ARTICLE 5
Expropriation
(1)
Investors of either
Contracting Party shall not be
deprived of their investments nor subjected to any measures having
effect equivalent to such deprivation or limiting the enjoyment of
the investment in the area of the other Contracting Party except
lawfully, on a non discriminatory basis, for a public purpose
related to the internal needs of that Party, and against
compensation. Such compensation shall amount to the real value of
the investment immediately before the deprivation or before the
impending deprivation became public knowledge whichever is the
earlier. Where that value cannot be readily ascertained, the
compensation shall be determined in accordance with generally
recognised principles of valuation and equitable principles taking
into account the capital invested, depreciation, capital already
repatriated, replacement value, currency exchange rate movements
and other relevant factors. Compensation shall include interest
at a normal commercial rate calculated from the date of
expropriation to the date of payment, shall be made without undue
delay, be effectively realizable and be freely convertible.
(2)
The investor affected shall have a right, under the law
of the Contracting Party making the deprivation, to prompt review
by a judicial or other independent authority of that Party, of the
investor's case and of the valuation of the investment
accordance with the principles set out in this paragraph.
in
(3)
company which is incorporated or
Where a Contracting Party expropriates the assets of a
constituted under the law in
force in any part of its area, and in which investors of the other
Contracting Party own shares, it shall ensure that the provisions
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