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. The expropriation shall be carried out under due process of law, an a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 . The investor affected shall have a right, 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 Article. 3 . The provisions of 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.

Appears in 9 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

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Expropriation. 1 . Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 . The investor affected shall have a right, 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 Article. 3 . The provisions of 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 is owned wholly or partly by investors of the other Contracting Party.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 sharesterritory, and which is owned wholly or partly by investors of the other Contracting Party.

Appears in 9 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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 is owned wholly or partly by investors of the other Contracting Party own sharesParty.

Appears in 5 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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 purposepurpose as established by law. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest at market rate from the date of expropriation, expropriation to the date of payment and shall be made without delay, be effectively realizable and be freely transferable in a freely convertible currency. 2 2. The investor affected shall have a right, 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 in accordance with the principles set out in this Article. 3 3. The provisions of 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. The compensation is due to the company and may be paid in local currency as well. 4. The provisions of this Article shall also apply to the returns from an investment.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-non discriminatory basis and 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 inmediately before expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable trasnferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 3 contracts

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

Expropriation. 1 1. Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or otherwise subjected to any other measures 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 purposepurpose and against prompt, adequate and effective compensation. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and shall be accompanied by provisions for the payment in accordance with due process of prompt, adequate and effective compensationlaw. 2. Such compensation shall amount to the fair market value of the investment expropriated investments immediately before expropriation was taken or before impending expropriation became public knowledge, whichever is the earlier. It shall include interest based on the applicable commercial rate from the date of expropriation, dispossession of the expropriated property until the date of payment and shall be made without undue delay, be effectively realizable and be freely transferable in freely convertible currencytransferable. In both expropriation and compensation, treatment no less favourable than that which the Contracting Party accords to its own investors or to investors of any third State shall be accorded. 2 3. The investor Investors of one Contracting Party affected by expropriation shall have a right, right to 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 Article. 3 . The provisions of 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.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Expropriation. 1 1. Investments of investors of either Contracting Party shall not be nationalisednationalized, expropriated or subjected to measures having effect effects equivalent to nationalisation nationalization or expropriation (expropriation-hereinafter referred to as "expropriation") expropriation"- in the territory of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, shall be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, right 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 Article. 3 3. The provisions of 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.

Appears in 3 contracts

Samples: Investment Promotion and Protection Agreement, Agreement on the Promotion and Reciprocal Protection of Investments, Investment Protection Agreement

Expropriation. 1 . (1) Investments of investors of either one Contracting Party shall not be nationalisednationalized, expropriated or otherwise subjected to any other measures 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 purposepurposes and against prompt, adequate and effective compensation. The expropriation shall be carried out under due process of law, an on a non-non- discriminatory basis and shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. in accordance with applicable legal procedures. (2) Such compensation shall amount to the fair market value of the investment expropriated investments immediately before expropriation was taken or before the impending expropriation became become public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate from the date of expropriation, expropriation until the date of payment and shall be made without undue delay, be effectively realizable and be freely transferable in freely convertible currencytransferable. In both cases of expropriation and compensation, treatment no less favourable than that which the Contracting Party accords to its own investors or to investors of any third State shall be accorded, whichever is more favourable to investors. 2 . The investor (3) Investors of one Contracting Party affected by expropriation shall have a right, right to prompt review, review by a judicial or other independent authority of that the other Contracting Party, of his or its their case in relation to the execution of the expropriation decision and of to the valuation of his or its investment their investments in accordance with the principles set out in this Article. 3 . The provisions of 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.

