Nationalisation or Expropriation Sample Clauses

Nationalisation or Expropriation. (a) Investments of either Contracting State or any of its investors shall not be nationalised or expropriated in the territory of the other Contracting State except for the public interest related to the internal needs of that State by due process of law for prompt, adequate and just compensation and on condition that such measures are taken on a non-discriminatory basis and in accordance with domestic laws of general application and are not contrary to any undertaking to the investor which that State may have given. (b) Such compensation shall amount to the actual value of the investment and shall be computed on the basis of the fair market value of the investment immediately prior to the point of time when the decision for nationalisation or expropriation was announced or became publicly known and shall be determined in accordance with other recognised principles of valuation in addition to market value in the host State. Where the market value cannot be readily ascertained, the compensation shall be determined on equitable principles taking into account, inter alia, the capital invested, depreciation, capital already repatriated, replacement value, goodwill and other relévant factors. In the event that payment of compensation is delayed, such compensation shall be paid in an amount which would put the investor in a position no less favourable than the position in which he would have been had the compensation been paid immediately on the date of expropriation or nationalisation. To achieve this goal the compensation shall include interest at the current LIBOR rate of interest from the date of nationalisation or expropriation until the date of payment. The amount of compensation finally determined shall be promptly paid to investors in freely convertible currencies and allowed to be freely repatriated without delay. Measures for the determination and payment of such compensation shall be made in an appropriate manner not later than at the moment of expropriation or nationalisation. (c) Where a Contracting State nationalises or expropriates the assets of a juridical person which is considered as its own juridical person pursuant to paragraph (2) of Article 1 of this Agreement and in which the other Contracting State or any of its investors owns shares, stocks, debentures or other rights or interest, it shall apply the provisions of paragraph (1) of this Article so as to ensure due compensation to this investor. (2) The provisions of paragraph (1) shall als...

Nationalisation or Expropriation. 1. Investments made under this Agreement shall not be subject to any measures which may limit, either permanently or temporarily, the right of ownership, possession, control or enjoyment of the investments, subject to applicable national or local legislation and to the provisions of the competent administrative and judicial authorities. 2. Investments and activities related to investments of investors of one of the Contracting Parties shall not be subject, de jure or de facto, directly or indirectly, to measures of nationalization, expropriation, requisition or any other similar measures, including measures affecting companies and property controlled by the investor in the territory of the other Contracting Party, except for reasons of public utility or national interest; in such case, immediate, full and effective payment of compensation shall be provided for, provided that such measures have been adopted on a non-discriminatory basis and in accordance with all legal provisions and procedures. 3. The appropriate amount of compensation shall be equivalent to the actual commercial value of the expropriated investment immediately prior to the time the decision to nationalize or expropriate was announced or made public. 4. In case of difficulty in establishing the actual commercial value, it shall be determined on the basis of internationally recognized valuation criteria. 5. The compensation shall be calculated in a convertible currency at the main exchange rate applicable on the date the decision to nationalize or expropriate was announced or made public and shall include interest calculated on the basis of the interbank rates from the date of nationalization or expropriation until the date of payment; it may be freely touched and transferred. 6. From the moment of its determination, the indemnity shall be paid without undue delay and in any case within one month. 7. If the object of expropriation is a joint venture company established in the territory of one of the two Contracting Parties, the compensation to be paid to the investor of a Contracting Party shall be calculated on the basis of the value of his participation in the joint venture company, in accordance with the relevant documents and on the basis of the same evaluation criteria provided for in paragraph 3 of this Article. 8. The nationals or companies of one of the two Contracting Parties who claim to have suffered expropriation of their investments or a part thereof shall be entitled to immedi...

