Expropriation. 1. Investments of investors of the Home Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the Host Contracting Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms: (a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, on a non-discriminatory basis and against prompt. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable. (b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. (c) The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation and of the valuation of their investment, in accordance with the principles set out in this Article. 2. Notwithstanding, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).
Appears in 8 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable an appropriate commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realized and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 8 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory nondiscriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial prevailing rate on a market basis or as provided agreed upon by law of that Contracting Party both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c) 2. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
23. NotwithstandingWhere a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 8 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of the Home Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the Host Contracting Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, on a non-discriminatory basis and against prompt. , adequate and effective compensation not less favorable than that accorded to its own investorsthe investors of the Host Contracting Party. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable.
(c) The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation and of the valuation of their investment, in accordance with the principles set out in this Article.
2. Notwithstanding, Notwithstanding the foregoingforgoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors investor of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c1) The investors investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly. Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares.
2. Notwithstanding, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).
Appears in 6 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market fair value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial prevailing market rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, that contracting Party on a non-discriminatory basis and against prompt. , adequate and effective compensation not less favorable than that accorded to its own investorscompensation. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable.
(c) . The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their his or its investment, in accordance with the principles set out in this Articleparagraph.
2. NotwithstandingWhere a Contracting Party expropriates the assets of a company, within the foregoingmeaning of Article 1 (3), with respect to intellectual property which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares or other ownership rights.
Appears in 5 contracts
Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party rate until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferabletransferable in convertible currency.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articlearticle. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).
Appears in 5 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interest, at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph(l) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of made by investors of the Home one Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) purpose. The expropriation shall be made in accordance with the laws of the Host Contracting Party, carried out on a non-discriminatory basis in accordance with legal procedures and against prompt. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferablecompensation.
(b2) Such compensation shall amount to the market value of the expropriated investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, knowledge and shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until from the date of payment, shall be made without delay, be effectively realizable expropriation and be freely transferable. Compensation shall be effective, adequate and be paid out without undue delay.
(c3) The investors affected investor whose investment was expropriated, shall have a right, the right under the law of the expropriating Contracting Party making the expropriation, to prompt review, review by a judicial or other independent appropriate authority of that Contracting Party, Party of the legality of the expropriation his case and of the valuation of their investment, his investment in accordance with the principles set out in this Articleparagraph.
2. Notwithstanding(4) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use provisions of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement paragraph (1) of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)this Article shall be applied.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realisable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph 1 of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Bilateral Investment Agreement, Bilateral Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (I) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in paragraph (1) of this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contacting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of made by investors of the Home one Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) purpose. The expropriation shall be made in accordance with the laws of the Host Contracting Party, carried out on a non-discriminatory basis in accordance with legal procedures and against prompt. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferablecompensation.
(b2) Such compensation shall amount to the market value of the expropriated investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until from the date of payment, shall be made without delay, be effectively realizable expropriation and be freely transferable. Compensation shall be effective, adequate and be paid without undue delay.
(c3) The investors affected investor whose investment was expropriated, shall have a right, the right under the law of the expropriating Contracting Party making the expropriation, to prompt review, review by a judicial or other independent appropriate authority of that Contracting Party, Party of the legality of the expropriation his case and of the valuation of their investment, his investment in accordance with the principles set out in this Articleparagraph.
2. Notwithstanding(4) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use provisions of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement paragraph (1) of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)this Article shall be applied.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1. Investments ) Investors of investors of the Home either Contracting Party shall not be nationalized, expropriated or deprived of their investments nor subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") such deprivation in the territory area of the Host other Contracting PartyParty except under due process of law, except on a non-discriminatory basis, for a public purpose related to the internal needs of the Host Contracting that Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, on a non-discriminatory basis and against promptcompensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market real value of the investment expropriated immediately before the expropriation deprivation or before the impending expropriation deprivation became public knowledge, whichever is the earlier, shall include interest at the rate applicable commercial rate on a market basis or as provided by under the law of that the Contracting Party making the deprivation until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c) convertible. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriationthat law, to prompt review, review by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation investor’s case and of the valuation of their investment, the investment in accordance with the principles set out in this Articleparagraph.
