Common use of Expropriation Clause in Contracts

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 nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interest, at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1. Investments of investors of either Contracting Party in the territory of the other Contracting Party shall not be nationalisednationalized, expropriated or subjected 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 public purpose interest, in accordance with law due process of law, on a nondiscriminatory non discriminatory basis and against fair the payment of prompt, adequate and equitable effective compensation. I-44952 2. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledgepublicly known, whichever is the earlier, earlier (hereinafter referred to as the "valuation date"). 3. Such market value shall be calculated in a freely convertible currency at the market rate of exchange prevailing for that currency on the valuation date. Compensation shall include interest at prevailing calculated on the basis of the 6-month LIBOR rate as agreed upon by both parties applicable on the date of expropriation, from the actual date of expropriation until the date of payment, . Compensation shall be made paid without unreasonable delay, be effectively realizable and be freely transferable. 24. The investor affected affected-shall have a the right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial authority or other competent and independent authority of that Contracting Party, of his or its case and of case, including the valuation of his or its investment and the payment of compensation, in accordance with the principles priciples set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyArticle. 35. 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 so as to the extent necessary to ensure fair guarantee prompt, adequate and equitable effective compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares.. I-44952

Appears in 4 contracts

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Bilateral Investment Treaty, Investment Agreement, Investment Promotion and 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 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 nondiscriminatory basis and against fair and equitable compensation. Such compensation Paragraph I of this Article shall amount be equivalent to the fair 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 prevailing the average commercial rate as agreed upon by both parties from the date of expropriation until the date of payment, . The compensation shall be made without unreasonable delay, be effectively realizable and be freely transferable. 23. 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 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

Sources: Bilateral Investment Treaty, 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: Bilateral Investment Treaty, 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 except for a public purpose in accordance with law on a nondiscriminatory non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 in accordance with law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: Bilateral Investment Treaty, Bilateral Investment Agreement, 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever hichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing the rate as agreed upon by both parties applicable in the territory of that Contracting Party until the date of payment, . shall be made without unreasonable delay, be effectively realizable and be freely transferable. (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

Sources: Investment Promotion and 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 nondiscriminatory non- discriminatory basis and against fair prompt, adequate and equitable effective compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing rate as agreed upon provided by both parties law until the date of payment, shall be made without unreasonable delay, be effectively 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. 32. 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 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment Investment expropriated immediately before the expropriation or before the impending Impending expropriation became public knowledge, whichever is the earlier, shall include interest Interest, at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Agreement, Investment 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 nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable. 1 For greater certainty, Article 5 shall be interpreted in accordance with Annexure-A on the clarification of indirect expropriation. (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 2 contracts

Sources: Promotion and Protection of Investments Agreement, Promotion and Protection of Investments 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 nondiscriminatory non-discriminatory basis and against fair prompt, adequate and equitable effective compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing rate as agreed upon provided by both parties law until the date of payment, shall be made without unreasonable delay, be effectively 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. 32. 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 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing rate as agreed upon by both parties calculated on the libor basis until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 except for a public purpose in accordance with law on a nondiscriminatory basis non-discriminatory bas and against fair and equitable compensation. Such compensation :shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and, equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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 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 Owners of those shares.

Appears in 2 contracts

Sources: 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 viith law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public pubic knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, ; be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 viith law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public pubic knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, ; be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interest, at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Protection Agreement

Expropriation. (1. ) Investments of investors of either Contracting Party 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the prevailing normal market rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable. (2. The investor affected ) A national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right, right under the law of the Contracting Party making the expropriation, expropriation to review, prompt review by a the appropriate judicial or administrative authorities of other independent authority of that Partyparty to determine whether any such expropriation has occurred and, of his or its case if so, whether such expropriation and of the valuation of his or its investment in accordance with any compensation thereof, conforms to 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 promptlyparagraph (1). (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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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 1 contract

Sources: Investment Protection Agreement

Expropriation. (1. ) Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or otherwise subjected 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 on a nondiscriminatory basis purpose, and against fair prompt, adequate and equitable effective compensation. . (2) Such compensation shall amount to the fair market value of the investment expropriated investments immediately before the expropriation was taken or before the impending expropriation became public knowledge, whichever is the earlier, and shall include interest at prevailing the applicable commercial rate as agreed upon by both parties from the date of expropriation until the date of payment, payment and shall be made without unreasonable undue delay, be effectively realizable realisable and be freely transferable. In both expropriation and compensation, treatment not 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 the expropriation shall have a right, under the law of the Contracting Party making the expropriation, right to prompt 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 other Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyof their case. 3. (4) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its territorylaws and regulations, and in which investors of the other Contracting Party participate or own sharesshares or debentures, it shall ensure that the provisions of paragraph (1) of this Article are shall be applied to the extent necessary to ensure fair and equitable guarantee compensation in respect of their investment as specified under paragraph (2) to such investors of the other Contracting Party who are owners of those sharesshares or debentures.

