agreement between the government of the republic of india

17
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES ON THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the United Arab Emirates and the Government of the Republic of India (hereinafter co ll ectively referred to as the "Contracting Parties") Desiring to create conditions fa vorable for fostering greater Investment by Investors of one Contracting Party in he territory of the other Contracting Party; Recognizing that th e encouragement and reciprocal protection of such Investment, made in accordance i h t he laws and regulations of the host Contracting Party will be conducive o th e stimulation of individual business initiative and will increase prosperity i bo th Contracting Parties:- Have agreed as follows:- AR ICLE 1 DE FI ITI ONS For the purposes of this Agreeme nt :- 1. The term "Investmen t" e ery kind of asset invested by the Investors of one Contrac arty in the territory of the other Contracting Party in accor a--:; · i" h th e laws, and regulations of the Contracting Party in whose :::; -- ry th e Investment is made and in particular, though not exc lu s: .:::: _. ludes:

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AGREEMENT

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDIA

AND

THE GOVERNMENT OF THE UNITED ARAB EMIRATES

ON

THE PROMOTION AND PROTECTION OF INVESTMENTS

The Government of the United Arab Emirates and the Government of the Republ ic of India (hereinafter co llectively referred to as the "Contracting Parties")

Desiring to create conditions favorable for fostering greater Investment by Investors of one Contracting Party in he territory of the other Contracting Party;

Recognizing that the encouragement and reciprocal protection of such Investment, made in accordance i h the laws and regulations of the host Contracting Party will be cond ucive o the stimulation of individual business initiative and will increase prosperity i both Contracting Parties:-

Have agreed as fo llows:-

AR ICLE 1

DE FI ITI ONS

For the purposes of this Agreement:-

1. The term "Investment" mea~:: e ery kind of asset invested by the Investors of one Contrac i ~:; arty in the territory of the other Contracting Party in accor a--:; · i" h the laws, and regulations of the Contracting Party in whose :::; - - ry the Investment is made and in particular, though not exclus:.:::: _. ludes:

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\i}':· -l (i) movable and immovable property as well as any other property rights ~ L in rem such as mortgages, liens, pledges, or usufruct;

(ii) shares, stocks, bonds, debentures and any other similar forms of participation in a company and other debts and loans and securities issued by an Investor of a Contracting Party and returns retained for

the purpose of reinvestment;

(iii) rights or claims to money or to any performance under contract having financial or economic value;

(iv) intellectual property rights, goodwill, technical processes, know-how, copyrights, trademarks, trade names and patents in accordance with the relevant laws of the respective Contracting Parties;

(v) any right conferred by law or by virtue of any licenses or permits

granted pursuant to law, excluding any right conferred in respect of hydrocarbons.

Any change of the form in which assets are invested or reinvested does not affect their character as Investment.

2. "Investor" means any national, company or government of a Contracting Party.

3. "National" means a natura l person holding the nationality of a

~; I Contracting Party in accordance with its applicable law. I r~., ~ ~ ~ ~ ~f I 4. "Returns" means the monetary amounts yielded by an Investment such ! ~~':: ~ I as.pr.ofit,J nte rest,...capitalij a i ns,-D ivideAd S;-·wya ltieo,ma nag ement. and I r:~ -. ~{~ , 1 techn1cal fees . I ~~; . . .. _ .•. ___ ._ .. _-·_· 1· I w·r·· ~· - ~ ~~ I 5. "Territory" means: I (~!~

II i) In respect of India : the terri ory of the Republic of India including its i ~~1 ~~ ~ ~ ~a ~ ~ :~~~~~~~ ~:~e~sx~l~~ i~:e :~~~:~~c a~~~: i~~~dc~~~~e~::t~:~~~::~ ~~ ~~ .. ,, I which the Republic of In ia has sovereignty , sovereign rights or 1 h,,,,

