CONFIDENTIAL
7.
17.
A sub-paragraph was added (Article 7(2)) to provide that personnel
employed in connection with investments would be able to transfer their earnings and other remuneration. This provision is also entirely consistent with Hong Kong's existing laws and policy.
18.
Sub-paragraph (3) 18 almost identical to Article 6(2) of the Hong Kong model except that the reference to "unless otherwise agreed by the investor" was deleted as the French delegation considered it unnecessary.
ARTICLE 8 : Guarantee
19.
This provision was added at the request of the French delegation to provide for guarantees made by Contracting Parties for investments. Since it is qualified that the provision of a would be subject to the legislation of the Contracting Parties, this Article would be consistent with Hong Kong's existing laws and investment policies.
guarantee
ARTICLE 9 : Settlement of Investment Disputes
20.
די
The article is identical to Article 8 of the Hong Kong model except that a final sentence has been added indicating that the arbitration award shall be final and binding and enforced in accordance with the relevant domestic law. This is consistent with the United Nations Commission on International Trade Law (UNCITRAL) rules. The French delegation took the view investors would find it helpful if these details of the form and effect of the award were spelled out in the Agreement.
that
ARTICLE 10 : Subrogation
21.
This is a new article, covering subrogation in relation to insurance by a contracting Party or its designated agency in respect of an investment in the area of the other Contracting
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