Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial rate until the date of payment, shall be made without unreasonable delay, be effectively realized and be freely transferable. (2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
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 either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial prevailing rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) . The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 8 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Expropriation. (1) . Investments of investors of either the Home Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as hereinafter: "expropriation") in the territory of the other Host Contracting Party Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with law 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 fair prompt. adequate and equitable compensationeffective compensation not less favorable than that accorded to its own investors. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the genuine 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 an appropriate 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 unreasonable delay, be effectively realized realizable and be freely transferable.
(2c) The investor 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 his or its case the legality of the expropriation and of the valuation of his or its investment their investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyArticle.
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 (3"TRIPS") 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 shares1994).
Appears in 8 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) . Investments of investors of either the Home Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as hereinafter: "expropriation") in the territory of the other Host Contracting Party Party, except for a public purpose related to the internal needs of the Host Contracting Party, and in accordance with law 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 fair prompt, adequate and equitable compensationeffective compensation not less favorable than that accorded to the investors of the Host Contracting Party. Resulting payments shall be freely transferable.
(b) Such compensation shall amount to the genuine 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 an appropriate commercial the applicable rate provided by law of that Contracting Party until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2c) The investor 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 his or its case the legality of the expropriation and of the valuation of his or its investment their investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyArticle.
2. Notwithstanding the forgoing, 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 (3"TRIPS") 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 shares1994).
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial the prevailing market rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1) Investments of investors investor of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(21) The investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 6 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law related to the internal needs of that contracting Party on a non-discriminatory basis and against fair prompt, adequate and equitable effective compensation. Such compensation shall amount to the genuine 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 an appropriate commercial rate as provided by law until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) . The investor 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 his or its case and of the valuation of his or its investment investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) 2. Where a Contracting Party expropriates the assets of a company company, within the meaning of Article 1 (3), which is incorporated or constituted under the law in force in any part of its own territory, 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 ensure fair guarantee prompt, adequate and equitable compensation effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those sharesshares or other ownership rights.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 paragraph (1paragraph(l) 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.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law purpose. The expropriation shall be carried out under due process of law, on a non-discriminatory basis and against fair shall be accompanied by provisions for the payment of prompt, adequate and equitable effective compensation. Such compensation shall amount to the genuine 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 an appropriate commercial rate until from the date of paymentexpropriation, shall be made without unreasonable delay, be effectively realized realizable and be freely transferabletransferable in freely convertible currency.
(2) . The 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 his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle.
3. The Contracting Party making the expropriation provisions of paragraph 1 of this Article shall make every endeavour to ensure that such review is carried out promptly.
(3) Where also apply 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 is owned wholly or partly by 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 sharesParty.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in paragraph (1) of this paragraphArticle. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) Where a Contracting 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 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.
Appears in 4 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Investment Promotion and Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 paragraph (1) 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.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Bilateral Investment Agreement, Bilateral Investment Agreement
Expropriation. (1) Investments of made by investors of either one Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law purpose. The expropriation shall be carried out on a non-discriminatory basis in accordance with legal procedures and against fair and equitable compensation. .
(2) Such compensation shall amount to the genuine 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 an appropriate commercial rate until from the date of payment, shall be made without unreasonable delay, be effectively realized expropriation and be freely transferable. Compensation shall be effective, adequate and be paid without undue delay.
(23) The investor affected whose investment was expropriated, shall have a right, the right under the law of the expropriating Contracting Party making the expropriation, to review, prompt review by a judicial or other independent appropriate authority of that Party, Contracting Party of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(34) 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 sharesshall be applied.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall to not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of made by investors of either one Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law purpose. The expropriation shall be carried out on a non-discriminatory basis in accordance with legal procedures and against fair and equitable compensation. .
(2) Such compensation shall amount to the genuine 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 an appropriate commercial rate until from the date of payment, shall be made without unreasonable delay, be effectively realized expropriation and be freely transferable. Compensation shall be effective, adequate and be paid out without undue delay.