~~ II exclusive jurisdiction in accord ance with its laws in force, the 1982 I~;~ ~ I ~~~~d Nations Conventio on the Law of the Sea and International II ~.,.~, 1 i t'f;t,-, .I II

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ii) In respect of United Arab Emirates : the territory of the United Arab Emirates its territorial sea, airspace and submarine areas over which the United Arab Emirates exercises in conformity with international law and the law of United Arab Emirates sovereign rights, including the Exclusive Economic Zone and the mainland and islands under its jurisdiction in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources;

6. The term "freely usable currency" means any currency that is widely used to make payments for international transactions and is widely traded in the principal exchange markets ;

7. the term "Company" means:

a) in respect of India: corporations, firms and associations incorporated or constituted or established under the law in force in any part of India;

b) in respect of United Arab Emirates: any juridical person or other entity legally constituted under the laws and regulations of UAE and its local governments such as institutions, development funds, authorities, foundations , establishments, agencies, enterprises, cooperatives, partnersh ips, corporations, companies, firms, organizations and bus iness associations or similar entities irrespective of whether the ir liabilities are limited or otherwise.

8. "Measure" means any form of binding action taken by a Contracting Party under any law, rule or regulation and to an

ARTICLE 2

SCOPE OF THE AGREEMENT

1. This Agreement shall apply to all Investments made by Investors of one Contracting Party in the territo of the other Contracting Party, whether made before or after the comi g into force of this Agreement, but shall not apply to any dispute arisi g out of any Measure applied to an Investment before the entry in orce of this Agreement.

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. , 2. A Measure defined under Article 1 (8) which was applied with the ~ [" ~:- consent of the Investor or any other person (s) who effectively owns and

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t:'r: controls the Investor at any point of time will be outside the scope of this I w:-.

l:: I Agreement I ~:' L1• 1 3. Without prejudice to any bilateral agreement on taxation between the I ~~F ~f, I ~~;::a~:~rgr~=~~~si0t~=x~;i~~sions of this Agreement shall not apply to I ~')'

~~,-· I ENCOURAGE::::~: :NVESTMENTS I I~ 1.

2.

Each Contracting Party shall encourage and create favorable conditions for Investors of the other Contracting Party to make Investments in its territory, and admit such Investments in accordance with its laws and policy.

The Contracting Parties shall encourage and facilitate the formation and establ ishment of appropriate legal entities by Investors in order to establ ish , develop and execute Investment projects in different economic sectors as may be permitted by the laws and regulations of the host Contracting Party.

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~:~ 1 incentives and other forms of encou ragement for Investments made by 1 ~~-~; ill Investors of the other Contracting Party. I ~l

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1 4. Neither Contracting Party shall place any constraints on the movement of 1 ~

~~[' 1 g·CJo-dsoT-peTsons airectly con e '80 with an lnvestment~emg transportea ! Kif~ f;;,.,• I subject to international agree aen S governing such transport which are in ! r:$ ~~ force beh¥een the Contractin:R 21~:: 4

I i 1~;--,.; I ~~~~~ ~jj i PROTECTIO OF INVESTMENTS I~~~ (1Wi tJ I t;···' ~~~ !-~ill 1. Investments by Investors o e ~· er Contracting Party shall enjoy ful l I~~!~ ~~~ (! protection and security in the c · ry of the other Contracting Party in a 11~ :~r_:~ it~~ 1 manner cons istent with the ~~ .:i s i o ns of domestic laws of the host ~~ ,~ ~I Contracting Party, this Agree ~·: and applicable rules of international i ~ ~~ ,. P.~?~~-: l. : nlf>t~:.

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law. Neither Contracting Party shall in any way impair by arbitrary or discriminatory Measures, the management, maintenance, use, enjoyment, or disposa l of Investments.

Each Contracting Party shall endeavor to make public all laws, regulations, policies and procedures that pertain to or directly affect Investments in its territory made by Investors of the other Contracting Party;

Once established, Investments shall not be subjected in the host Contracting Party to additional performance requirements which may hinder or restrict the management, maintenance, use, enjoyment or disposa l of Investments unless such requirements are deemed vital for reasons of public order, public health or environmental concerns and are enforced by law for general application.

