459/1991 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that on 5 December. October 1990
in Bern was signed the agreement between the Czech and Slovak Federal
Republic and the Swiss Confederation for the promotion and reciprocal protection
investments.
With the agreement have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
The Republic has ratified it.
Agreement entered into force, pursuant to article 12 paragraph 2. 1 day 7.
August 1991.
The Czech version of the agreement shall be published at the same time.
The AGREEMENT
between the Czech and Slovak Federal Republic and the Swiss
Confederation for the promotion and mutual protection of investments
The preamble to the
Czech and Slovak Federal Republic and the Swiss Confederation
Desiring to develop economic cooperation for mutual benefit
of both States,
in an effort to create and to ensure favourable conditions for investments by investors
one Contracting Party in the territory of the other Contracting Party,
convinced of the need to promote and protect foreign investment
with a view to enhancing the economic prosperity of both States,
having regard to the final act of the Conference on security and cooperation in
Europe,
have agreed as follows:
Article 1
The definition of the
For the purposes of this agreement:
(1) the term "investor" includes having regard to both parties
and physical persons) are in accordance with the laws of the relevant Contracting
by its citizens;
(b)) legal persons, including companies, corporations, business
companies and other organisations that are set up or otherwise legally
established under the laws of that Contracting Party and having their registered office and operate
the real economic activity in the territory of that Contracting Party;
(c)) of a legal person established in accordance with the laws of any
the State, which are directly or indirectly controlled by the citizens of that Contracting
parties or legal entities, which have headquarters and engage in
the real economic activity in the territory of that Contracting Party.
(2) the concept of "investment" includes all kinds of assets,
in particular:
a) movable and immovable property, and any property rights such as
the Ministry, mortgages, rights, bonds and guarantees;
(b)) shares, shares, or any other kind of participation in companies;
(c)) claims and rights to any transaction which has an economic value;
d) copyrights, industrial property rights such as patents,
utility models, designs or models, trade marks in the trade
or services, trade names, appellations of origin, know-how and goodwill;
e) permission under public law, including the authority to search, benefit
and make use of natural resources, as well as all other rights granted
by law, contract or with the law.
(3) the term "returns" means the amounts yielded from investments and includes
in particular, profits, interest, capital gains, dividends, licensing and other
fees.
Article 2
The competence
(1) this Agreement shall apply to investments established in the territory of one of the Contracting
by investors of the other Contracting Party if they have been established after 1. January
1950, in accordance with the laws of the first party.
(2) this Agreement shall not apply to the rights and obligations of the Contracting Parties in
relating to investments that are not within the scope of this
The agreement.
Article 3
Support, enabling
(1) each Contracting Party shall in its territory promote investments
investors of the other Contracting Party and admit such investments in accordance with the
its legal order.
(2) If a party has authorized an investment in its territory, guarantees
This investment necessary permits, in accordance with its legal structure,
including those related to licensing agreements and contracts for the
technical, commercial or administrative assistance. Each Contracting Party shall
It will support, whenever necessary, issue the necessary permits
concerning the activities of consultants and other experts foreign national
jurisdiction.
Article 4
Protection treatment
(1) each Contracting Party shall protect within its territory investments of investors
the other Contracting Parties which have been established in accordance with its legal
regulations, and will not interfere with unauthorized or discriminatory measures
manage, maintain, use, recovery, expansion, sale or disposal of
These investments. In particular, each Contracting Party shall issue the necessary permits
referred to in article 3, paragraph (2) of this agreement.
(2) each Contracting Party shall ensure that within its territory a proper and fair
treatment of investments of investors of the other party. This treatment
no less favourable than treatment guaranteed by each Contracting Party,
investments of its own investors or guaranteed in their territory of any
a Contracting Party to investment of investors of countries enjoying on its territory
MFN, if this treatment is more favourable. Businesses
foreign ventures, involving both investors
the Contracting Parties will use the above treatment as
the economic operator.
