On The Agreement Between Czechoslovakia And The Swiss Con. For Mutual Protection. Investment

Original Language Title: o Dohodě mezi ČSFR a Švýcarskou konf. o vzájemné ochr. investic

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39502&nr=459~2F1991~20Sb.&ft=txt

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.