a commercially reasonable rate from the date the measures were taken to the date of payment and shall be freely transferable between the territories of the Contracting Parties. The compensation shall be payable either in the currency in which the investment or investments were originally made or, if requested by the national or company, in a freely convertible currency.
Expropriation and Nationalisation. (1) Neither Contracting Party shall nationalise, Expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") the investments of investors of the other Contracting Party unless the following conditions are complied wi th:
(a) the expropriation is for a public purpose related to the internal needs of that Contracting Party and under due process of law;
(b) the expropriation is non-discriminatory; and
(c) the expropriation is accompanied by the payment of prompt, adequate and effective compensation.
(2) The compensation referred to in paragraph 1 of this Article shall be computed on the basis of the market value of the investment immediately before the expropriation or impending expropriation became public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account, the capital invested, depreciation, capital already repatriated, replacement value, currency exchange rate movements and other relevant factors.
Expropriation and Nationalisation. 1. Neither Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") the investments of investors of the other Party unless such a measure is taken on
2. The expropriationshallbe accompanied bythe paymentofprompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation or impending expropriation became public knowledge. Compensation shall carry an appropriate interest, taking into account the length of time fromthe time of expropriation untilthe time of payment. Such compensation shall be effectively realisable, freely transferable in accordance with Article 10.11 (Transfers) and made without delay.
3. Notwithstanding paragraphs1 and 2,anymeasure ofexpropriation relating to land, which shall be as defined in the existing domestic legislation of the expropriating Partyonthe dateof entry into force ofthis Agreement, shall be for a purpose and upon payment of compensation in accordance with the aforesaid legislation and anysubsequent amendments 109 For greater certainty, for the purposes of this Article, public purpose refers to a concept in customary international law. Without prejudice to its definition under customary international law, public purpose may be similar or approximate to concepts under domestic law, for example, theconcept of "public necessity". thereto relating to the amount of compensation where such
4. This Article does not apply to the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectualpropertyrights, to the extent that such issuance, revocation, limitation or creation is consistent with the TRIPS Agreement.
