Expropriation, Compensation. 1. Neither Contracting Party shall expropriate nationalize or take similar measures (hereinafter referred to as 'expropriation') against investments of investors of the other Contracting Party in its territory, unless the following conditions are met:
(a) for the public interests;
(b) under domestic legal procedures;
(c) without discrimination;
(d) against compensation.
2. The compensation mentioned in Xxxxxxxxx 0, (x) of this Article shall be equivalent to the market value of the expropriated investments immediately before expropriation is proclaimed, be convertible and freely transferable. The compensation shall be paid without unreasonable delay.
3. The investor affected shall have the right, to prompt review, by a judicial or other competent authority of that Contracting Party, of this or its case and of the valuation of his or its investment in accordance with the principles set out in this Article.
Expropriation, Compensation. (1) Neither of the Contracting Parties shall take, either directly or indirectly, measures of expropriation, nationalization or any other measures having the same nature or the same effect against investments of investors of the other Contracting Party (hereinafter referred to as "expropriation"), unless the measures are taken in the public interest, on a non- discriminatory basis and under due process of law, and provided that provisions be made for prompt, effective and adequate compensation. Such compensation shall be equivalent to the fair market value of the investment immediately before the expropriation occurred or became public knowledge, whichever is earlier, as determined in accordance with recognised principles of valuation. The amount of compensation shall include interest at a normal commercial rate from the date of dispossession until the date of payment, shall be paid without delay, be fully realisable in a freely convertible currency and be freely transferable.
(2) Without prejudice to Article 11 (Disputes between a Contracting Party and an investor of the other Contracting Party), 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 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.
Expropriation, Compensation. 1. Investments by investors of a Contracting Party in the state territory of the other Contracting Party shall not be expropriated, nationalized or subjected to any other measures having the effect, either directly or indirectly, equivalent to expropriation or nationalization (hereinafter referred to as “expropriation”) except for a public and state interest, on a non-discriminatory basis, under due process of law and against the payment of prompt, adequate and effective compensation.
2. Such compensation shall amount to the fair market value of the expropriated investment at the time immediately before the expropriation was taken or became public knowledge, whichever is earlier.
3. Taking into account paragraph 2 of this Article such fair market value shall be expressed in a freely convertible currency on the basis of the market rate of exchange applicable for that currency on the day of transfer. Compensation shall also include interest at a commercial rate established on a market basis for the currency in question from the date of expropriation until the date of actual payment.
4. The investor whose investments are expropriated, shall have the right to prompt review by a State judicial or other competent authority of the Host Contracting Party of its case and of valuation of its investments in accordance with the principles set out in this Article.
Expropriation, Compensation. 1- Investments by investors of either Contracting Party shall enjoy full protection and security in the territory of the other Contracting Party.
2- Neither of the Contracting Parties shall take, either directly or indirectly, measures of expropriation, nationalization or any other measures having the same nature or the same effect against investments of investors of the other Contracting Party, unless the measures are taken in the public interest as established by law, on a non-discriminatory basis, and under due process of law, and provided that provisions be made for effective and adequate compensation, according to the enforced national law without any kind of discrimination. Such compensation shall be equivalent to the value of the expropriated investment immediately before the date on which the actual or threatened expropriation, nationalization or comparable measure has become publicly known. The compensation shall be paid without delay and shall carry the usual bank interest until the time of payment; it shall be effectively realizable and freely transferable. Provisions shall have been made in an appropriate manner at or prior to the time of expropriation, nationalization or comparable measure for the determination and payment of such compensation. The legality of any such expropriation, nationalization or comparable measure and the amount of compensation shall be subject to review by due process of law.
3- The provisions of paragraph 2 of this Article shall also apply where a Contracting Party expropriates the assets of a company which is constituted under the laws in force in any part of its own territory and in which investors of the other Contracting Party own shares.
4- Investors of either Contracting Party whose investments suffer losses in the territory of the other Contracting Party owing to war or other armed conflict, revolution, a state of national emergency, or revolt, shall be accorded treatment, as regards restitution, indemnification, compensation or other valuable consideration, no less favourable than that which the latter Contracting Party accords to its own investors or to investors of any third State whichever is more favourable. Such payments shall be freely transferable.
Expropriation, Compensation. (1) Neither Contracting Party shall take, directly or indirectly, measures of expropriation, nationalisation or any other measure having the same character or effect, in respect of investments belonging to investors of the other Contracting Party, except for reasons of public interest and provided that such measures are non-discriminatory, comply with the legal provisions in force and give rise to the payment of effective and adequate compensation. The amount of the compensation, including interest, shall be paid in the currency of the country of origin of the investment and shall be delivered without delay to the right holder, irrespective of his domicile or headquarters.
(2) Investors in one Contracting Party whose investments have suffered losses as a result of war or other armed conflict, revolution, state of emergency or revolt in the territory of the other Contracting Party shall be treated by the latter as provided in Article 3 (2) of this Convention with regard to restitution, compensation, indemnification or other remedies.
Expropriation, Compensation. 1. Neither Contracting Party shall, directly or indirectly, measures of expropriation, nationalization or any other measures of the same nature or effect of investments against nationals of the other Contracting Party, except for cases expressly laid down in national constitutions and provided that such measures are not discriminatory and giving rise to fair and timely payment of compensation.