Each Contracting Party shall maintain a favorable environment for Investments in its territory by Investors of the other Contracting Party. Each Contracting Party shall in accordance with its applicable laws and regulations ensure to Investors of the other Contracting Party, the right of access to its courts of justice, administrative tribunals and agencies, and

all other bodies exercising adjud icatory authority and the right to employ persons of their choice , for the purpose of assertion of claims and the enforcement of rights with respect to their Investments.

In case of liquidations of an Investment, the proceeds from liquidation shall be accorded the same forms of protection and treatment as the initial Investment, including those accorded by virtue of Article 5 hereunder.

ARTI CLE 5

TREATMENT OF INVESTMENTS

Each Contracting Party shall , at all times, ensure Investments made in its territory by Investors of the o her Contracting Party, fair and equitable treatment. Such treatment sha ll not be less favorable than that which it accords to Investments of its o investors or investors of any third Party, whichever is the most favorable.

Each Contracting Party shall ac rd to Investors of the other Contracting Party as regards compensation. •.-a sfers, management, use, enjoyment or disposal of thei r Investments trea- . ent no less favorable than that which it

accords to Investments by its own investors or by investors of any third Party, whichever is the most favorable.

3. o ithstanding the provisions of any bilateral investment treaties that the Con racting Parties have signed with other countries before or after the en ry into force of this Agreement, th is Article shall not apply to procedural or jurisdictional matters.

4. However, the provisions of this Article shall not be construed to oblige one Contracting Party to extend to the Investors of the other Contracting Party the benefits of any treatment, preference or privilege resulting from:

a) any customs union, economic union, free trade area , monetary union or other form of regional economic arrangement or other similar in ternational agreement, to which either of the Contracting Parties, is or may become a party, or

b) any international or regional agreement or any other matter relating wholly or mainly to taxation .

5. A Contracting Party shall not discriminate against Investments by Investors of the other Contracting Party in favour of Investments by its own investors or investors of a th ird Party in respect of the purchase of materials, energy, fuel or of means of production, transport or operation of any kind or restrict the marketing of products inside or outside its territory.

ARTICLE 6

COMPENSATION FOR DAMAGE OR LOSS

1. When Investment made by Investors of either contracting Party suffer losses owing to war or other armed conflict, revolution , a state of national emergency, revolt, insurrection or riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification , compensation or other settlement, not less favorable than that which the latter Contracting Party accords o its own investors or to investors of any third Party whichever is the mos favorable.

2. Without prejudice to Parag raph (1) of this Article, Investors of one Contracting Party who in any o' he events referred to in that paragraph

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suffer damage or loss in the territory of the other Contracting Party resulting from:

(a) Requisition of their Investment or property by its forces or authorities; or

(b) Destruction of their Investment or property by its forces or authorities which was not caused in combat action or was not required by the necessity of the situation;

shall be accorded expeditious, adequate and effective compensation for the damage or loss sustained during the period of requisitioning or as a result of the destruction of the property. Resulting payments shall be in a freely usable currency and be freely transferable without delay.

ARTICLE 7

EXPROPRIATION

a) Investments made by Investors of one Contracting Party in the territory of the other Contracting Party shall not be nationalized, expropriated, dispossessed or subjected to direct or indirect Measures having effect equivalent to nationalization, expropriation or dispossession (hereinafter collectively referred to as "expropriation") by the other Contracting Party except for a public purpose related to the internal needs of that Contracting Party and against expeditious, adequate and effective compensation and on condition that such Measures are taken on a non-discriminatory basis and in accordance with the procedures established under law.

b) Such compensation sha ll amount to the actual value of the expropriated Investment and sha ll be determined and computed on the basis of the fair market value of the expropriated Investment at the time immediately before the exprop iatory action was taken or the impending expropriation became publicly known, whichever is earlier (hereinafter referred to as the "valuation date"). Such compensation shall include interest at the prevailing co ercial market rate, however, in no event less than the prevailing six n h LIBOR-rate of interest or equivalent, from the date of expropriation n il the date of payment.