Appears in 1 contract

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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 ▇▇▇▇▇ on interpretation of this article.

Appears in 1 contract

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment investments expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing an appropriate commercial rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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 1 contract

Sources: Investment Promotion and Protection Agreement

Expropriation. 1. Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or subjected otherwise subject to any other measures such as sequestration or confiscation having an 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 and against prompt, adequate and effective compensation. The expropriation shall be carried out on a non- discriminatory basis in accordance with law on legal procedures. Without prejudice to provisions of this paragraph, when a nondiscriminatory basis and against fair and equitable compensationdecision is made to expropriate the claims to money whose amount is being disputed in the legal procedure, that amount may be deemed not to have been expropriated until the final settlement is made. 2. Such compensation shall amount to the fair market value of the investment expropriated investments immediately before the expropriation was taken or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing the applicable commercial rate as agreed upon by both parties from the date of expropriation until the date of payment, payment and shall be made without unreasonable undue delay, be effectively realizable and be freely convertible and transferable. Where the fair market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, inter alia, depreciation of the capital invested, capital already repatriated, replacement value, goodwill and other relevant factors. 23. The investor 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 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 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

Sources: 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 nationalisatlon 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 nondiscriminatory now-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately Immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively affectively realizable and be freely transferabletransferable In a freely convertible currency. (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 Its case and of the valuation of his or 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 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 to such investors in respect of their investment to such investors of the other Contracting Party who are owners of those sharesinvestment.

Appears in 1 contract

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: 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 nondiscriminatory non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, . be effectively 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

Sources: Investment 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 nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Promotion and 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 nondiscriminatory basis non-discriminatory bas and against fair and equitable compensation. Such compensation :shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and, equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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 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 Owners of those shares.

Appears in 1 contract

Sources: Investment Protection Agreement

Expropriation. 1. Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or subjected otherwise subject to any other measures such as sequestration or confiscation having an 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 and against prompt, adequate and effective compensation. The expropriation shall be carried out on a non-discriminatory basis in accordance with law on legal procedures. Without prejudice to provisions of this paragraph, when a nondiscriminatory basis and against fair and equitable compensationdecision is made to expropriate the claims to money whose amount is being disputed in the legal procedure, that amount may be deemed not to have been expropriated until the final settlement is made. 2. Such compensation shall amount to the fair market value of the investment expropriated investments immediately before the expropriation was taken or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing the applicable commercial rate as agreed upon by both parties from the date of expropriation until the date of payment, payment and shall be made without unreasonable undue delay, be effectively realizable and be freely convertible and transferable. Where the fair market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, inter alia, depreciation of the capital invested, capital already repatriated, replacement value, goodwill and other relevant factors. 23. The investor 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 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 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

Sources: 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"Αexpropriation≅) in the territory of the other Contracting Party except for a public purpose in accordance with law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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"Aexpropriation÷) in the territory of the other Contracting Party except for a public purpose in accordance with law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 interest in accordance with law Law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, and shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: Investment Agreement

Expropriation. 1. Investments of investors of either Contracting The Party shall not be nationalised, expropriated expropriate or subjected to nationalize investments: of investors or take any measures having equivalent effect equivalent to nationalisation or expropriation and nationalization (hereinafter referred to as "expropriation") in its territory, except when the territory of the other Contracting Party except for measures are undertaken in order to protect public interests, on a public purpose non-discriminatory basis, in accordance with law on a nondiscriminatory basis due process of national legislation of the State of the receipt Party, and against fair accompanied by payment of prompt, adequate and equitable compensationeffective compensation in accordance with the national legislation of the State of the Party in which territory the expropriation was made. : 2. Such compensation shall amount correspond to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is publicly known. The amount shall be defined in accordance with standard principles of valuation. 3. The compensation should be effectively realizable and should be paid without any restriction or delay. The compensation shall also include the earlier, shall include interest at prevailing rate as agreed upon by both parties from the date of expropriation until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferablecalculated according to the national legislation of the State of the Party in which territory the investment has been expropriated. 24. The Without prejudice to Article 9 of this Agreement, the investor affected which investments are expropriated shall have a right, under the law right to a prompt review or assessment 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 his\its investments in accordance with the principles set out in this paragraph. The Contracting Article by judicial or other competent authorities of the State of the Party making in which territory the expropriation shall make every endeavour to ensure that such review is carried out promptlywas made. 3. Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its territory, and in which investors of the 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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 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