(23) The investor affected whose investment was expropriated, shall have a right, the right under the law of the expropriating Contracting Party making the expropriation, to review, prompt review by a judicial or other independent appropriate authority of that Party, Contracting Party of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(34) 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 sharesshall be applied.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. (1) Investments of investors Investors of either Contracting Party shall not be nationalised, expropriated or deprived of their investments nor subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") such deprivation in the territory area of the other Contracting Party except for a public purpose in accordance with law under due process of law, on a non-discriminatory basis basis, for a public purpose related to the internal needs of that Party, and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial the rate applicable under the law of the Contracting Party making the deprivation until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) convertible. The investor affected shall have a right, under the law of the Contracting Party making the expropriationthat law, to review, prompt review by a judicial or other independent authority of that Party, of his or its the investor’s case and of the valuation of his or its the investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(32) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the its 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 guarantee compensation referred to in paragraph (1) in respect of their investment to such investors of the other Contracting Party who are owners of 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 either . Neither Contracting Party shall not be nationalisedexpropriate, expropriated nationalize or subjected to take other similar measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in against the territory investments of the investors of the other Contracting Party except in its territory, except:
(a) for a the public purpose purpose; and
(b) under domestic law; and
(c) without discrimination and
(d) against compensation.
2. The compensation mentioned in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation Paragraph I of this Article shall amount be equivalent to the genuine 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 an appropriate the average commercial rate from the date of expropriation until the date of payment, . The compensation shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) 3. The 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 his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyArticle.
(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.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 paragraph (1I) 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.
Appears in 3 contracts
Samples: Investment Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose purpose, in accordance with law law, on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial rate until calculated on the annual LIBOR basis from the date of expropriation to the date of payment, . The amount of compensation shall be made without unreasonable delaysettled in the convertible currency, be effectively realized and it shall be freely transferabletransferable and paid without undue delay.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent competent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 legal person which is established , 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.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Promotion and Protection Agreement, Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) . The investor Investor affected shall have a right, right under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its Its case and of the valuation of his or its investment in In accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is 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 paragraph (1) 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.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "<<expropriation">>) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial rate calculated on the libor basis until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) . The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial Judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphparagraph (1) above. 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 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 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial the prevailing market rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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. *For better understanding of this Article, it shall be interpreted as per the shared understanding in the Protocol annexed to this Agreement.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 contracting party own shares, it shall ensure that the provisions of paragraph (1paragraph(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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as hereinafter: "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law related to the internal needs of that Contracting Party on a non-non- discriminatory basis and against fair prompt, adequate and equitable effective compensation. Such compensation shall amount to the genuine 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 an appropriate commercial rate as provided by law until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) . The investor 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 his or its case and of the valuation of his or its investment investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) 2. Where a Contracting Party expropriates the assets of a company company, within the meaning of Article 1 (3), which is incorporated or constituted under the law in force in any part of its own territory, 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 ensure fair guarantee prompt, adequate and equitable compensation effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those sharesshares or other ownership rights.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial the rate applicable in the territory of that Contracting Party until the date of payment, . shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 its shall ensure that the provisions of paragraph (1I) 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.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial the normal market rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as hereinafter: "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law related to the internal needs of that Contracting Party on a non-discriminatory basis and against fair prompt, adequate and equitable effective compensation. Such compensation shall amount to the genuine 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 an appropriate commercial rate as provided by law until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) . The investor 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 his or its case and of the valuation of his or its investment investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) 2. Where a Contracting Party expropriates the assets of a company company, within the meaning of Article 1 (3), which is incorporated or constituted under the law in force in any part of its own territory, territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph paragraph
(1) of this Article are applied to the extent necessary to ensure fair guarantee prompt, adequate and equitable compensation effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those sharesshares or other ownership rights.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either . Neither Contracting Party shall not be nationalisedexpropriate, expropriated nationalize or subjected to take other similar measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in against the territory investments of the investors of the other Contracting Party except for a in its territory, except:
(a) For the public purpose purpose; and
(b) Under domestic law;and
(c) Without discrimination and
(d) Against compensation.
2. The compensation mentioned in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation paragraph I of this Article shall amount be equivalent to the genuine 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 sold as an ongoing concern on the open market disregarding the question of expropriation. The compensation shall include interest at an appropriate the average commercial rate from the date of expropriation until the date of payment, . The compensation shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) 3. The 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 his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyArticle.
(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.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expropriation. (1) Investments of made by investors of either one Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law purpose. The expropriation shall be carried out on a non-discriminatory basis in accordance with legal procedure and against fair and equitable compensation. ,
(2) Such compensation shall amount to the genuine 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 an appropriate commercial rate until from the date of payment, shall be made without unreasonable delay, be effectively realized expropriation and be freely transferable. Compensation shall be effective, adequate arid he paid out without undue delay.
