The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 29 April. April 1991
It was in Prague, signed the agreement between the Czech and Slovak Federal
Republic and the Kingdom of the Netherlands on the promotion and reciprocal protection
investments. Agreement entered into force pursuant to article 13(2).
1 on 1 January 2000. October 1992.
The Czech version of the agreement shall be published at the same time.
between the Czech and Slovak Federative Republic of Brazil and the Netherlands
the Kingdom on the promotion and mutual protection of investments
Government of the Czech and Slovak Federal Republic and the Government of the Netherlands
Kingdom of Spain,
hereinafter referred to as the Contracting Parties,
Desiring to extend and strengthen the mutual economic relations, in particular
investments of investors of one Contracting Party in the territory of the other Contracting Party,
recognising that agreement on the treatment of these investments will be provided by the
encourage the flow of capital and technology and the economic development of the Contracting
the parties and the fair and equitable treatment is desirable,
bulwarks in the spirit of the final act of the Conference on security and
cooperation in Europe, signed at Helsinki on 1. August 1975
have agreed upon the following:
For the purposes of this agreement:
and) the concept of "investment" indicates each type of assets invested directly or
through the investor of a third State, and that in particular, but not
I) movable and immovable property and any rights related thereto;
II) stocks, bonds and other forms of participation in companies and
joint ventures, as well as the rights arising therefrom;
III) claims to money and other assets, and any transactions originating in
IV) intellectual property rights, including technological
procedures, goodwill and know-how;
In) on the basis of concessions granted by law or contract, including concessions to
the survey, the cultivation and production of and acquisition of natural resources.
(b)) the term "investor" means:
I) natural persons who are nationals of one of the Contracting Parties in accordance
with its legal regulations;
II) legal persons established in accordance with the law of one of the
of the Contracting Parties.
(c)) the concept of "territory" also includes the coastal zones adjacent to the coast
of the State concerned, in so far as that State, in accordance with
international law exercises sovereign rights in these zones or
Each Contracting Party shall in its territory investments of investors of the second supports
the Contracting Parties and permits these investments in accordance with their
the rule of law.
(1) each Contracting Party shall ensure the investments of investors of the other Contracting
party fair and equitable treatment and will not be unfair or
discriminatory measures harm the Administration, management, maintenance,
the use, recovery or disposal of the investments of such investors.
(2) each Contracting Party shall provide these investments, in particular, the full
safety and protection, which in no case shall not be less than
accorded to investments of its own investors or investments of investors of the
any non-Member State, if the investor concerned
(3) the provisions of this article shall not be construed so as to oblige the
any contracting party to provide investors of the other party
preferences and advantages similar to those accorded to investors of third
and membership in the former) or existing or future Customs Union or
Economic Union or similar organization; or
(b)) the agreement on avoidance of double taxation with a third State or reciprocity.
(4) each Contracting Party shall comply with all obligations, which may
take in relation to investments of investors of the other party.
(5) If the provisions of law of either Contracting Party, or
obligations under international law, now or later, between
the Contracting Parties shall enter into force, contain in excess of this agreement
rules, whether General or specific, entitling investments by investors
the other party to a more favourable treatment than it provides
The agreement, they will have these rules in so far as they are more convenient,
precedence over the provisions of this agreement.
Each Contracting Party shall ensure that payments related to investment could
be transferred to. Transfers shall be made in freely convertible currency without
side reduction or delay. Such transfers shall include, in particular,
but not limited to:
and) profits, interest, dividends, royalties, fees, and other common
(b)) the amounts needed
I) for the purchase of raw materials and auxiliary materials, half-finished or
finished products, or
(II) the investment or development) supplement the capital assets for the purpose of
ensure the continuity of the investment;
(c)) of the amount to repay the loans;
d) earnings of individuals;
e) proceeds from sale or liquidation of an investment.
None of the parties takes measures depriving directly or indirectly
investors of the other Contracting Parties of their investments will not be met.
the following terms and conditions:
and) measures shall be taken in the public interest and are carried out according to
(b)) the measures are not discriminatory;
(c) measures are accompanied by provisions) for payment of the fair
the refund. This compensation represents the actual value of the investment concerned;
in order to be most effective for nárokujícího, will be paid, and without
unwanted delay transferred to the country specified by the nárokujícími concerned
is concerned, in any freely convertible currency, to which the claiming
Investors of one Contracting Party who suffer losses on their investments
on the territory of the other party as a result of war or other armed
the conflict, a State of emergency, civil disturbance, or other
exceptional situations will be from that other party to enjoy, if
as for the restitution, damages, compensation or other settlement,
treatment not less favourable than that party grants to its
its own investors or to investors of any third State, if
for those more favourable to the investors.
If the investment of an investor of one Contracting Party are insured against
non-commercial risks on the basis of a system based law, recognised by the second
party insurer or providers of input into rights top
of the investor under the terms of such insurance.
(1) any dispute between one Contracting Party and an investor of the other
the Contracting Party regarding his investment, if possible, resolved
(2) each Contracting Party hereby agrees, to make the dispute referred to in
paragraph (1) of this article, the arbitral tribunal, if the dispute
could not resolve amicably within six months from the time when one
the party in a dispute about a solution to the dispute.