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 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis bases and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 . The investor affected shall have a right, right to prompt review, review by a judicial or other independent authority of that Contracting Party, of his or its case and Party of the valuation of his or its investment in accordance with the principles set out in this Article. 3 . The provisions of paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets of a company which is constituted or incorporated or constituted under the law laws in force in any part of its own territory, and in which is owned wholly or partly by investors of the other Contracting Party.paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets of a company which is constituted or incorporated under the laws in force in any part of its own sharesterritory, and which is owned wholly or partly by investors of the other Contracting Party.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 . Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currencycurrency without unjustified delay, otherwise it shall include interest. 2 . The investor affected shall have a right, 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 Article. 3 . The provisions of 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.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in a freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 . (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having which have an effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purposepurpose related to the internal needs of that Party. The expropriation shall be carried out under due process of law, an a in accordance with laws which contain clearly defined and non-discriminatory basis measures, and shall be accompanied by provisions for the payment of 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 earlier, shall include interest from at LIBOR until the date of expropriationpayment, shall be made without delay, be effectively realizable realisable and be freely transferable in freely convertible currency. 2 transferable. The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, review by a competent judicial or other independent authority of that Contracting Party, Party of his or its case and of the valuation of his or its investment in accordance with the principles set out in this Articleparagraph. 3 . The provisions of paragraph 1 of this Article shall also apply where (2) 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 sharesparticipate, the provisions of paragraph 1 of this Article shall apply.paragraph 1 of this Article shall apply.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory nondiscriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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 is owned wholly or partly by investors of the other Contracting Party own sharesParty.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. 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. The expropriation shall be carried out ", under due process of law, an on a non-discriminatory basis and shall be provided that it is 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 expropriation the expropriatory action was taken or impending expropriation became public knowledge, whichever is the earlier, shall include interest from the date of expropriation, expropriation at a normal commercial rate and shall be made without undue delay, be effectively realizable and be freely transferable in freely convertible currencytransferable. 2 . (2) The investor affected of one Contracting Party claiming that all or part of his or its investment has been expropriated shall have a right, right to prompt review, review by a judicial or other independent authority of that the other Contracting 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 Article. 3 . The provisions of paragraph 1 of this Article shall also apply where (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 territorylaws and regulations, and in which investors of the other Contracting Party own sharesshares or other forms of participation, the provisions of paragraphs (1) and (2) of this Article shall apply.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an purpose in accordance with law on a non-discriminatory basis and basis. Such measure shall be accompanied by provisions for the payment of prompt, adequate fair and effective compensationequitable compensation without undue delay. 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 from at a fair and equitable rate until the date of expropriationpayment, shall be made without unreasonable delay, be effectively realizable and be freely transferable in freely convertible currencytransferable. 2 2. The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial authority 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 Articlethe paragraph above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out expeditiously. 3 3. The provisions of paragraph 1 of this Article shall also apply 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 the investment to such investors of the other Contracting Party who are owners of those shares.

Appears in 2 contracts

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

Expropriation. 1 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 expropriation")in the territory of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest at a normal commercial rate from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-non- discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an . on a non-discriminatory basis and shall be accompanied by provisions for the payment of prompt, adequate adequate, and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before expropriation or impending expropriation became public knowledge, shall include interest (LIBOR) from the date of expropriation, shall be made without delay, be effectively realizable realisable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, to prompt reviewrenew, 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 Article. 3 3. The provisions of paragraph 1 of this Article shall also apply where a Contracting Party 7 expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, territory and in which investors of the other Contracting Party Partv own shares.

Appears in 2 contracts

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

Expropriation. 1 . 1- Investments of by investors of either Contracting Party shall not be nationalisedenjoy full protection and security in the territory of the other Contracting Party. 2- Neither Contracting Party shall expropriate, expropriated nationalize or subjected to take similar measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory against investments of investors of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of lawin its territory, an a non-discriminatory basis and shall be accompanied by provisions unless the following conditions are met: a) for the payment of prompt, adequate and effective public interest; b) under domestic legal procedure; c) without discrimination; d) against compensation. . 3- Such compensation shall amount be equivalent to the market value of the expropriated investment expropriated immediately before expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, on which the expropriation has become publicly known. The compensation shall be made paid without delay, delay and shall carry the usual bank interest until the time of payment; it shall be effectively realizable and freely transferable. Provisions shall have been made in an appropriate manner at, or prior to, the time of expropriation for the determination and payment of such compensation. The legality of any such expropriation and the amount of compensation shall be freely transferable in freely convertible currencysubject to review under the domestic legal procedures. 2 . The investor affected shall have a right, 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 Article. 3 . 4- The provisions of paragraph 1 3 of this Article shall also apply where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law laws in force in any part of its own territory, territory and in which investors of the other Contracting Party own shares.