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j c) Where the above-mentioned fair market value cannot be readily r:. ,, 1 ascertained, the compensation shall be determined on equitable ~-\

principles taking into account all relevant factors and circumstances, [r: such as the capital invested , the nature and duration of the Investment, ~·:

replacement value, book value and goodwill. The amount of ~'

compensation finally determined shall be expeditiously paid to the ~~1-'i ~!; i :~:~:f~;a~~e :it~:;l~e~:ynvertible currency and allowed to be freely ~;;

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. ;;~~~~~~~nf:~I:~~~~~;i~f~·~f~~:i~f~~:;;~:~I~f~~oj};i~~~ ~~ ~~\:'~ 1 (1) of this Article. The Contracting Party making the expropriation shall ~~fr j make every endeavor to ensure that such review is carried out promptly.

3. Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under its applicable law in force in any part ~r.,;.,

of its own territory, and in which Investors of the other Contracting Party ~~i

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~i~ I necessary to ensure fair and equitable compensation in respect of their ;,;. ·

~~~;I Investment to such Investors of the other Contracting Party who are W¥it; ~~ i owners of such rights or interest. ~

4. The term "expropriation" shall also apply to interventions or regulatory ~lit,·! Measures by a Contracting Party such as the freezing or blocking of the Investment, compulsory sa le o all or part of the Investment, or other comparable Measures , that a e a de facto confiscatory or expropriatory

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1.

TRANSFER OF PAYME S RELATED TO INVESTMENTS

Each Con rae ing Party s a .... ::; Party t e ra sfer of payme out of i s err i ory, including

i Investors of the other Contracting nection with an Investment into and I

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a) the initial capital and any additional capital for the maintenance, management and deve lopment of the Investment;

b) returns; c) payments under a contract, including amortization of principal and

accrued interest payments made pursuant to a loan agreement; d) royalties and fees referred to in Article 1 (4); e) proceeds from sale or liquidation of the whole or any part of the

Investment, including shares; f) earnings and other rem uneration of personnel engaged from

abroad in connection with the Investment; g) payments of compensation pursuant to Articles 6 and 7 ; h) payments referred to in Article 9 ; and i) Payments arising out of the settlement of disputes.

2. Transfers of payments under clause (1) of this Article shall be effected without delay or restrictions and, except in the case of payments in kind, in a freely convertible currency. In case of such delay in effecting the required transfers , the lnves or affected shall be entitled to receive simple interest for the period of such delay.

3. Transfers shall be made at the spot market rate of exchange prevailing on the date of transfer for the currency to be transferred. In the absence of a market for foreign exchange, the rate to be applied will be the most recent rate applied to inwar investments or the exchange rate determined in accordance · h the regulations of the International Monetary Fund or the excha e rate for conversion of currencies into special drawing rights or Uni e States Dollars, whichever is the most favorable to the Investor.

ARTICLE 9

SUBROGATION

1. If a Contracting Party, ated agency or a company or other enterprise constituted or i""' rporated in that Contracting Party ("Indemnifying Party"), other 2. an Investor, makes a payment under an indemnity or guarantee a...,a ·-s on-commercial risk it has assumed in respect o an Investment i e ~errito ry of the other Contracting Party ("host Co racting Party"), o · e vise acquires part or all of the rights and clai s o such an lnves s- : as a result of the complete or partial defaul o' e In estor, the h ~: racting Party shall recognize:

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b) that the Indemnifying Party is entitled to exercise such rights and claims and shall assume all obligations related to the Investment by virtue of subrogation, to the same extent as its predecessor in title or the original Investor; and

c) the subrogated rights or clai ms shall not exceed the original rights or claims of such Investor.

The Indemnifying Party shall be entitled, in all circumstances, to :

a) the same treatment in respect of the rights and claims acquired and the obligations assumed by it by virtue of the assignment referred to

in paragraph 1 above; and

b) any payments received in pursuance of those rights and claims;

as the original Investor was e ·· led to receive by virtue of this Agreement

in respect of the lnvestmen c cerned .

Notwithstanding the provis i sha ll take place in either approval of the Contracting

AR

s of clause (1) of this Article, subrogation r he Contracting Parties only after the

. if such an approval is required .

LE 10

SETTLEME .T OF DISPUTES BE7\I EEN CONTRACTING PARTY AND

TE l ' ESTOR

Dispu e other C

e '.'c€

Pa , 1

Ag ree e - s all e g

::: : -:,acing Party and an Investor of the - -::;s ec of an Investment under this

rticle.

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2..

3.

4.

5.

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e e utive powers.

' dispute arising between a Contracting Party and an investor of the :' er Contracting Party in respect of an Investment under this

·...; eement shall, as far as possible, be settled amicably through eoJ iations between the part ies to the dispute. For the purpose of this

ision, a Notice of Dispu e ("Notice of Dispute") shall be served by : e i vestor containing the fo llowing :

a) The name and the address of the disputing Investor where a claim is made by an Investor o a Contracting Party in respect oh ;an Investment made in the terri 'ory of the other Contracting Party;

b) The relevant provisions o this Agreement alleged to have been breached ;

c) The issues and the factua l basis for the claim; and

d) The re lief sought and the ap roximate amount of damages claimed.

If such dispute cannot be se led amicably within a period of six months from the date of receipt o otice of Dispute, the dispute may be submitted to one of the fo lio i g dispute settlement mechanisms :

a) the International Center f r Settlement of Investment E>isputes ("the Center"), established purs a t to the Convention on the Settlement of Investment Disputes be. '.'een States and Nationals of other States opened for signature a ash ington, 18 March 1965 ( the "Washington Convention"). ·: both Contracting Parties are parties to the Washington Conventi

b) an arbitral tribunal esta rs ed under the Arbitration Rules of the United Nations Com · si n on International Trade Law

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CITRAL), in fo rce c:: he time of the commencement of the ··spute; or

c) · e competent court of : e Contracting Party in the territory of which e Investment is made.

0 ce the Investor has ~ ... 8mitted the dispute under any of the

p cedures stipulated un e· b-clause (a) to (c) of clause (5) of this

'icle, that choice shall be - al and binding on that Investor.

I' he Investor concerned c

arbi tration as per sub-clause

give the other Contractin...,

ritten notice of its intention

ses to submit the dispute to international

a) or (b) of clause (5) of this Article, it shall

arty at least ninety (90) days advance

submit the dispute to arbitration.

7. In case the dispute is submr e to an arbitral tribunal established under

the Arbitration Rules of ITRAL in force at the time of the

commencement of the disp e nder sub-clause (b) of clause (5) of this

Art icle, it sha ll be subject to e ollowing modifications:

a) The arbitral tribunal shal

re levant expertise , one a

parties and the th ird ,

agreement of the co-a respective arbitrators wi i

ninety (90) day notice pe ·

Article. The third arb i rc.:

e comprised of three arbitrators with

ator appointed by each of the disputing

shall be the Chairman, appointed by

a ors . The parties shall appoint their sixty ( 60) days from the expiry of the