(3) the arbitration tribunal referred to in paragraph (2) of this article will be for each
established case by case as follows: each party to the dispute shall designate one
an arbitrator and the two arbitrators shall choose a President this way determination,
that will be a citizen of a third State. Each party to the dispute shall designate their
an arbitrator within two months and the President will be appointed within three
months from the time when the investor has announced his decision to the party
to refer the dispute to arbitration.
(4) if the appointment has not been made within the time specified above, each party
the dispute may request the President of the Arbitration Court of the Chamber of Commerce in
Stockholm, Sweden, to make the necessary appointment. If the President is a citizen of the
one Contracting Party, or if he is prevented by an obstacle in achieving this
the task will be asked to carry out the necessary Vice-President appointment.
If the Vice-President is a citizen of a Contracting Party, or if also
him an obstacle in achieving this goal, will be asked to perform a
required the appointment of a senior member of the Court of arbitration, which
It is not a citizen of any of the Contracting Parties.
(5) the Arbitration Tribunal shall lay down its procedural rules for the use of arbitration
United Nations Commission on international trade law (UNCITRAL).
(6) the Arbitration Tribunal will decide on the basis of the law and taking into account
in particular, but not exclusively:
-a valid law of the Contracting Party concerned;
-the provisions of this agreement and other relevant agreements concluded between
the Contracting Parties;
-the provisions of specific agreements relating to investment;
-the General principles of international law.
(7) the arbitral tribunal shall decide by a majority vote; such decision will be for
the parties in the dispute to final and binding.
Any Contracting Party may propose to the other party consultation
concerning the interpretation or application of the agreement. Other parties such
design shall consider sympathetically and makes use of such consultation appropriate
(1) disputes between the Contracting Parties concerning the interpretation or application of this agreement
If possible, will be resolved amicably.
(2) if it is not a dispute between the parties as follows, it will be handled by
produced at the request of a party to an arbitration tribunal.
(3) the arbitral tribunal will be established for each individual case
as follows: each Contracting Party shall, within the period of two months from the receipt of the
request for arbitration, one arbitrator. These two arbitrators then
Select a Chairman who will be a citizen of a third State. The President will be determined
within two months from the identification of the other two arbitrators.
(4) if it has not been carried out within the time limits required the appointment referred to in
paragraph (3) of this article, each Contracting Party may request the President of
International Court of Justice to make the necessary appointment. If
the President of a citizen of one of the Contracting Parties, or if some
obstacle in achieving this goal, will be asked to Vice-President
made the necessary appointment. If the Vice-President is a citizen of one of the
of the parties or if he also prevents some obstacle in achieving
This task will be asked to perform a required appointment for work
the oldest Member of the International Court of Justice who is not a citizen of any
the Contracting Parties.
(5) the Arbitration Tribunal shall lay down its procedural rules. The decision of the arbitration
the Court is for the two parties is final and binding.
(6) the Tribunal may, before its decision at any stage of the proceedings
to propose to the parties to the dispute was resolved amicably.
(7) the arbitral tribunal will decide on the basis of this agreement and other
the relevant agreements concluded between the two parties, the General
principles of international law, as well as such provisions of general principles of law,
the Court of arbitration will be considered applicable. Previous provisions
will not hinder the arbitral tribunal to make a decision under the principle of ex aequo
et bono, if the parties agree.
(8) each Contracting Party shall bear the costs of its representation in the arbitral
the proceedings; expenses of the Chairman and other expenses will be borne by the Contracting Parties in equal
the work. The arbitral tribunal may, however, in its decision specify that one
the Contracting Party shall pay the larger share of the cost, and this decision is for the
both final and binding upon the Contracting Parties.
With regard to the Kingdom of the Netherlands, this Agreement shall apply to the
part of the Kingdom in Europe and Aruba Netherlands Antilly, if the notification
referred to in article 13(2). (1) provides otherwise.
The provisions of this Agreement shall be from the date of its entry into force
also apply to investment, based upon 1. January 1950.
(1) this Agreement shall enter into force on the first day of the second month
following the date on which the Contracting Parties have informed each other in writing that the
the necessary constitutional requirements have been met and shall remain in force for a period of
ten years of age.
(2) if the agreement is terminated by either party at least
six months before the expiry of its validity, the validity of the silent
extended for a further ten years. Each Party retains the right to
terminate the agreement by notice given at least six months before the date of
the expiry of the current period of validity.
(3) in respect of investments made before the date of expiry of the
This agreement will remain for them to previous articles in force for the period
fifteen years from that date.
(4) if the period referred to in paragraph (2) of this article, the
the Government of the Kingdom of the Netherlands shall be entitled to terminate the application of this agreement
separately with respect to any part of the Kingdom.
In witness whereof, the undersigned, fully authorised, have signed this
Done at Prague on 29. April 1991 in two copies, each in the language
Czech, Dutch and English, while all three texts are equally
force. In case of differences in interpretation of the English version is decisive.
For the Government of the Czech and Slovak Federal Republic:
Ing. Jozef Bakšay in r.
Minister of foreign trade of the CSFR
For the Government of the Netherlands:
Yvonne van Rooy v. r.
Minister for foreign trade of the Netherlands