(3) the treatment of most favoured nation treatment shall not apply to
the benefits that both parties provide to investors of third States
According to the agreement on the avoidance of double taxation or agreement establishing the zone
free trade, Customs Union or common market.
Article 5
Free transfers
(1) each Contracting Party in whose territory the investment have been established
investors of the other Contracting Party shall guarantee the free transfer of these investors
payments related to investment, particularly
and) of investment income,
(b)) the amounts related to loans provided by an investment
(c) an additional capital increase) required for the maintenance or development of the
investments,
(d) the proceeds of the sale or) partial or complete liquidation of the investment,
including any capital appreciation.
(2) investors will be authorized to purchase any of the amounts of foreign currency
According to the official exchange rate for the transfers referred to in paragraph (1) of this article.
Article 6
Deprivation of ownership, reimbursement
(1) no Contracting Party does not oppose invest investors
the other party, direct and indirect measures to
expropriation, nationalization or any other measures which
the same nature or the result, with the exception of measures carried out in the
the public interest, not discriminatory nature, which are carried out
under the Act, provided that for them to be granted actual and
adequate compensation. The amount of compensation, including interest, will be provided in the currency of
State from which the investment originates and shall be paid without delay to the person to
justifiable regardless of where its registered office or place of residence.
(2) Investors of one Contracting Party whose investments suffer losses in
as a result of war or other armed conflict, revolution, special
State or the uprising, which occurred on the territory of the other Contracting Party receives
from the other party compensation under article 4 paragraph (2) of this
Agreement in the form of restitution, compensation or other measures.
Article 7
More favourable provisions
Where the legislation of one Contracting Party shall supply to the investor
treatment more favourable than those provided by this agreement, they will have
These provisions take precedence over the provisions of this agreement.
Article 8
The principle of subrogation
(access to the investors ' rights)
If one contracting party payment to its citizen or company
because of the guarantees on the investment you have made in the territory of the other Contracting
the party, the other Contracting Party shall recognise the transfer of all rights or claims of the citizen
or the company to the first Contracting Party to these rights and entitlements
(subrogaci).
Article 9
Disputes between a Contracting Party and an investor in one of the other party
(1) in order to settle disputes between one Contracting Party and an investor
the other Contracting Party relating to the investment negotiations will take place between
interested parties, if it is not a matter falling under
Article 10 this agreement (disputes between the Contracting Parties).
(2) if these negotiations will not result in a solution within six months, the dispute shall be
at the request of the investor submitted to an arbitration tribunal. The Court of arbitration will be
appointed as follows:
and the arbitral tribunal will be established) for each individual case.
Unless otherwise agreed by the parties to the dispute otherwise, each of them shall designate one
the arbitrator and the arbitrators shall appoint two citizen of a third State as a
Chairman. The arbitrators will be determined within two months of receipt of the request for
arbitration and Chairman appointed to a further two months.
(b)) have not been complied with the time limits referred to in paragraph a) of this article and
in the absence of any other agreement, either party to the dispute shall be entitled to
contact the Chairman of the Arbitration Court of the International Chamber of Commerce in
Paris, with a request to make the necessary appointment. Prevents any
obstacle referred to the President, to comply with this request or, if the
a citizen of one of the Contracting Parties, it is necessary to proceed as is
referred to in paragraph (5) of article of this agreement.
(c)) if the parties in dispute agree otherwise, shall be appointed by
the arbitral tribunal of its rules of procedure. Its decisions are final and
binding. Each Contracting Party shall ensure recognition and enforcement of judgments
the Court of arbitration.
d) each party in dispute shall bear its own expenses of a member of the arbitration
the Court and its representation in the arbitral proceedings; expenses of the Chairman and other
expenses shall be borne by both sides in the dispute in equal shares. The arbitral tribunal may, however,
in its decision, to determine both the uneven shares of shop Windows and
This decision is binding for both parties.
(3) in the event that the two parties are members of the Washington Convention of
March 18, 1965 on the settlement of disputes on investments between States and citizens of other
States, disputes may be referred to in this article, at the request of the investor as
alternative procedure referred to in paragraph (2) of this article, referred to the
The International Center for investment dispute settlement.
