The Federal Republic of Germany and the Czech and Slovak Federal Republic,
Desiring to intensify mutual economic cooperation,
Striving to create favourable conditions for reciprocal investments,
Recognizing that the promotion and reciprocal protection of investments serve to strengthen all forms of economic initiative, particularly in respect of private enterprise,
Have agreed as follows:
The term "investments" comprises all kinds of assets that are invested in accordance with domestic legislation, particularly:
Each Contracting Party shall accord in its territory, to investments by investors of the other Contracting Party or investments in which investors of the other Contracting Party have a holding, treatment no less favourable than that accorded to investments by its own investors or to investments by investors of third States.
Investments by investors of either Contracting Party may be expropriated, nationalized or subjected to other measures with effects equivalent to expropriation or nationalization only in the public interest and against compensation. Such compensation shall correspond to the value of the investment expropriated immediately before the date on which the actual or pending expropriation, nationalization or similar measure was made public. Compensation shall be paid without delay and shall bear interest at the normal rate of bank interest; it shall be effectively convertible and freely transferable. Provision for the determination and payment of such compensation shall be made in an appropriate manner no later than the date of the expropriation, nationalization or similar measure. The legality of the expropriation, nationalization or similar measure and the amount of the compensation may be subject to review in a properly constituted legal proceeding.
Investors of either Contracting Party whose investments suffer losses in the territory of the other Contracting Party as a result of armed conflict, a national emergency or state of unrest shall be accorded treatment by that other Contracting Party no less favourable than that accorded by such Party to its own investors in respect of restitution, indemnification, compensation or other consideration. Such payments shall be freely transferable.
Each Contracting Party shall guarantee to investors of the other Contracting Party the free transfer of payments in connection with an investment and, in particular, of:
If either Contracting Party makes payment to any of its investors on the basis of a guarantee for an investment in the territory of the other Contracting Party, that other Contracting Party shall, without prejudice to the rights of the first-mentioned Contracting Party as set forth in article 9, recognize the assignment of all rights and claims of the investor to that first-mentioned Contracting Party by operation of law or on the basis of a legal transaction. The other Contracting Party shall also recognize the subrogation of the first-mentioned Contracting Party (on the merits or in terms of amount) to any such rights and claims of the legal predecessor. Article 5 shall apply mutatis mutandis to the transfer of payments to be made on the basis of the assigned claims.
If the legislation of either Contracting Party or obligations under international law existing at present or established in the future between the Contracting Parties in addition to this Treaty contain a general or specific arrangement according the investments of investors of the other Contracting Party treatment more favourable than that accorded under this Treaty, such arrangement shall to the extent that it is more favourable prevail over this Treaty.
The arbitral tribunal shall be constituted in each case as follows: each Contracting Party shall appoint one member and the two members shall agree on a national of a third State as chairman. Such members shall be appointed within two months, and the chairman within three months, after the date on which one Contracting Party notifies the other in writing that it intends to submit the dispute to an arbitral tribunal.
If the dispute cannot be settled within six months from the date on which it was officially raised by either party to the dispute, it shall at the request of the investors of the other Contracting Party, be submitted for arbitration. In the absence of any other arrangement between the parties to the dispute, the provisions of article 9, paragraphs 3 to 5 shall apply mutatis mutandis, subject to the proviso that the members of the arbitral tribunal shall be appointed by the parties to the dispute in accordance with the provisions of article 9, paragraph 3, and that, if the time-limits provided for in article 9, paragraph 3, are not observed, either party to the dispute may, in the absence of any other arrangement, request the Chairman of the Arbitration Institute of the Stockholm Chamber of Commerce to make the necessary appointments. The award shall be recognized and enforced under the Convention of I 0 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.
The Contracting Party which is a party to the dispute shall not in course of arbitration proceedings or the execution of the arbitral award raise an objection on the grounds that the investor who is the other party to the dispute has already received compensation for all or part of his losses under an insurance policy.
This Treaty shall enter into force 30 days after the exchange of the instruments of ratification. It shall remain in force for 10 years, and shall be extended thereafter for an unlimited period, unless either Contracting Party denounces it in writing 12 months prior to its expiration. After the expiry of 10 years, the Treaty may be denounced at any time, subject to 12 months' prior notice.
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