(23) The investor affected whose investment was expropriated shall have a right, the right under the law of the expropriating Contracting Party making the expropriation, to review, prompt review by a judicial or other independent appropriate authority of that Party, Contracting Party of his or its case and of the valuation of cf his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(34) 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 sharesshall be applied.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 paragraph (1I) 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.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion and Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 contracting party own shares, it shall ensure that the provisions of paragraph (1paragraph(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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1) Investments investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting 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 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 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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose interest in accordance with law Law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, and shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphparagraph (1) above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review reviews 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 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable, he convertible and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 paragraph (1) of this Article are arc 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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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. * For greater certainty, the Article on Expropriation shall be interpreted in accordance with the side letter annexed to this Agreement.
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Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphthe paragraph (1) above. 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 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.
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Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferabletransferrable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or I its case and of the valuation of his or its investment in accordance with the principles Principles set out in this paragraph. paragraph (1) above, The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried 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 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalisednationailsed, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose interest in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, and shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a rightreight, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphparagraph (1) above. 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 paragraph (1) of this Article are applied to the extent necessary to 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate the normal commercial rate until the date of payment, shall be made without unreasonable undue delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to review, review by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
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Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation"Aexpropriation≅) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation"Aexpropriation÷) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
Appears in 1 contract
Samples: Bilateral Investment Treaty
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Samples: Bipa Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation expropriation. (hereinafter referred to as "“expropriation") ”), in the territory of the other Contracting Party except for a public purpose in accordance with law law, on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial rate until the date of payment, shall be made without unreasonable delay, be effectively realized and be freely transferable.,
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
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Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation"Αexpropriation≅) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 paragraph 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall to not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphthe paragraph (1) above. 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 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.
Appears in 1 contract
Expropriation. (1) . Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as hereinafter: "expropriation") in the territory of the other Contracting Party Party, except for a public purpose in accordance with law related to the internal needs of that Contracting Party on a non-non- discriminatory basis and against fair and equitable reasonable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial rate as provided by law until the date of payment, shall be made without unreasonable undue delay, be effectively realized realizable and be freely transferable.
(2) . The investor 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 his or its case and of the valuation of his or its investment investment, in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) 2. Where a Contracting Party expropriates the assets of a company company, within the meaning of Article 1 (3), which is incorporated or constituted under the law in force in any part of its own territory, 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 ensure fair and equitable compensation guarantee reasonable compensation, as provided for above, in respect of their investment to such investors of the other Contracting Party who are owners of those sharesshares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with viith law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, ; be effectively realized realizable and be freely transferable.. V
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a V judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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 other Contracting Party own shares, it shall ensure that the provisions of paragraph (1I) 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.
Appears in 1 contract
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation nationailsation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in In accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its Its investment in accordance with the principles set out in In this paragraphArticle. 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 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) 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.
Appears in 1 contract
Samples: Bilateral Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial the rate applicable in the territory of that Contracting Party until the date of payment, . shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 its shall ensure that the provisions of paragraph (1I) 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, . expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, . be effectively realized realizable and be freely transferable.
(2) The investor Investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in paragraph (1) of this paragraphArticle. The Contracting Party 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 paragraph 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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. Footnote (1)
(1) Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a the right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Samples: Bipa Agreement
Expropriation. (1) . Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or subjected otherwise subject to any other measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "expropriation"') in the territory of the other Contracting Party except for a public purpose in accordance with law purposes and against prompt, adequate and effective compensation. The expropriation shall be carried out on a non-discriminatory basis and against fair and equitable compensationBasis in accordance with legal procedures.
2. Such compensation shall amount to the genuine fair market value of the investment expropriated investments immediately before the date when the expropriation was made or before the date when the impending expropriation became public knowledge, whichever is the earlier, shall include interest at an appropriate the applicable commercial rate from the date of expropriation until the date of payment, and shall be made without unreasonable undue delay, be effectively realized realizable, and be freely transferable. In both expropriation and compensation, treatment no less favourable than that which the Contracting Party accords to its own investors or to investors of any third State shall be accorded.
(2) The investor 3. Investors of one Contracting Party affected by expropriation shall have a right, under the law of the Contracting Party making the expropriation, right to review, prompt review by a judicial or other independent authority of that Party, the other Contracting Party of his or its their case and of the valuation of his or its investment their investments in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyArticle.
(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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferabletransferrable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or I its case and of the valuation of his or its investment in accordance with the principles Principles set out in this paragraph. paragraph (I) above, The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried 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 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.
