Common use of Compensation for Expropriation Clause in Contracts

Compensation for Expropriation. 1. No investment or any Part of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or subjected to any other measure or series of measures, direct or indirect tantamount to expropriation (including the levying of taxation, the compulsory sale of all or part of an investment, or the impairment or deprivation of its management, control or economic value), all such actions hereinafter referred to as "expropriation", unless the expropriation: (a) is done for a public purpose; (b) is accomplished under due process of law; (c) is not discriminatory; (d) does not violate any specific provision on contractual stability or expropriation contained in an investment agreement between the national or company concerned and the Party making the expropriation; and (e) is accompanied by prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the investment. The calculation of such compensation shall not reflect any reduction in such fair market value due to either prior public notice or announcement of the expropriatory action, or the occurrence of the events that constituted or resulted in the expropriatory action. Such compensation shall be paid promptly, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current international rates, and shall be freely transferable, in accordance with the provisions of Article V, at the prevailing market rate of exchange on the date of expropriation. 2. If either Party expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly own, hold or have other rights with respect to the equity of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to the dispute settlement provisions of any applicable agreement, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, so, whether such expropriation, and any compensation therefor, conforms to the principles of international law as set forth in this Article.

Compensation for Expropriation. 1. No investment or any Part part of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or by -a subdivision thereof-or subjected to any other measure or series of measuresmeasure, direct or indirect indirect, if the effect of such other measure, or a series of such other measures, would be tantamount to expropriation or nationalization (including the levying of taxation, the compulsory sale of all or part of an investment, or the impairment or deprivation of its management, control or economic value)expropriations, all nationalizations and all such actions other measures hereinafter referred to as "expropriation", unless expropriation")-unless the expropriation: (a) is Is done for a public purpose; (b) is Is accomplished under due process of law; (c) is Is not discriminatory; (d) does not violate any specific provision on contractual stability or expropriation contained in an investment agreement between the national or company concerned Is accompanied by prompt and the Party making the expropriationadequate compensation, freely realizable; and (e) is accompanied by prompt, adequate and effective compensationDoes not violate any specific contractual engagement. Compensation shall be equivalent to the fair market value of the investmentexpropriated investment on the date of expropriation. The calculation of such compensation shall not reflect any reduction in such fair market value due to either prior public notice or announcement of the expropriatory action, or the occurrence of the events that constituted or resulted in the expropriatory action. Such compensation shall include payments for delay as may be paid promptly, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current considered appropriate under international rateslaw, and shall be freely transferable, in accordance with the provisions of Article V, transferable at the prevailing market rate of exchange for current transactions on the date of expropriationthe expropriatory action. 2. If either Party or a subdivision thereof expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly indirectly, own, hold or have other rights with respect to the equity equity-of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to Except as otherwise provided in an agreement between the dispute settlement provisions Parties, or between a Party and a national or company of any applicable agreementthe other Party, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, so, whether such expropriation, if and any compensation thereforthereof, conforms to the principles principals of international law as set forth in this Articlelaw.

Compensation for Expropriation. 1. No investment or any Part part of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or subjected to any other measure or series of measures, direct or indirect indirect, tantamount to expropriation (including the levying of taxation, the compulsory sale of all or part of an investment, or the impairment or deprivation of its management, control or economic value), all such actions measures hereinafter referred to as "expropriation", ," unless the expropriation:; (a) is done for a public purpose; (b) is accomplished under due process of law; (c) is not discriminatory; (d) does not violate any specific provision on contractual stability or any specific provision on expropriation contained in an investment agreement between the national or company concerned and the Party making the expropriationexpropriations; and (e) is accompanied by prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the expropriated investment. The calculation of such compensation shall not reflect any reduction in such fair market value due do to either prior public notice or of announcement of the expropriatory action, or the occurrence of the events that constituted constitute or resulted in the expropriatory action. Such compensation shall be paid promptlywithout delay, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current international ratescommercially reasonable rate, and shall be freely transferable, in accordance with the provisions of Article V, transferable at the prevailing market rate of exchange on the date of expropriation. 2. If either Party expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly indirectly, own, hold or have other rights with respect to the equity of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to the dispute settlement provisions of any applicable agreement, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation therefor, conforms to the principles provisions of international law as set forth in this Articlethe present Treaty.

Compensation for Expropriation. 1. No investment or any Part party of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or a political or administrative subdivision thereof or subjected to any other measure or series of measuresmeasure, direct or indirect tantamount to expropriation (including including, for example, the levying of taxation, the compulsory sale of all or part of such an investment, or the impairment or deprivation of its management, control or economic valuevalue of such an investment by the national or company concerned), if the effect of such other measure, or a series of such other measures, would be tantamount to expropriation or nationalization (all expropriations, all nationalizations and all such actions other measures hereinafter referred to as "expropriation", ) unless the expropriation: (a) is done for a public purpose; (b) is accomplished under due process of law; (c) is not discriminatory; (d) is accompanied by prompt and adequate compensation, freely realizable; and (e) does not violate any specific provision on contractual stability or expropriation contained in an investment agreement between the national or company concerned and the Party making the expropriation; and (e) is accompanied by prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the investmentexpropriated investment on the date of expropriation. The calculation of such compensation shall not reflect any reduction in such fair market value due to either prior public notice or announcement of the expropriatory action, or the occurrence of the events that constituted or resulted in the expropriatory action. Such compensation shall include payments for delay as may be paid promptly, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current considered appropriate under international rateslaw, and shall be freely transferable, in accordance with the provisions of Article V, transferable at the prevailing market rate of exchange for current transactions on the date of expropriationthe expropriatory action. 2. If either Party or a political or administrative subdivision thereof expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly indirectly, own, hold or have other rights with respect to the equity of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to Except as otherwise provided in an agreement between the dispute settlement provisions Parties, or between a Party and a national or company of any applicable agreementthe other Party, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation thereforthereof, conforms to the principles of international law as set forth in this Article.