Sources: 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"Aexpropriation≅) in the territory of the other Contracting Party except for a public purpose in accordance with law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Protection Agreement

Expropriation. 1. Investments of investors of either Neither Contracting Party shall not be nationalisedin its territory take any measure of expropriation, expropriated nationalization or subjected to other measures having effect equivalent to nationalisation nationalization or expropriation (hereinafter referred to as "expropriation") in against the territory investment of investors of the other Contracting Party except unless the measures are taken for any purpose authorized by law, on a public purpose non- discriminatory basis, in accordance with law on a nondiscriminatory basis its laws and against fair compensation which shall be effectively realizable and equitable compensationshall be made without unreasonable delay. Such compensation shall, subject to the laws of each Contracting Party, be the value immediately before the expropriation. The compensation shall be freely convertible and transferable. Unless the law and practice of a Contracting Party provides otherwise, such compensation shall amount to the fair market value of the expropriated investments determined on the basis of the average market value for the same kind of investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, action was taken and shall include interest at prevailing the applicable commercial rate as agreed upon by both parties from the date of expropriation until the date of payment, payment and shall be made without unreasonable delay, be effectively realizable and be freely transferablerealizable. 2. The investor affected shall have a rightAny measure of expropriation or valuation may, under at the law request of the Contracting Party making the expropriationinvestors affected, to review, be reviewed 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 taking the expropriation shall make every endeavour to ensure that such review is carried out promptlymeasures in the manner prescribed by its laws. 3. Where a Contracting Party expropriates the assets of a company an entity which is incorporated or constituted under the law laws in force in any part of its territoryforce, and in which investors of the other Contracting Party own shares, 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 provide compensation in respect of their investment as specified therein to such investors of the other Contracting Party who are owners of o f those shares.

Appears in 1 contract

Sources: 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 nondiscriminatory non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever hichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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.

Appears in 1 contract

Sources: 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 nondiscriminatory non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became becomes public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Protection Agreement

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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, ; shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, and shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Bipa Agreement

Expropriation. (1. ) Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or otherwise subjected 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 on a nondiscriminatory basis purpose, and against fair prompt, adequate and equitable effective compensation. . (2) Such compensation shall amount to the fair market value of the investment expropriated investments immediately before the expropriation was taken or before the impending expropriation became public knowledge, whichever is the earlier, and shall include interest at prevailing the applicable commercial rate as agreed upon by both parties from the date of expropriation until the date of payment, payment and shall be made without unreasonable undue delay, be effectively realizable realisable and be freely transferable. In both expropriation and compensation, treatment not 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 the expropriation shall have a right, under the law of the Contracting Party making the expropriation, right to prompt 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 other Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptlyof their case. 3. (4) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its territorylaws and regulations, and in which investors of the other Contracting Party participate or own sharesshares or debentures, it shall ensure that the provisions of paragraph (1) of this Article are shall be applied to the extent necessary to ensure fair and equitable guarantee compensation in respect of their investment as specified under paragraph (2) to such investors of the other Contracting Party who are owners of those sharesshares or debentures.

Appears in 1 contract

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest Interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is Is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable 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

Sources: Bilateral Investment Agreement

Expropriation. 11 . 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interest, at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable. 22 . 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. 33 . 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 1 contract

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became becomes public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: Investment Protection 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 nondiscriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing a fair and equitable rate as agreed upon by both parties until the date of payment, shall be made without unreasonable delay, be effectively 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

Sources: 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 nondiscriminatory non-discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at prevailing the rate as agreed upon by both parties applicable in the territory of that Contracting Party until the date of payment, . shall be made without unreasonable delay, be effectively realizable and be freely transferable. (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

Sources: Investment Protection Agreement