Appears in 2 contracts

Samples: Bilateral Investment Treaty, Investment Protection Agreement

Expropriation. 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 purposeinterest. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall be paid in the currency in which the investment was made or in any other currency acceptable to the investor and shall amount to the fair market value of the investment expropriated immediately before the expropriation or the impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, delay and shall be effectively realizable and be freely transferable in freely convertible currencytransferable. 2 2. The investor affected shall have a right, right to prompt review, by a judicial or other independent authority of that Contracting Party, Party of his or its case and of the valuation of his or its investment in accordance with the principles set out in this Article. 3 3. The provisions of paragraph 1 of this Article shall also apply where a Contracting Party expropriates the assets asscts 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.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Expropriation. 1 1. Investments of investors of either Contracting Party both parties hereof shall not be nationalisednationalized, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (( hereinafter referred to as "expropriation") in the territory of the other Contracting Party party hereof except for a public purpose. The expropriation shall be carried out under due process of law, an on a non-non- discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, to prompt review, by a judicial or other independent authority of that Contracting Party, of party thereof related to his or its case and of relation to the valuation of his or its investment in accordance with the principles set out in this Article. 3 3. The provisions of paragraph Paragraph 1 of this Article shall also apply where a Contracting Party party hereof 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 party hereof own shares.Paragraph 1 of this Article shall also apply where a party hereof 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 party hereof own shares.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable trasferable in freely convertible currency. 2 2. The investor affected shall have a right, right 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 Article. 3 3. The provisions of 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.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.

Appears in 1 contract

Samples: Investment Protection Agreement

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Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable trasferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 . Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before expropriation or impending expropriation became public knowledgeknowledge in such a way to effect the value of the investment, whichever is the earlier. The compensation shall include interest at a commercially reasonable rate for current transaction, from the date of expropriation, expropriation to the date of payment and shall be made without delay, delay to the country designated by the claimants concerned. It shall be effectively realizable and be freely transferable in a freely convertible currency. 2 . The investor affected shall have a right, under the law of the Contracting Party making the expropriation to prompt review, by a judicial or other independent authority of that Contracting Party, concerning the legality of his or its case case, its process and of the valuation of his or its investment in accordance with the principles set out in this Article. 3 . The provisions of 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. The compensation has to be paid to the company. 4 . The provisions of this Article shall also apply to the returns from an investment.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable trasferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-non — discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without undue delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions provision of 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, territory and in which investors of the other Contracting Party own shares.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 1. Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected subject 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 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. The expropriation shall be carried out under due process of law, an on a non-non- discriminatory basis and shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before expropriation or before impending expropriation became public knowledge, whichever is the earlier, shall include interest at the applicable commercial rate from the date of expropriation, expropriation until the date of payment and shall be made without undue delay, be effectively realizable and be freely transferable in a freely convertible currency. 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 . (2) The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Contracting Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this Article. 3 . The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 1. Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected subject 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. The expropriation shall be carried out under due process of law, an on a non-non- discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 1. Investments of investors of either Contracting Party shall not be nationalisednationalized, 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and shall be accompanied by provisions for the payment of prompt, adequate and effective compensation. Such compensation such compensation shall amount to the market value of the investment expropriated immediately before expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in a freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an on a non-discriminatory basis and 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 expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currency. 2 2. The investor affected shall have a right, 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 Article. 3 3. The provisions of 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.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.

Appears in 1 contract

Samples: Investment Protection Agreement

Expropriation. 1 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. The expropriation shall be carried out under due process of law, an purpose in accordance with law on a non-discriminatory basis and basis. Such measure shall be accompanied by provisions for the payment of prompt, adequate fair and effective compensationequitable compensation without undue delay. 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 from at a fair and equitable rate until the date of expropriationpayment, shall be made without unreasonable delay, be effectively realizable and be freely transferable in freely convertible currencytransferable. 2 2. The investor affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial authority 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 Articlethe paragraph above. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out expeditiously. 3 3. The provisions of paragraph 1 of this Article shall also apply 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 the investment to such investors of the other Contracting Party who are owners of those shares.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Expropriation. 1 . (1) Investments of investors nationals or companies of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose. The expropriation shall be carried out under due process of law, an a on non-discriminatory basis and shall be accompanied by provisions the provision for the payment payments of prompt, adequate and effective compensation. Such compensation shall amount to the market value of the investment expropriated immediately before expropriation or impending expropriation became public knowledge, shall include interest from the date of expropriation, shall be made without delay, be effectively realizable and be freely transferable in freely convertible currencytransferable. 2 . The investor affected shall have a right, 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 Article. 3 . The provisions of paragraph 1 of this Article shall also apply where (2) 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 nationals or companies 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 guarantee prompt, adequate and effective compensation in respect of their investment to such nationals or companies of the other Contracting Party who are owners of those shares.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

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