2. The compensation shall correspond to the value of the expropriated investment or nacionalizadainmediatamente before the date of expropriation, nationalization or public measure having equivalent. the compensation shall be paid without delay in a freely convertible currency and shall include interest until the date of actual payment, according to the usual bank interest and shall be freely transferable and realizable.
3. Nationals or companies of one Contracting Party who suffer losses in susinversiones capital in the territory of the other contracting party owing to war or other armed conflict, revolution, state of national emergency, revolt, riot or insurrection in the territory of the other Contracting Party, shall be treated no less favourably than by its own nationals and companies or companies and nationals of any third State as regards restitution, indemnification, payments or other adjustments. payments shall be transferable in accordance with article 5.
Expropriation, Compensation. (1) No Contracting Party may take expropriation or nationalization measures against investments which belong to investors of the other Contracting Parties, unless such measures were carried out in the public interest, are not discriminatory, comply with legal requirements and provide for compensation. Compensation shall be equal to the value of the expropriated investment immediately before the expropriation or imminent expropriation is publicly known. The compensation must be paid immediately after expropriation; It must in fact be usable and freely transferable.
(2) Investors of a Party whose investments have been damaged as a result of war or other armed conflict, insurrection, state of emergency or other comparable event in the territory of the other Party shall be entitled to non-discriminatory treatment as regards restitution, compensation, indemnity or other consideration. Treatment must be at least equal to that accorded to investors in the most favoured nation.
Expropriation, Compensation. (1) Investments made by investors of one Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party, except for a public purpose. The expropriation shall be carried out on a non-discriminatory basis in accordance with legal procedure and against compensation.
(2) Such compensation shall amount to the market value of the expropriated investment immediately before the expropriation or before the impending expropriation became public knowledge and shall include interest from the date of expropriation and be freely transferable. Compensation shall be effective, adequate and be paid without undue delay.
(3) Investors of one Contracting Party, whose investments in the territory of the other Contracting Party suffered losses owing to war or armed conflict, state of emergency or other similar events shall as regards compensation or other forms of settlement, be accorded by the latter Contracting Party treatment not less favourable than that which the latter Contracting Party accords to its own investors or to the investors of any third State. Any payment made under this Article shall be freely transferable.
Expropriation, Compensation. 1. Neither Contracting Party shall take, directly or indirectly, measures of expropriation, nationalization or any other measures of the same nature or similar effect against investments of investors of the other Contracting Party, unless such measures are adopted on the grounds of public interest, on a Discriminatory and in accordance with due legal procedures and provided that they are accompanied by provisions for the payment of effective and adequate indemnification. This indemnity shall correspond to the market value of the expropriated investment immediately before the measure of expropriation has been taken or made public, whichever occurs first. In addition, the indemnity will include interest from the date of expropriation, will be paid without delay, in a freely convertible currency and will be freely transferable.
2. If a Contracting Party expropriates or nationalizes assets of a company incorporated or constituted under the law in force in any part of its territory and in which investors of the other Contracting Party hold shares or other equity securities, the first Contracting Party shall ensure that the indemnity Referred to in paragraph 1 of this article is paid to persons entitled to it.
3. If the investments of an investor of one Contracting Party in the territory of the other Contracting Party suffer losses due to war or other armed conflict, revolution, national state of emergency, revolt, insurrection or disorder in the territory of the other Contracting Party, the investor in question Shall receive, in respect of refunds, indemnities, compensation or other consideration, treatment no less favorable than that which would be accorded in the same circumstances to an investor of the other Contracting Party or of any third State.
Expropriation, Compensation. (a) All right, title and interest of the Sponsor at any time in and to any Project Equity Expropriation Compensation, together with full power and authority, in its name or otherwise, to institute proceedings (whether before a court or judge or by way of arbitration or otherwise) to enforce such claims, execute judgments or awards for and collect and receive Project Equity Expropriation Compensation.
(b) On or prior to the Initial Disbursement Date, the Sponsor shall make or cause to be made any filings or other recordings, give or cause to be given any notices and take and cause to be taken any other actions as may be necessary in the State of New York, the Cayman Islands and in any other jurisdiction to validly assign as security and perfect the grant of a first priority perfected security interest created by this Section 3.03.
(c) Any Project Equity Expropriation Compensation received by the Sponsor shall be deposited in the name of the Collateral Agent in a segregated bank account in New York, New York (the “New York Equity Expropriation Account”) (such account being a “securities account” as such term is defined in Section 9-501(a) of the UCC) or, if such Project Equity Expropriation Compensation is paid, originated or received in Bolivia and not permitted under applicable law to be paid directly to the New York Equity Expropriation Account, it shall be deposited in a segregated custody account established and maintained by the Collateral Agent in a Local Bank (the “Bolivian Equity Expropriation Account”; the Bolivian Equity Expropriation Account, together with the New York Equity Expropriation Account, are hereinafter collectively referred to as the “Equity Expropriation Account”). The New York Equity Expropriation Account and all moneys, financial assets and investments held in the New York Equity Expropriation Account shall constitute additional Sponsor Collateral hereunder. The moneys held in the New York Equity Expropriation Account shall be held in the name of the Collateral Agent for the purpose of making payments from the New York Equity Expropriation Account in accordance with this Agreement, and only the Collateral Agent shall have the right to make withdrawals and payments from the New York Equity Expropriation Account, as provided in this Agreement and the other Financing Documents. All moneys held in the Bolivian Equity Expropriation Account shall be funds held for the purpose of making payments therefrom in accordance with this Agreement...