Compensation for Expropriation. 1. No investment or any Part part of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or subjected to any other measure or series of measures, direct or indirect tantamount to expropriation (including the levying of taxation, the compulsory sale of all or part of an investment, investment or the impairment or deprivation of its management, control or economic value), all such actions hereinafter referred to as "expropriation", unless the expropriation: (a) is a. Is done for a public purpose; (b) is b. Is accomplished under due process of law; (c) is c. Is not discriminatory; (d) does d. Does not violate any specific provision on contractual stability or expropriation contained in an investment agreement between the national or company concerned and the Party making the expropriation; , and (e) is e. Is accompanied by prompt, adequate and effective compensation. Compensation shall will be equivalent to the fair market value of the investment, as determined according to different methods of calculation as appropriate in each specific case. The calculation of such compensation shall not reflect any reduction in such of the fair market value due to either prior by reason of previous public notice knowledge or announcement of the expropriatory action, expropriation or the occurrence of the events that constituted or resulted measures resulting in the expropriatory actionan expropriation. Such compensation shall be paid promptly, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current international rates, and shall be freely transferable, in accordance with the provisions of Article V, transferable at the prevailing official market rate of exchange on the date of expropriation. 2. If either Party expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly indirectly, own, hold or have other rights with respect to the equity of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to the dispute settlement provisions of any applicable agreement, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, if so, whether such expropriation, and any compensation therefor, conforms to the principles of international law as set forth in this Article.

Compensation for Expropriation. 1. No investment or any Part part of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or by -a subdivision thereof-or subjected to any other measure or series of measuresmeasure, direct or indirect indirect, if the effect of such other measure, or a series of such other measures, would be tantamount to expropriation or nationalization (including the levying of taxation, the compulsory sale of all or part of an investment, or the impairment or deprivation of its management, control or economic value)expropriations, all nationalizations and all such actions other measures hereinafter referred to as "expropriation", unless expropriation")-unless the expropriation: (a) is done for a public purpose; (b) is accomplished under due process of law; (c) is not discriminatory; (d) does not violate any specific provision on contractual stability or expropriation contained in an investment agreement between the national or company concerned is accompanied by prompt and the Party making the expropriationadequate compensation, freely realizable; and (e) is accompanied by prompt, adequate and effective compensationdoes not violate any specific contractual engagement. Compensation shall be equivalent to the fair market value of the investmentexpropriated investment on the date of expropriation. The calculation of such compensation shall not reflect any reduction in such fair market value due to either prior public notice or announcement of the expropriatory action, or the occurrence of the events that constituted or resulted in the expropriatory action. Such compensation shall include payments for delay as may be paid promptly, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current considered appropriate under international rateslaw, and shall be freely transferable, in accordance with the provisions of Article V, transferable at the prevailing market rate of exchange for current transactions on the date of expropriationthe expropriatory action. 2. If either Party or a subdivision thereof expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly indirectly, own, hold or have other rights with respect to the equity equity-of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to Except as otherwise provided in an agreement between the dispute settlement provisions Parties, or between a Party and a national or company of any applicable agreementthe other Party, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, so, whether such expropriation, if and any compensation thereforthereof, conforms to the principles principals of international law as set forth in this Articlelaw.

Compensation for Expropriation. 1. No investment or any Part of an investment of a national or a company of either Party shall be expropriated or nationalized by the other Party or subjected to any other measure or series of measures, direct or indirect tantamount to expropriation (including the levying of taxation, the compulsory sale of all or part of an investment, or the impairment or deprivation of its management, control or economic value), all such actions hereinafter referred to as "expropriation", unless the expropriation: (a) is Is done for a public purpose; (b) is Is accomplished under due process of law; (c) is Is not discriminatory; (d) does Does not violate any specific provision on contractual stability or expropriation contained in an investment agreement between the national or company concerned and the Party making the expropriation; and (e) is Is accompanied by prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the investment. The calculation of such compensation shall not reflect any reduction in such fair market value due to either prior public notice or announcement of the expropriatory action, or the occurrence of the events that constituted or resulted in the expropriatory action. Such compensation shall be paid promptly, shall be effectively realizable, shall bear current interest from the date of the expropriation at a rate equivalent to current international rates, and shall be freely transferable, in accordance with the provisions of Article V, at the prevailing market rate of exchange on the date of expropriation. 2. If either Party expropriates the investment of any company duly incorporated, constituted or otherwise duly organized in its territory, and if nationals or companies of the other Party, directly or indirectly own, hold or have other rights with respect to the equity of such company, then the Party within whose territory the expropriation occurs shall ensure that such nationals or companies of the other Party receive compensation in accordance with the provisions of the preceding paragraph. 3. Subject to the dispute settlement provisions of any applicable agreement, a national or company of either Party that asserts that all or part of its investment in the territory of the other Party has been expropriated shall have a right to prompt review by the appropriate judicial or administrative authorities of such other Party to determine whether any such expropriation has occurred and, so, whether such expropriation, and any compensation therefortherefore, conforms to the principles of international law as set forth in this Article.