Appears in 1 contract
Expropriation. (1) . Investments made by the investor of investors of either any Contracting Party shall not be nationalisednationalized, expropriated or subjected subject to measures having equivalent effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a Party, unless this is done in the public purpose interest. Such expropriation will be done in accordance with law on a non-the legislation, will not be discriminatory basis and against fair will be accompanied by an order for payment of prompt, proper and equitable effective compensation. Such compensation shall amount will be equivalent to the genuine 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 an appropriate commercial rate until from the date of paymentexpropriation, shall will be made without unreasonable delay, be effectively realized undue delay and be paid in freely transferableconvertible currency.
(2) . The investor affected shall have a right, under concerned has the law of the Contracting Party making the expropriation, right to review, by a judicial or other independent authority of that Party, demand immediate consideration of his or its case and of with respect to the valuation of his investment by the judicial authorities or its investment by another independent authority of the Contracting Parties in accordance with the principles set out in this paragraphthat Article.
3. The Contracting Party making the expropriation provisions of paragraph 1 of this Article shall make every endeavour to ensure that such review is carried out promptly.
(3) Where also apply where a Contracting Party expropriates the assets of a company which is incorporated or constituted under in accordance with the law legislation in force in any part its territory and which is situated in the territory of its own territory, one of the Contracting Parties and in which where investors of the other Contracting Party own hold shares, it shall ensure that the provisions of paragraph (1) . Article 1 of this Article are applied to shall also apply where a Contracting Party expropriates the extent necessary to ensure fair assets of a company incorporated or constituted in accordance with the legislation in force in its territory and equitable compensation which is established in respect the territory of their investment to such one of the Contracting Parties and in which the investors of the other Contracting Party who are owners of those hold shares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) Where 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) Where 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 (1paragraph(l) 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party in the territory of the other Contracting Party shall not be nationalised, expropriated or subjected to measures having effect effects equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law purposes, under due process of law, on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, delay and shall be effectively realized realizable and be freely transferable.
(2) The investor affected by the expropriation shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 expropriates, nationalises or takes measures having effect equivalent to nationalisation or expropriation against the assets of a company which is incorporated or constituted under the law laws 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 article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment as specified therein to such investors of the other Contracting Party who are owners of those shares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with viith law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, ; be effectively realized realizable and be freely transferable.. V
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a V judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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 other Contracting Party own shares, it shall ensure that the provisions of paragraph (1I) 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalisedationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in paragraph (1) of this paragraphArticle. 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 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.
Appears in 1 contract
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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. * The term "expropriation" in this article shall be interpreted in accordance with Xxxxx on interpretation of this article.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a in the public purpose interest in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation which shall amount be equivalent to the genuine 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delayexpeditiously, be effectively realized realizable and be freely transferable.
(2) 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 review, review by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphParagraph. 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 Investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph Paragraphs (1) and (2) of this Article are applied in the same manner to the extent necessary to ensure fair and equitable provide compensation in respect of their the investment to of 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 either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party 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 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraphArticle. 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 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.. *For better understanding of this Article, it shall be interpreted as per the shared understanding in the Protocol annexed to this Agreement
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose purpose, in accordance with law law, on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an the appropriate commercial rate until the date of payment, shall be made without unreasonable undue delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party 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 shall, to the extent necessary, ensure that the provisions of compensation according to paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment will be made available to such investors of the other Contracting Party who are owners of those sharesinvestors.
Appears in 1 contract
Expropriation. (1) Investments of investors nationals or companies of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis related to the internal needs of that Contracting Party and against fair prompt, adequate and equitable effective compensation. Such compensation shall amount to the genuine 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 an appropriate a normal commercial rate until the date of payment, shall be made without unreasonable delay, be effectively realized realisable and be freely transferable.
(2) transferable in convertible currencies. The investor 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 his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(32) Where a Contracting Party expropriates the assets of a company which is domiciled, constituted or incorporated or constituted under the law in force in any part of its own territory, and in which investors nationals or companies of the other Contracting Party own shares, it the former Contracting Party shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair guarantee prompt, adequate and equitable effective compensation in respect of their investment to such investors nationals or companies 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 either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "“expropriation"”) in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the 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 an appropriate commercial a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party 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 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.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "" expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non-non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the genuine 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 an appropriate commercial prevailing rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realized realizable and be freely transferable.
(2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. 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 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.
Appears in 1 contract
Samples: Investment Agreement