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 The compensation shall be payable either in the currency in which the investment was originally made or, if requested by the investor, in any other freely convertible currency.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
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 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 (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 principles taking into account factors such as including 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 the date of payment and shall be freely transferable between the territories of the partiesContracting Parties. The compensation shall be payable either in the currency in which the investment was originally made or, if requested by the investornational, in any other freely convertible currency.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement
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 related to the internal needs of that 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 (c1(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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and currency exchange rate movementsmovements and other relevant factors.
3. The compensation shall be paid without undue delay, shall include interest at a commercially reasonable the relevant prevailing rate from the date the measures were taken to the date of payment and shall be freely transferable between the territories of the partiesParties. 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.
Appears in 2 contracts
Samples: Investment Agreement, Agreement Between Australia and the Republic of Turkey on the Reciprocal Promotion and Protection of Investments
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 related to the internal needs of that 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 (c1(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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and value, currency exchange rate movementsmovements and other relevant factors.
3. The compensation shall be paid without undue delay, shall include interest at a commercially reasonable rate rate, such as the LIBOR rate, from the date the measures were taken to the date of payment and shall be freely transferable between the territories of the partiesParties. 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.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
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 nationals of the other Party Contracting Party, unless the following conditions are complied with:
(a) the The expropriation is for a public purpose related to the internal needs of that Contracting Party and under due process of law;
(b) the The expropriation is non-discriminatory; and
(c) the The expropriation is accompanied by the payment of prompt, adequate and effective compensation.
(2. ) The compensation referred to in paragraph 1 (c1) 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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and value, currency exchange rate movementsmovements and other relevant factors.
(3. ) The compensation shall be paid without undue delay, shall include interest at a commercially reasonable rate from rate, such as the date the measures were taken to date of payment London Interbank Offered Rate plus an appropriate margin, and shall be freely transferable between the territories of the partiesContracting Parties. The compensation shall be payable either in the currency in which the investment was originally made or, if requested by the investornational, in any other a freely convertible currency.
Appears in 2 contracts
Samples: Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement
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 related to the internal needs of that 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 (c1(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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and value, currency exchange rate movementsmovements 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 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.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
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 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 (c1) 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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and value, currency exchange rate movementsmovements 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 partiesContracting Parties. The compensation shall be payable either in the currency in which the investment was or investments were originally made or, if requested by the investornational, in any other a freely convertible currency.
Appears in 1 contract
Samples: Investment Agreement
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 nationals of the other Party 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 (c1) 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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and value, currency exchange rate movementsmovements and other relevant factors.
(3. ) The compensation shall be paid without undue delay, shall include interest at a commercially reasonable rate from rate, such as the date the measures were taken to date of payment London Interbank Offered Rate plus an appropriate margin, and shall be freely transferable between the territories of the partiesContracting Parties. The compensation shall be payable either in the currency in which the investment was originally made or, if requested by the investornational, in any other a freely convertible currency.
Appears in 1 contract
Samples: Investment Agreement
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 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 (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 principles taking into account the capital invested, depreciation, capital already repatriated, replacement value and value, currency exchange rate movementsmovements 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 partiesContracting Parties. The compensation shall be payable either in the currency in which the investment was or investments were originally made or, if requested by the investor, in any other freely convertible currency.
Appears in 1 contract
Samples: Investment Agreement