referred to under sclause (6) of this

shal l not be a national of either

Contracting Party or a nal of a country with which either Contracting Party does n · ~a e diplomatic or consular relations .

---b)-lf--th

days a · ies have appointed their respective arbitrators, the appointing a ~ ority under this Article shall be in the

following order:

(i) the President; o

(ii) the Vice-Preside

(iii) the next most se r Judge of the International Court of

Justice.

-- s appointing autho . ...... " er this sub-clause shall not be a national -- ::: . er Contracting Pa~. r a national of a country with which either :: -:racting Party does -::: ave diplomatic or consular relations.

--= a bitral tribuna l s a -:a e the basis and reasons of its award .

--= arbitral tribuna l s a ·.oach its award based upon the provisions :.- s Agreement and -... = ·elevant domestic laws of the Contracting

= =. -::_. where the lnves ,.....= : is made. In reaching its decision , the - _ :·al tribunal shall a -: a high level of deference to the re levant : - es 'ic laws and p ·- es of the Contracting Party where the

ent is made.

- una I shall reach ·.::: .::e ision by a majority of votes . The a ard =. :e fi nal and bind in ... oth parties.

= ::: ies to the arb i ra: ~ ... shall share the costs of the arb itra i the arbitrator fecc: expenses, allowances and other cos s i

-- portion. Each a~: shall bear the cost of its represen·a·i r,

-= ::"bitral proceed in_,s

--: s shall not be appl'"'-: he following situations:

--=-= is a written co ---;:: : or agreement between a Co ';c:::: -; -.- an Investor. --= dispute shall only be res I :e:

e with the ure specified in that co a : ~-

; or

-: = -...,an five (5) yea .. ra e elapsed from the date on -: _- - -st acquired , to have with reasonable · :=--~:::.

: :- _ lBd~newledge-c_,. ~e-tvleasure-underfying-the · ~ __ . = :- and the kno e::;;e that the Investment ha · -:_ -::

___ .;c.,._=-- a. loss or damage as a result of such Measure ..

AR IC E 11

- T OF DISPUTES BETWEEN CONTRACTING P - -

g Parties shal as far as possible , se ' le c.- . -; : e interpretatio - application or exec - :::- --

ugh consultati - r other diplomatic cha ...

2.

3.

4.

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If the dispute has not been sett led within six months following the date on which such consultations or her diplomatic channels were requested by either Contracting Party a unless the Contracting Parties otherwise agree in writing , either Co • acti ng Party may, by written notice to the other Contracting Party, su i the dispute to an ad hoc arbitral tribunal in accordance with the folio· i g provisions of this Article .

The arbitral tribunal shall e co nstituted as follows: each Contracting Party shall appoint one me ber, and these two members shall agree upon a national of a third s a e with whom both the Contracting Parties have diplomatic relations, as Chairman of the arbitral tribunal to be appointed by the two Co racting Parties. Such members shall be appointed within two months, and such Chairman within four months, from the date on which either Contracting Party has informed the other Contracting Party that it in ends to submit the dispute to an arbitral tribunal.

If the periods specified in pa agraph 3 above have not been complied with, either Contracting pa may, in the absence of any other arrangement, invite the presi ent of the International Court of Justice to make the necessary appoin ents. If the President of the International Court of Justice is a natio al of either Contracting Party or if he is otherwise prevented from ischarging the said function, the Vice-President of the International Cou rt of Justice shall be invited to make necessary appointments. If e Vice - President of the International Court of Justice is a national o either Contracting Party or if he, too, is prevented from discharg ing e said function, the member of the International Court of Justice ext in seniority who is not a national of either Contracting Party shc. ll be invited to make the necessary

.--~~~+-~~-apf30i A{ffleAts .