(2. Notwithstanding) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under its law and in which investors of the other Contracting Party own shares, it shall ensure that the foregoing, with provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee compensation referred to in paragraph (1) in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Partypurpose, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Partylaw, on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, . The compensation shall include interest at calculated on the applicable commercial rate on a market annual LIBOR basis or as provided by law from the date of that Contracting Party until expropriation to the date of payment, . The amount of compensation shall be made without delaysettled in the convertible currency, be effectively realizable and it shall be freely transferabletransferable and paid without undue delay.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent competent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a legal person which is established , incorporated or constituted under the foregoinglaw in force in any part of its own territory, with and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall to not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realisable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Promotion and Protection Agreement, Investment Agreement
Expropriation. 1. Investments of investors of the Home Neither Contracting Party shall not be nationalizedexpropriate, expropriated nationalize or subjected take other similar measures (hereinafter referred to measures having effect equivalent to nationalization or expropriation (hereinafter: as "expropriation") in against the territory investments of the Host Contracting Party, except for a public purpose related to the internal needs investors of the Host other Contracting PartyParty in its territory, and in accordance with the following termsexcept:
(a) The expropriation shall be made in accordance with for the laws of the Host Contracting Party, on a non-discriminatory basis and against prompt. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.public purpose; and
(b) Such under domestic law; and
(c) without discrimination and
(d) against compensation.
2. The compensation mentioned in Paragraph I of this Article shall amount be equivalent to the market value of the investment expropriated investments immediately before the expropriation is taken or before the impending expropriation became becomes public knowledge, whichever is the earlier, . Thevalue shall be determined in accordance with the generally recognized principles of valuation as if the investments were to be sold as an ongoing concern on the open market disregarding the question of expropriation. The compensation shall include interest at the applicable average commercial rate on a market basis or as provided by law from the date of that Contracting Party expropriation until the date of payment, . The compensation shall be made without delay, be effectively realizable and be freely transferable.
(c) 3. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article.
2. Notwithstanding, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares. Notwithstanding*For better understanding of this Article, it shall be interpreted as per the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth shared understanding in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)Protocol annexed to this Agreement.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial normal market rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of made by investors of the Home one Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) purpose. The expropriation shall be made in accordance with the laws of the Host Contracting Party, carried out on a non-discriminatory basis in accordance with legal procedure and against prompt. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.compensation,
(b2) Such compensation shall amount to the market value of the expropriated investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, knowledge and shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until from the date of payment, shall be made without delay, be effectively realizable expropriation and be freely transferable. Compensation shall be effective, adequate arid he paid out without undue delay.
(c3) The investors affected investor whose investment was expropriated shall have a right, the right under the law of the expropriating Contracting Party making the expropriation, to prompt review, review by a judicial or other independent appropriate authority of that Contracting Party, Party of the legality of the expropriation his case and of the valuation of their investment, cf his investment in accordance with the principles set out in this Articleparagraph.
2. Notwithstanding(4) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use provisions of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement paragraph (1) of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)this Article shall be applied.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as <<expropriation">>) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at calculated on the applicable commercial rate on a market libor basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c) 2. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial Judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph (1) above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
23. NotwithstandingWhere a Contracting Party expropriates the assets of a legal person which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment Investment expropriated immediately before the expropriation or before the impending Impending expropriation became public knowledge, whichever is the earlier, shall include interest Interest, at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c) 2. The investors Investor affected shall have a right, right under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or Its case and of the valuation of their investment, in his or its investment In accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review Is carried out promptly.
23. NotwithstandingWhere a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph 1 of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realisable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of own territory, and in which investors of the foregoingother contracting party own shares, with it shall ensure that the provisions of paragraph(1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (I) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion and Protection Agreement
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host that Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, Party on a non-non- discriminatory basis and against prompt. , adequate and effective compensation not less favorable than that accorded to its own investorscompensation. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable.
(c) . The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their his or its investment, in accordance with the principles set out in this Articleparagraph.
2. NotwithstandingWhere a Contracting Party expropriates the assets of a company, within the foregoingmeaning of Article 1 (3), with respect to intellectual property which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares or other ownership rights.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realisable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of own territory, and in which investors of the foregoingother contracting party own shares, with it shall ensure that the provisions of paragraph(1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate applicable commercial rate on a market basis or as provided by law in the territory of that Contracting Party until the date of payment, . shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with its shall ensure that the provisions of paragraph (I) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).those shares
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host that Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, Party on a non-discriminatory basis and against prompt. , adequate and effective compensation not less favorable than that accorded to its own investorscompensation. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable.
(c) . The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their his or its investment, in accordance with the principles set out in this Articleparagraph.
