Common use of Expropriation Clause in Contracts

Expropriation. Each Contracting Party shall not take any measures of expropriation, nationalization or any other dispossession, having effect equivalent to nationalization or expropriation against the investments of an investor of the other Contracting Party except under the following conditions: (a) The measures are taken for a lawful purposes or public purpose and under due process of law; (b) The measures are non discriminatory; (c) The measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, and it shall be freely transferable in freely usable currencies from Contracting Party. Any unreasonable delay in payment of compensation shall carry an interest at prevailing commercial rate as agreed upon by both parties unless such rate is prescribed by law.

Appears in 62 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

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Expropriation. Each Contracting Party shall not take any measures of expropriation, nationalization or any other dispossession, having effect equivalent to nationalization or expropriation against the investments of an investor a national of the other Contracting Party except under the following conditions: (a) The the measures are taken for a lawful purposes purpose or public purpose and under due process of law; (b) The the measures are non non-discriminatory; (c) The the measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately without delay before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, and it shall be freely transferable in freely usable currencies from the Contracting Party. Any unreasonable delay in The compensation shall include interest from the date of expropriation until the date of payment of compensation shall carry an interest at prevailing the appropriate commercial rate as agreed upon by both parties unless such rate is prescribed by lawrate.

Appears in 41 contracts

Samples: Investment Agreement, Investment Promotion and Protection Agreement, Investment Agreement

Expropriation. Each Contracting Party shall not take any measures of expropriation, nationalization or any other dispossession, having effect equivalent to nationalization or expropriation against the investments of an investor of the other Contracting Party except under the following conditions: (a) The the measures are taken for a lawful purposes or public purpose and under due process of law; (b) The the measures are non discriminatory; (c) The the measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, and it shall be freely transferable in freely usable currencies from Contracting Party. Any unreasonable delay in payment of compensation shall carry an interest at prevailing commercial rate as agreed upon by both parties unless such rate is prescribed by law.

Appears in 3 contracts

Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement

Expropriation. Each Neither Contracting Party shall not take any measures of expropriation, expropriation or nationalization or any other dispossession, having effect equivalent to nationalization or expropriation against the investments of an investor Investor of the other Contracting Party except under the following conditions: (a) The measures are taken for a lawful purposes or public purpose and under due process of law; (b) The measures are non non-discriminatory; (c) The measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, and it shall be freely transferable in freely usable currencies from the Contracting Party. Any unreasonable delay in payment of compensation shall carry an interest at prevailing commercial rate as agreed upon by both parties unless such rate is prescribed by law.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. Each Contracting Party shall not take any measures of expropriation, nationalization nationalisation or any other dispossession, having effect equivalent to nationalization expropriation or expropriation nationalisation against the investments of an investor of the other Contracting Party except under the following conditions: (a) The the measures are taken for a lawful purposes purpose or public purpose and under due process of lawIaw; (b) The the measures are non non-discriminatory; (c) The the measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, Party and the investor of the other Contracting Party and it shall be freely transferable in freely usable currencies from Contracting Partycurrencies. Any unreasonable delay in payment of compensation shall carry an interest at prevailing commercial rate as agreed upon by both parties unless such rate rare is prescribed by law.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

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Expropriation. Each Contracting Party shall not take any measures of expropriation, nationalization or any other dispossession, having effect equivalent to nationalization or expropriation against the investments of an investor of the other Contracting Party except under the following conditions: (a) The measures are taken for a lawful purposes purpose or public purpose and under due process of law; (b) The measures are non discriminatory; (c) The measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately without delay before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, and it shall be freely transferable in freely usable currencies from the Contracting Party. Any unreasonable delay in The compensation shall include interest from the date of expropriation until the date of payment of compensation shall carry an interest at prevailing the appropriate commercial rate as agreed upon by both parties unless such rate is prescribed by lawrate.

Appears in 1 contract

Samples: Agreement on the Promotion and Protection of Investments

Expropriation. Each Contracting Party shall not take any measures of expropriation, nationalization or any other dispossession, having effect equivalent to nationalization or expropriation against the investments of an investor a national of the other Contracting Party except under the following conditions: (a) The measures are taken for a lawful purposes purpose or public purpose and under due process of law; (b) The measures are non discriminatory; (c) The measures are accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value immediately without delay before the measure of dispossession became public knowledge. Such market value shall be determined in accordance with internationally acknowledged practices and methods or, where such fair market value cannot be determined, it shall be such reasonable amount as may be mutually agreed between the Contracting Parties hereto, and it shall be freely transferable in freely usable currencies from the Contracting Party. Any unreasonable delay in payment of The compensation shall carry an include interest at prevailing commercial calculated on the commercially reasonable rate as agreed upon by both parties unless such rate is prescribed by lawbasis from the date of before the moment of expropriation to the date of payment.

Appears in 1 contract

Samples: Investment Agreement

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