5. The arb itral tribunal sha ll take · s decision by a majority of votes. Such decision shal l be made in a cordance with the provi~ions of this Agreement and applicable rules international law and shall be final and binding on both contracting Pa ies. Each Contracting Party shall bear the costs of the member o he arbitral tribunal appointed by the Contracting Party, as we ll as he costs of its representation in the arbitration proceedings. The ex enses of the Chairman as well as any other costs of the arbitration pr ceed ings shall be borne in equal parts by the two Contracting Parties. vever, the arbitral tribunal may, at its discretion , direct that a higher oport ion or all of such costs be paid by

' --, ~ v ~·t-- .. . ~ ~ ...

------ .... ·-···--·---------- . . . ------- ----···--· -~-----"-·--··--·------·--1

one of the Contracting Pa ies . In all other respects , the arbitral tribunal shall determine its own pr ce ures.

ARTIC LE 12

ENTRY AND SOJOURN OF PERSONNEL

Investors of either Contracting c shall be permitted to engage top managerial and technical person e hei r choice regardless of nationality and each Contracting Party shall in :~ s respect make ava ilable all necessary facilities to the extent permitted :s laws and regulations . Each Contracting Party shall, subject to its laws a c ·=- ulations relating to the entry, stay and work of natural person, exa i-=- · good faith and give sympathetic consideration to request by lnves ~ -: the other Contracting Party and key personnel who are employed by s_ :~ I vestors including family e bers, to enter, leave and remain tempora · ! · - · s territory for the purpose carrymg out activities connected with the I • ~5-~ent.

LE 13

APPLICATIO F OTHER RULES

If the provisions of law of ei - racting Party or obli_.a·· -s -international law existing at press-- :- established hereafter e~ ==- --= Contracting Parties in addition to =- :·:=sent Agreement contain les ------

general or specific, entitling lnves :=-:5 a d associated activit ies 1 -. =~:: :: of the other Contracting Party to a ::-:=:: e t more favorable tha ·s :-: ::=:

for by the present Agreement, sue'"' -- ::s s all to the extent that e_. =-=- - : ·= favorab le prevail over this Agreeme- :

1.

A

AP P :-~-ELAW

Except as otherwise provi - - -- 5 · reement, all lnves

govern ed by the laws in fo =- - --= :erri tory of the Contra which such Investments are- .:::::

-=- -

2. No i g in this Agreemen :·::: _ ::=5 he host Contractin 8 =-taki g necessary reason a :: :::::: _ ·es in accordance ~

applie generally on a n --::: - -a:ory basis, in circu s:.::- ::: _

\ -

eme emergen .' =:- --::- =: :ecific purposes of prevention of diseases -- ests .

:...= LE 15

- =·JMENT

-~-::.:::le nt may be c-=-::: 2 any time 2: --= equest of either

= arty and the rec_: : ; : ntracting Pa ._. ~-= bmit its request _ _ , laining the gro __ _ -: the amend e- : ~-~ be made.

:.. = E 16

c

=~ ing Party ma ~::-: ___ : sultation wi --= ::-::· ..... tracting ·e pect to any '::=.: _ = _ ~derlying a dis'""_-=. ·:::. =- either

,_.d._.~-.. ~ =arty, or any othe~ :: = -= a ing to the in e~~::::=.::- :=.::~ ication --- ::: t ofthisAgree- :. herContracti -- =-= ·espond

ENT

---~---~ .., Party shal l n 1to force of

-= enter into fo rce :­:::: :on.

DURATI

...,.._,~ .. ~- - s all remain in L~ -= later than iation of the new Agree

- :::s agree on the = :: -ti ng Agreeme · -

_ -::- :hat its constitu · -:: -- -------- - --=- ::: t have been · .... - ::-: =-- ·-:::

- - e h day after the:=:=::'- =-·=: ::

I !NATION

d of ten (1 0) year:: = _ : h Contracting =::- ::

_ -: ·eement and en e:::; :­

= ·easonable perio . - - - :: 1 agreement, t e :.:. -::

_ f its entry into f -

. .... - .... ·--···---------·

::: ,'/hereof the '"'::;:: :- :;: : ly authorized -~ ~-::::: ~ · eir respective s, have signe- : - ~ - ;-=~ ent.

originals at : - th is Twelft -~sponding to, --- .==: =- "435, in the

all texts be ·~; -=-: -= a thentic. In

:::J of December c .. _ - -- .and English

- :-. the English -~- :-=: :·:;. ail. __ _ : · : · ergence in

...: VERNMENT FOR THE GO E;:; HE UNITED

baid Humaid · ister of State f

--·ai rs

F