Nationalisation or Expropriation. 1. Investments covered by this Agreement shall not be subjected to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, unless specifically provided for by current, national or local law and regulations and orders issued by Courts or Tribunals having jurisdictions. 2. Investments and the activities connected with an investment of investors of one of the Contracting Parties shall not be, de jure or de facto, directly or indirectly, nationalised, expropriated, requisitioned or subjected to any measures having an equivalent effect, including measures affecting companies and their assets controlled by the investor in the territory of the other contracting Party, except for public purpose or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions and procedures. 3. The just compensation shall be equivalent to the fair market value of the expropriated investment immediately prior to the moment in which the decision to nationalise or expropriate was announced or made public. Whenever there are difficulties in ascertaining the fair market value, it shall be determined according to the internationally acknowledged evaluation standards. Compensation shall be calculated in a convertible currency at the prevailing exchange rate applicable on the date on which the decision to nationalise or expropriate was announced or made public and shall include all financial returns according to the internationally recognised practices and methods, calculated from the date of nationalisation or expropriation to the date of payment. Compensation shall be freely collectable and transferable and, once determined, shall be paid without undue delay and in any case within three months. 4. In case the object of the expropriation is a joint-venture constituted in the territory of either Contracting Party, the compensation to be paid to the investor of a Contracting Party shall be calculated taking into account the value of the share of such investor in the joint-venture, in accordance with its relevant documents and adopting the same evaluations criteria referred to in paragraph 3 of this Article.paragraph 3 of this Article. 5. A national or company of either Contracting Party asserting that all or part of its investments has been expropriated shall enjoy the right...

Nationalisation or Expropriation. 1 . The investments to which this Agreement relates shall not be subject to any measure which might limit the right of ownership, possession, control or enjoyment of the investments, permanently or temporarily, save where specifically provided by current, national or local, legislation or regulations and orders handed down by courts or Tribunals having jurisdiction. 2 . Investments of investors of one of the Contracting Parties shall not be, "de jure" or "de facto", directly or indirectly, nationalised, expropriated, requisitioned or subjected to any measures having an equivalent effect in the territory of the other Contracting Party, except for public purposes or national interest and in exchange for immediate, full and effective compensation, and on condition that these measures are taken on a non-discriminatory basis and in conformity with all legal provisions and procedures. 3 . The just compensation shall be established on the basis of real international markets values immediately prior to the moment in which the decision to nationalise or expropriate is announced or made public. In the absence of an understanding between the host Contracting Party and the investor during the nationalisation, or expropriation procedure, compensation shall be based on the same reference parameters, and exchange rates, taken into account in the documents for the constitution of the investment. The exchange rate applicable to any such compensation shall be that prevailing on the date immediately prior to the moment in which the nationalisation or expropriation has been announced or made public. 4 . Without restricting the scope of the above paragraph, in case that the object of nationalisation, expropriation, or similar, is a company with foreign capital, the evaluation of the share of the investor will be, in the currency of the investment not lower than the starting value, increased by capital increases and revaluation of capital, undistributed profits and reserve funds, and diminished by the value of capital reductions and losses. 5 . Compensation will be considered as actual if it will have been paid in the same currency in which the investment has been made by the foreign investor, in as much as such currency is — or remains — convertible, or, otherwise, in any other currency accepted by the investor. 6 . Compensation will be considered as timely if it takes place without undue delay and, in any case, within two months. 7 . Compensation shall include interests calcu...

Nationalisation or Expropriation. 1. Investments made by investors of either Contracting Party shall not be nationalized or expropriated or subjected to measures having effects equivalent to expropriation or nationalisation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for public purpose, under due process, on a non-discriminatory basis and against payment of prompt, fair and adequate compensation. Such compensation shall be at least equal to the commercial value of the expropriated investments, and immediately before the expropriation, or before the expropriation decided upon is made public, whichever occurs first, such compensation shall bear interest at a normal commercial rate until the date of payment and shall be paid without delay and be effectively realisable. 2. An investor affected by expropriation shall have the right, within the framework of the domestic law of the contracting party which has decided on expropriation, to a prompt review of its case for the purpose of the evaluation of its investment by a court or other independent and impartial legal body of the latter contracting party, in accordance with the principles mentioned in paragraph 1 of this Article.

Nationalisation or Expropriation. (1) Investments of investors of either Contracting Party shall not be nationalised, expropriated or subjected to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as " expropriation") in the territory of the other Contracting Party except for a public purpose in accordance with law on a non- discriminatory basis and against fair and equitable compensation. Such compensation shall amount to the fair market value of the investment expropriated immediately before the expropriation or before the impending expropriation became public knowledge, whichever is the earlier, shall include interest at a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realizable and freely transferable in accordance with Article 7. Where the market value cannot be ascertained properly the compensation shall be determined in accordance with internationally recognised accounting principles. (2) The investor affected shall have right, under the law of the Contracting Party making the expropriation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out without unreasonable delay. (3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares. (4) The interpretation and/or implementation of this Article shall be in conformity with the annexed Protocol.