(4) a Contracting State which is a party to the dispute, not even in the course of the proceedings
referred to in paragraphs (2) and (3) of this article, or in the performance of
delivered the judgment to place on his defence, that the investor has received compensation
under the insurance contract covering the whole of the damage suffered or its
part.
(5) No Contracting State shall endeavour to resolve the dispute, which has already been
submitted to an arbitration tribunal, through diplomatic channels, if you do not do this,
the second Contracting State does not comply with the decision handed down by the arbitration
by a court or is not going to perform.
Article 10
Disputes between the Contracting Parties
(1) disputes between the Contracting Parties concerning the interpretation or application of this
The agreement will be resolved through diplomatic channels.
(2) If no during the 12 months of the start of the dispute to the agreement
between the parties, the dispute at the request of either Contracting
the parties submitted to an arbitral tribunal composed of three members. Each Contracting
Party shall designate one arbitrator and the two arbitrators shall appoint, and those of the citizen of the third
the State as President.
(3) where a party has not designated its arbitrator, and if
not even two months after prompting by the other party, this
the arbitrator shall be designated at the request of the other party by the President
International Court of Justice.
(4) If no agreement is reached between the arbitrators on the choice of the Chairman within two months
after their appointment, shall be appointed by the Chairman at the request of any
the Contracting Parties to the President of the International Court of Justice.
(5) If, in the cases referred to in paragraphs (3) and (4) of this article
the President of the International Court of Justice an obstacle to
comply with the request, or is a citizen of any of the Contracting Parties,
does the appointment of Vice Chairman, and if he prevents an obstacle in
How to do so, or is a citizen of any of the Contracting Parties,
does the appointment of senior member of the International Court of Justice,
that is not a citizen of any of the Contracting Parties.
(6) unless the parties decide otherwise, the Court shall determine its
procedural rules.
(7) the decisions of the Court are final and binding on both Contracting
party.
Article 11
Compliance with the obligations
Each Contracting Party shall permanently guarantees respect for commitments in relation to the
investments of investors of the other party, which took over.
Article 12
Final provisions
(1) this Agreement shall enter into force on the date on which both parties
notify each other that the constitutional requirements for the conclusion of
international agreements and their entry into force and shall remain in force after the
period of ten years. If you will not be notified in writing of the termination of the agreement for six
months before the expiry of that period, this Agreement shall be deemed to
extended to the same extent for a period of five years, and this is
It will still be repeated.
(2) in the event of termination of this Agreement shall remain the provisions of articles 1 to 11
continue in effect for investments made prior to the date of termination and it
After a period of ten years.
Done at Berne on 5. October 1990 in two original copies, each in the
the Czech, German and English, each of which has the same effect.
In doubtful cases the English version is decisive.
For the Czech and Slovak Federal Republic:
Václav Klaus, v.r.
For the Swiss Confederation:
J. p. Delamurez v.r.
XIII.
Protocol
At the signing of the agreement between the Czech and Slovak Federative Republic of Brazil and the
The Swiss Confederation, on the promotion and reciprocal protection of investments
Subscribers assignees in relation to article 1, agreed on the following
the explanation, which is considered an integral part of the agreement.
(1) the Investor referred to in article 1, paragraph (1), subparagraph (c)) may be required
to provide evidence on the control of the investment, the recognition of the
the Contracting Party in whose territory the investment has been or is to be
made for an investor of the other party.
(2) Investors, covered by article 1, paragraph (1), subparagraph (c))
cannot make a claim under article 6 of this agreement, if the replacement
granted in accordance with similar provisions in the agreement on the protection of
investments, concluded by a Contracting Party in whose territory the investment
carried out.
Done at Brussels, 5 November 2002. October 1990 in two original copies in the
the Czech, German and English, each of which has the same effect.
In doubtful cases the English version is decisive.
For the Czech and Slovak Federal Republic:
Václav Klaus, v.r.
For the Swiss Confederation:
J. p. Delamurez v.r.
