Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate provided by the law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph. 2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 30 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement, Investment Agreement
Expropriation. 11 . Investments of investors of either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs purpose. The expropriation shall be carried out under due process of that Contracting Party law, on a non- non-discriminatory basis and against shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate provided by the law of that Contracting Party until from the date of paymentexpropriation, shall be made without delay, be effectively realizable and be freely transferabletransferable in freely convertible currency.
2 . The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, investment in accordance with the principles set out in this paragraphArticle.
23 . Where The provisions of paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors of the other Contracting Party own shares.paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 11 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interestat at the applicable rate as provided by the law of by that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 6 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected subject to measures having effect equivalent to nationalization or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs purpose. The expropriation shall be carried out under due process of that Contracting Party law, on a non- discriminatory basis and against shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate provided by the law of that Contracting Party until from the date of paymentexpropriation, calculated on the basis of reasonable commercial rate, shall be made without delay, be effectively realizable and be freely transferabletransferable in freely convertible currency.
2. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, investment in accordance with the principles set out in this paragraphArticle.
23. Where The provisions of paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors of the other Contracting Party own shares.paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 6 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable rate provided by the law of that Contracting Party Party, until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement, Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriationtexpropriation") in in-the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before pefore the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate as provided by the law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt reviewceview, 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 aceordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Expropriation. (1. ) Investments of investors nationals or companies of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate fair and effective compensation. Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, and shall include interest at the a normal commercial rate provided by the law of that Contracting Party until the date of payment, . The payment shall be made without delay, be effectively realizable and be freely transferable. The investors national or company affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other competent and independent authority having jurisdiction under the law 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.
(2. ) Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors nationals or companies of the other Contracting Party own shares, or other ownership rights, it compensation shall ensure that be paid in accordance with the provisions of paragraph (1) of this Article are applied to the extent necessary company whose assets are expropriated so as to guarantee permit the said nationals or companies to receive from the company prompt, adequate fair and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs of that Contracting Party in accordance with law on a non- non-discriminatory basis and against prompt, adequate fair and effective equitable compensation. Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at a normal commercial rate for current transactions from the rate provided by the law date of that Contracting Party expropriation until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
2. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, 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.
23. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own 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) 1 of this Article are applied to the extent necessary to guarantee prompt, adequate ensure fair and effective compensation, equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rightsshares.
Appears in 2 contracts
Samples: Bilateral Investment Treaty, Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable rate provided by the law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (21(3), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Expropriation. (1. ) Investments of made by investors of either one Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having having, directly or indirectly, effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting PartyParty , except unless the following conditions are complied with:
(a) the expropriation is taken in the public interest and under due process of law;
(b) the expropriation is distinct and not discriminatory;
(c) the expropriation is accompanied by provisions for a public purpose related to the internal needs payment of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation, which shall be transferable without delay in a freely convertible currency. Such compensation shall amount to the fair market value of the expropriated investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, knowledge and shall include interest at the rate provided by the law of that Contracting Party until from the date of paymentexpropriation.
(2) The provisions of paragraph (1) of this Article shall also apply to the returns from an investment as well as, in the event of liquidation, to the proceeds from the liquidation.
(3) The investor whose investment was expropriated, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, the right under the law of the expropriation Contracting Party making the expropriation, to prompt review, review by a judicial or other independent competent authority of that Contracting Party, Party of his or its case and of the valuation of his or its investment, investment in accordance with the principles set out in paragraphs (1) and (2) of this paragraphArticle.
2. (4) Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rightsshall be applied.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expropriation. (1. ) Investments of investors nationals or companies of either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs purpose. The expropriation shall be carried out under due process of that Contracting Party law, on a non- non-discriminatory basis and against shall be accompanied by the provision for the payments of prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate provided by the law of that Contracting Party until from the date of paymentexpropriation, shall be made without delay, be effectively realizable and be freely transferable. The investors national or company affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, investment in accordance with the principles set out in this paragraph.
(2. ) Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors nationals or companies of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, compensation in respect of their investment to such investors nationals or companies of the other Contracting Party who are owners of those shares or other ownership rightsshares.
Appears in 2 contracts
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable rate provided by the law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (21(3), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs of that Contracting Party in accordance with law on a non- discriminatory nondiscriminatory basis and against prompt, adequate fair and effective equitable compensation. Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at a normal commercial rate for current transactions from the rate provided by the law date of that Contracting Party expropriation until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
2. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, 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.
23. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own 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) 1 of this Article are applied to the extent necessary to guarantee prompt, adequate ensure fair and effective compensation, equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rightsshares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of investors nationals or companies of either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs policies of that Contracting Party party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the prevalent commercial rate provided by the law of that Contracting Party until the date of payment, shall be made without delay, and shall be effectively realizable realisable and be freely transferable. The investors national or company affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that the Contracting PartyParty making the expropriation, 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.
(2. ) Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors nationals or companies of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, compensation in respect of their investment to such investors nationals or companies of the other Contracting Party who are owners of those shares or other ownership rightsshares.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. , Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable rate provided by the law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in 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 guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having effect equivalent to nationalization nationalisation or expropriation (hereinafter: "hereinafter referred to as “expropriation"”) in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs of that Contracting Party in accordance with law on a non- discriminatory nondiscriminatory basis and against prompt, adequate fair and effective equitable compensation. Such compensation shall amount to the market genuine value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at a normal commercial rate for current transactions from the rate provided by the law date of that Contracting Party expropriation until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
2. The investors investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, 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.
23. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own 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) 1 of this Article are applied to the extent necessary to guarantee prompt, adequate ensure fair and effective compensation, equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rightsshares.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate as provided by law, or as customary by the law of that Contracting Party making the expropriation, whichever is applicable, until the date of payment, shall be made without delay, be effectively realizable and arid be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt 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.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. 11 . Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the rate as provided by the law of that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
22 . Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. 1. Investments of investors of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: "expropriation") in the territory of the other Contracting Party, except for a public purpose related to the internal needs of that Contracting Party on a non- non-discriminatory basis and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest interestat at the applicable rate as provided by the law of by that Contracting Party until the date of payment, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment, in accordance with the principles set out in this paragraph.
2. Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (23), which is incorporated or constituted under the law in force in its territory and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rights.
Appears in 1 contract
Samples: Investment Protection Agreement
Expropriation. (1. ) Investments of made by investors of either one Contracting Party shall not be nationalizednationalised, expropriated or subjected to measures having having, directly or indirectly, effect equivalent to nationalization nationalisation or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, except unless the following conditions are complied with:
(a) The expropriation is taken in the public interest and under due process of law;
(b) The expropriation is distinct and not discriminatory;
(c) The expropriation is accompanied by provisions for a public purpose related to the internal needs payment of that Contracting Party on a non- discriminatory basis and against prompt, adequate and effective compensation, which shall be transferable without delay in a freely convertible currency. Such compensation shall amount to the fair market value of the expropriated investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, knowledge and shall include interest at the rate provided by the law of that Contracting Party until from the date of paymentexpropriation.
(2) The provisions of paragraph (1) of this Article shall also apply to the returns from an investment as well as, in the event of liquidation, to the proceeds from the liquidation.
(3) The investor whose investment was expropriated, shall be made without delay, be effectively realizable and be freely transferable. The investors affected shall have a right, the right under the law of the expropriation Contracting Party making the expropriation, to prompt review, review by a judicial or other independent competent authority of that Contracting Party, Party of his or its case and of the valuation of his or its investment, investment in accordance with the principles set out in paragraphs (1) and (2) of this paragraphArticle.
2. (4) Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, in respect of their investment to such investors of the other Contracting Party who are owners of those shares or other ownership rightsshall be applied.
Appears in 1 contract
Samples: Investment Agreement
Expropriation. (1. Investments ) Investment of investors nationals or companies of either Contracting Party shall not be nationalized, expropriated or subjected to measures having effect equivalent to nationalization or expropriation (hereinafter: hereinafter referred to as "expropriation") in the territory of the other Contracting Party, Party except for a public purpose related to the internal needs policies of that Contracting Party the party on a non- discriminatory basis bases and against prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment investments expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at the prevalent commercial rate provided by the law of that Contracting Party until the date of payment, shall be made without delay, and shall be effectively realizable and be freely transferable. The investors national or company affected shall have a right, under the law of the Contracting Party making the expropriation, expropriation to prompt review, by a judicial or other independent authority of that the Contracting PartyParty making the expropriation, 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.
(2. ) Where a Contracting Party expropriates the assets of a company, within the meaning of Article 1 (2), company which is incorporated or constituted under the law in force in any part of its territory own territory, and in which investors nationals or companies of the other Contracting Party own shares, or other ownership rights, it shall ensure that the provisions of paragraph (1) of or this Article are applied to the extent necessary to guarantee prompt, adequate and effective compensation, compensation in respect of their investment investments to such investors nationals or companies of the other Contracting Party who are owners owner of those shares or other ownership rightsshares.
Appears in 1 contract
Samples: Investment Protection Agreement