Nationalisation or Expropriation. The authority or ability of any Obligor to conduct its business is limited or wholly or substantially curtailed by any seizure, expropriation, nationalisation, intervention, restriction or other action by or on behalf of any governmental, regulatory or other authority or any other person or any Government Entity acquires (whether compulsorily or otherwise and whether or not for fair compensation) any Obligor or all or substantially all of that person's assets.

Nationalisation or Expropriation. 1. Without prejudice to what is provided for in Article 7 of that Convention, it is not allowed to nationalize investments of nationals and companies of one of the contracting parties or to expropriate or expropriate the subject to measures equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Party expropriation is not made for reasons of usefulness, if the expropriation is not made for the purpose of on a public and non-discriminatory basis, in return for a fair and effective compensation, effective and payable immediately. This compensation will have to cover the actual value of the investments immediately before the expropriation or before the expropriation is announced. It will include interests which will be calculated at the usual commercial rate up to the date of payment. It will be paid without delay with an availability of use and a guarantee of free transfer. 2. The citizen or company that has suffered damage as a result of the expropriation shall, in accordance with the laws of the contracting party that carried out the expropriation, have the right to an immediate review, by a judicial or independent body under the jurisdiction of that party, of the expropriation case and the valuation of the investments, affected by the expropriation, in accordance with the principles referred to in this paragraph. 3. If one of the two contracting parties expropriates the assets of a company created or constituted on the basis of the laws in force in the Member States. any part of its territory, and in which nationals or companies of the other Contracting Party own shares, the party which proceeds with the expropriation undertakes to apply, to the extent necessary, the provisions of paragraph 1 of this Article to ensure the granting of a immediate and fair compensation for the investments of nationals, and companies of the other Contracting Party which hold the shares of action generated.

Nationalisation or Expropriation. 1. Investments made by investors of one Contracting Party in the territory of the other Contracting Party shall not be nationalized or expropriated or subjected to any other measures having equivalent effect (hereinafter referred to as "expropriation"). except for a public purpose or social interest and in accordance with due process of law, and provided that such measures are not discriminatory and are accompanied by the payment of prompt, effective and adequate compensation. 2. The compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation or before its publicly known is imminent, whichever is the earlier (hereinafter referred to as the "valuation date"). 3. The market value shall be calculated in a freely convertible currency at the rate of exchange in effect on the market for that currency on the valuation date. the compensation shall include commercial interest at a rate established on a basis for the currency market from the date of expropriation until the date of payment; compensation will be built without delay, be effectively realizable and freely transferable. The affected investor shall have a right under the law of the contracting party making the expropriation, to prompt review of its case by a judicial or other competent and independent authority of that Contracting Party to determine whether the expropriation and the valuation of the investment has been made in accordance with the principles set out in this article.

Nationalisation or Expropriation. (a) Investments of either Contracting State or any of its investors shalle not be subject to sequestration, confiscation or any similar measures in the territory or maritime zones of the other Contracting State save with the order of a court of competent jurisdiction in commercial and civil matters issued in accordance with laws in force. (b) Investments of either contracting state or any of its investors shall not be nationalised, expropriated or subjected to any other measures of dispossession, direct or indirect or having effect equivalent to nationalisation or expropriation in the territory or maritime zones of the other Contracting State except for a public purpose in the national interest of that State, and then only against prompt, adequate and just compensation and on condition that such measures are taken on a non- discriminatory basis and in accordance with domestic laws of general application. (c) Such compensation shall represent the real value of the investment concerned and shall be computed on the basis of the market value of the of the investment immediately prior to the point of time when the decision for expropriation, nationalisation or dispossession was announced or became publicly known and shall be determined in accordance with recognised principles of valuation such as market value. Where the market value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and on equitable principles taking into account, inter alia, the capital invested, natural and site of investment, depreciation, capital already repatriated, replacement value and other relevant factors. The compensation shall include interest at the current LIBOR rate of interest from the date of nationalisation, dispossession or expropriation until the date of payment. The determination of the compensation, in the absence of agreement being reached between the investor and the host state, shall be referred to the settlement procedures in accordance with Article 9 of this Agreement. The compensation as finally determibed shall be promptly paid and repatriated without delay. (d) Where a Contracting State nationalises or expropriates the assets of a company, firm, or other business association or business concern, which is established or licensed, under the law in force, in its territory or maritime zones and in which the other Contracting State or any of its investors owns shares, stocks, debentures or ...