2. NotwithstandingWhere a Contracting Party expropriates the assets of a company, within the foregoingmeaning of Article 1 (3), with respect to intellectual property which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph
(1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares or other ownership rights.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever hichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market fair value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial prevailing market rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. (1. ) Investments of investors nationals or companies of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, on a non-discriminatory basis and against through prompt. , adequate and effective compensation not less favorable than that accorded to its own investorscompensation. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledgewas publicly announced, whichever is the earlier, shall include interest at the applicable a normal commercial rate on a market basis or as provided by law of that Contracting Party until the date of the payment, shall be made without delay, be effectively realizable realisable and be freely transferable.
(c) . Whenever there is no market, as a basis for determining the value of the investment, compensation shall be calculated on the basis of a fair evaluation of the value of the investment taking into account all relevant factors. The investors national or company affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation and of the valuation of their its investment, in accordance with the principles set out in this Articleparagraph.
(2. Notwithstanding) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which nationals or companies of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate mid effective compensation in respect of their investment to intellectual property rights, such nationals or companies of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationailsation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in In accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is Is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realisable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or Its investment in accordance with the principles set out in In this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force In any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph 1 of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Bilateral Investment Agreement
Expropriation. Footnote (1. )
(1) Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory nondiscriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a in the public purpose related to the internal needs of the Host Contracting Party, and interest in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against prompt. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments which shall be freely transferable.
(b) Such compensation shall amount equivalent to the fair market value of the expropriated investment expropriated immediately before the expropriation or before the impending date on which such expropriation became public knowledgepublicly known, whichever is the earlier, and shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delayexpeditiously, be effectively realizable and be freely transferable.
(c2) The Without prejudice to the investors rights under Article 9 of this Agreement, the investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, review by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this ArticleParagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which Investors of the other Contracting Party own shares, it shall ensure that the provisions of Paragraphs (1) and (2. Notwithstanding, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use ) of an intellectual property right, provided such authorization is made in conformance with the principles set forth this Article are applied in the Agreement same manner to provide compensation in respect of Trade Related Aspects the investment of Intellectual Property Rights ("TRIPS") (1994)such investors of the other Contracting Party who are owners of those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and In which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation expropriation. (hereinafter: "hereinafter referred to as “expropriation") ”), in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Partylaw, on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment investments expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable an appropriate commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realized and be freely transferable.,
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory nondiscriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares. Notwithstanding*For better understanding of this Article, it shall be interpreted as per the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made in conformance with the principles set forth shared understanding in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).Protocol annexed to this Agreement
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors nationals or companies of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host that Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, on a non-discriminatory basis Party and against prompt. , adequate and effective compensation not less favorable than that accorded to its own investorscompensation. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable a normal commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable realisable and be freely transferable.
(c) transferable in convertible currencies. The investors national or company affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph.
(2. Notwithstanding) Where a Contracting Party expropriates the assets of a company which is domiciled, constituted or incorporated under the law in force in its territory, and in which nationals or companies of the other Contracting Party own shares, the foregoingformer Contracting Party shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, with adequate and effective compensation in respect of their investment to intellectual property rights, such nationals or companies of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationailsed, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and interest in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, ; shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, and shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a rightreight, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph (1) above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to. Notwithstanding, ensure fair and equitable compensation in respect of their investment to such investors of the foregoing, with respect to intellectual property rights, the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever hichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares. Notwithstanding* For greater certainty, the foregoing, with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use of an intellectual property right, provided such authorization is made Article on Expropriation shall be interpreted in conformance accordance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)side letter annexed to this Agreement.
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Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalized, nationalised. expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, . be effectively realizable and be freely transferable.
(c2) The investors Investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in paragraph (1) of this Article. The Contracting party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph
(1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articlethe paragraph (1) above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. 1. Investments of investors of the Home either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the Host other Contracting Party, except for a public purpose related to the internal needs of the Host that Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, Party on a non-non- discriminatory basis and against promptreasonable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without undue delay, be effectively realizable and be freely transferable.
(c) . The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of o f that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their his or its investment, in accordance with the principles set out in this Articleparagraph.
2. NotwithstandingWhere a Contracting Party expropriates the assets of a company, within the foregoingmeaning of Article 1 (3), with respect to intellectual property which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee reasonable compensation, as provided for above, in respect of their investment to such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and interest in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, Law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, and shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph (1) above. The Contracting Party making the expropriation shall make every endeavour to ensure that such reviews is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory nondiscriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realizable, he convertible and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article arc applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articlethe paragraph (1) above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable normal commercial rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without undue delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, review by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph
(1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall to not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable realisable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. 1. Investments made by the investor of investors of the Home any Contracting Party shall not be nationalized, expropriated or subjected subject to measures having equivalent effect equivalent to nationalization or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, except for a unless this is done in the public purpose related to the internal needs of the Host Contracting Party, and interest. Such expropriation will be done in accordance with the following terms:
(a) The expropriation shall legislation, will not be made in accordance with the laws discriminatory and will be accompanied by an order for payment of the Host Contracting Partyprompt, on a non-discriminatory basis and against prompt. adequate proper and effective compensation not less favorable than that accorded to its own investorscompensation. Resulting payments shall be freely transferable.
(b) Such compensation shall amount will be equivalent to the market value of the expropriated investment expropriated immediately determined before the expropriation or before the impending expropriation became public knowledgedecision becomes publicly known, whichever is the earlier, shall and will include interest at the applicable commercial rate on a market basis or as provided by law of that Contracting Party until from the date of paymentexpropriation, shall will be made without delay, be effectively realizable undue delay and be paid in freely transferableconvertible currency.
(c) 2. The investors affected shall have a right, under investor concerned has the law right to demand immediate consideration of his case with respect to the valuation of his investment by the judicial authorities or by another independent authority of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation and of the valuation of their investment, Parties in accordance with the principles set out in this that Article.
23. Notwithstanding, The provisions of paragraph 1 of this Article shall also apply where a Contracting Party expropriates the foregoing, assets of a company incorporated or constituted in accordance with respect to intellectual property rights, the legislation in force in its territory and which is situated in the territory of one of the Contracting Parties may permit and where investors of the unauthorized use other Contracting Party hold shares. Article 1 of an intellectual property right, provided such authorization is made this Article shall also apply where a Contracting Party expropriates the assets of a company incorporated or constituted in conformance accordance with the principles set forth legislation in force in its territory and which is established in the Agreement territory of Trade Related Aspects one of Intellectual Property Rights ("TRIPS") (1994)the Contracting Parties and in which the investors of the other Contracting Party hold shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate applicable commercial rate on a market basis or as provided by law in the territory of that Contracting Party until the date of payment, . shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with its shall ensure that the provisions of paragraph (I) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994).those shares
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, viith law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public pubic knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, ; be effectively realizable and be freely transferable.. V
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a V judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a V company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (I) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "expropriation"hereinafter referred to as Αexpropriation≅) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and In which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial prevailing rate on a market basis or as provided agreed upon by law of that Contracting Party both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, viith law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public pubic knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, ; be effectively realizable and be freely transferable.. V
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a V judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a V company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (I) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Bipa Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "expropriation"hereinafter referred to as Aexpropriation÷) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Bilateral Investment Treaty
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became becomes public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferabletransferrable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or I its case and of the valuation of their investment, his or its investment in accordance with the principles Principles set out in this Articleparagraph (I) above, The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried-out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "expropriation"hereinafter referred to as Aexpropriation≅) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interest, at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph(l) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Bipa Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizedationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory nondiscriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in paragraph (1) of this Article. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as " expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares. Notwithstanding, the foregoing, * The term "expropriation" in this article shall be interpreted in accordance with respect to intellectual property rights, the Contracting Parties may permit the unauthorized use Xxxxx on interpretation of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)this article.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest Interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, his or its investment in accordance with the principles set out in this Articleparagraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. Investments ) investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-non- discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or its case and of the valuation of their investment, its investment in accordance with the principles set out in this Articleparagraph. The contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force In any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph
(1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. ) Investments of investors of the Home either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the Host other Contracting Party, Party except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with the following terms:
(a) The expropriation shall be made in accordance with the laws of the Host Contracting Party, law on a non-discriminatory basis and against promptfair and equitable compensation. adequate and effective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became becomes public knowledge, whichever is the earlier, shall include interest at the applicable commercial a fair and equitable rate on a market basis or as provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferabletransferrable.
(c2) The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of the legality of the expropriation his or I its case and of the valuation of their investment, his or its investment in accordance with the principles Principles set out in this Articleparagraph (1) above, The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried-out promptly.
2. Notwithstanding(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the foregoingother Contracting Party own shares, with it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to intellectual property rights, such investors of the other Contracting Parties may permit the unauthorized use Party who are owners of an intellectual property right, provided such authorization is made in conformance with the principles set forth in the Agreement of Trade Related Aspects of Intellectual Property Rights ("TRIPS") (1994)those shares.
Appears in 1 contract
Samples: Investment Protection Agreement