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The Agreement Between The Government Of The Republic Of Latvia And The United Kingdom Of Great Britain And Northern Ireland Governments On Investment Promotion And Protection

Original Language Title: Par līgumu starp Latvijas Republikas valdību un Lielbritānijas un Ziemeļīrijas Apvienotās Karalistes valdību par ieguldījumu veicināšanu un aizsardzību

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The Saeima has adopted and the President promulgated the following laws: The agreement between the Government of the Republic of Latvia and the United Kingdom of Great Britain and Northern Ireland Governments on investment promotion and protection, article 1. 1994. January 24 in London, the contract signed between the Government of the Republic of Latvia and the United Kingdom of Great Britain and Northern Ireland Governments on investment promotion and protection (hereinafter contract) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. To put for by law this law referred to in article 1 of the Treaty in English and its translation into Latvian language. 3. article. The Ministry of Foreign Affairs on the basis of this law and in accordance with article 13 of the Treaty, prepare the exchange of instruments of ratification of the article with the United Kingdom of Great Britain and Northern Ireland Government. 4. article. The agreement shall enter into force for the period specified in article 13 and in order. The law adopted in 1995 the Saeima on 26 January. The President g. Ulmanis in Riga, 1995 February 7 agreement BETWEEN the Government OF the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND the Government OF the REPUBLIC OF Latvia FOR the PROMOTION AND PROTECTION OF investments the Government of the United Kingdom of Great Britain and NORTHERN Ireland and the Government of the Republic of Latvia (menu Rngton Line4) to create a favourabl condition for greater investment by nationals and companies of one State in the territory of the other State; Recognising that the encouragement and reciprocal protection under the international agreement of such investments will be conduciv to the stimulation of individual business initiative and will increase prosperity in both States; Have agreed as follows: article 1 Definition For the purpose of this agreement: (a) "investment" means every kind of asset and in particular, though not exclusively, includes: (i) movable and immovabl property and any other property rights such as mortgages, liens or pledge; (ii) shares in and stocks and debentur of a company and any other form of participation in a company; (iii) claims to money or to any performance under contract having a financial value; (iv) intellectual property rights, goodwill, technical processes and know-how; (v) business of concession by law conferred or under contract, including the search for concession, cultivat, extract or exploit natural resources. (A) a change in the form in which assets are invested does not make their character as investments affec and the term "investment" includes all investments, whethers made before or after the date of entry into force of this agreement; (b) "return" means the United Nations yielded by non for investment and in particular, though, from the exclusively includes profit, interest, capital gains, dividends, and royalt fe; (c) "national" means: (i) in respect of the United Kingdom: physical persons deriving their status as United Kingdom national from the law in force in the United Kingdom; (ii) in respect of the Republic of Latvia means persons having physical status as a national of the Republic of Latvia; (d) "companies" means: (i) in respect of the United Kingdom: the corporation, company and association incorporated or constituted under the law in force in any part of the United Kingdom or in any territory to which this agreement is extended, in accordanc with the provision of article 12; (ii) in respect of the Republic of Latvia of any legal person on the territory of the Republic of Latvia in accordanc with the legislation of the Republic of Latvia, having its head office on the territory of the Republic of Latvia, or controlled directly or indirectly by the national of the Republic of Latvia, or by legal persons having their head office in the territory of the Republic of Latvia; (e) "territory" means: (i) in respect of the United Kingdom: Great Britain and NORTHERN Ireland, including the territorial sea and any maritime area situated beyond the territorial sea of the United Kingdom which has been or might in the future be designated under the national law of the United Kingdom in accordanc with international law as an area within which the United Kingdom may exercise rights with regards to the sea-bed and subsoil and the natural resources and any territory to which this agreement is extended, in accordanc with the provision of article 12; (ii) in respect of Corporation the territory which the constitut-the Republic of Latvia. (d) the term "without delay" shall be deemed to be fulfilled if a transfer is made within such period as is made within such personal as is normally required by international financial custom and not later, in any case, than the three months. Article 2 Promotion and Protection of investment (1) Each Contracting Party shall create a favourabl encourag and condition for nationals or companies of the other Contracting Party to invest capital in its territory, and, subject to its right to exercise powers conferred by its laws, shall be admi such capital. (2) investments of nationals or companies of each Contracting Party shall at all times be accorded fair and equitable treatment and shall enjoy full protection and security in the territory of the other Contracting Party. No Contracting Party shall in any way ither impair unreasonabl or discriminatory measure-by the management, maintenance, use, or disposal of enjoymen investments in its territory of nationals or companies of the other Contracting Party. Each Contracting Party shall observe any obligation it may have entered into with regard to investments of nationals or companies of the other Contracting Party. Article 3 National treatment and most-favoured-nation Provision (1) No Contracting Party shall in its ither territory subject investments or returns of nationals or companies of the other Contracting Party the treatment less than that which it favourabl accord to investments or returns of its own nationals or companies or their investments or returns of nationals or companies of any third State. (2) No Contracting Party shall in its ither territory subject to national or companies of the other Contracting Party, as regards their management, maintenance, use, or disposal of their investments enjoymen, the treatment less than that which it favourabl accord to its own nationals or companies or their nationals or companies of any third State. (3) For the avoidance of doubt it is confirmed that the treatment provided for in paragraph (1) and (2) above shall apply to the provision of articles 1 to 11 of this agreement. Article 4 Compensation for Loss (1) National or companies of one Contracting Party whose investments in the territory of the other Contracting Party suffer the loss of the war or other armed conflict Owings, revolution, State of national emergency, revolt, insurrections or riot in the territory of the latter Contracting Party shall be accorded by the latter Contracting Party the treatment, as regards restitution indemnification, compensation or other settlement, from less than a favourabl that which the latter Contracting Party to its own national accord or companies or their nationals or companies of any third State. Resulting payments shall be freely transferabl. (2) without prejudice to paragraph (1) of this article, national and companies of one Contracting Party who in any of the situation referred to in that paragraph will suffer loss in the territory of the other Contracting Party resulting from: (a) requisitioning of their property by force or its authorities, or (b) the destruction of their property by its forces authorities, which was not caused in combat action or was not required by the cessity of the situation , shall be accorded restitution or compensation of adequat. Resulting payments shall be freely transferabl. Article 5 Expropriation (1) investments of nationals or companies of either Contracting Party shall not be expropriated, nationalised or subjected to measure having effect equivalent to the nationalisation or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party except for a public purpose related to the internal needs of that Party on a non-discriminatory basis and against prompt , and effective compensation adequat. Such compensation shall amount to the genuine value of the expropriated investment immediately before the expropriation or before the impending expropriation becam public knowledge, whichever is the earlier, shall include interest at a commercial rate normal until the date of payment, shall be made without delay, be effectively realizabl and be freely transferabl. The national or company affected shall have a right, under the law of the Contracting Party making the expropriation, to prompt review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of this or its investment in accordanc with the principles set out in this paragraph. (2) where a Contracting Party expropriat the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which national or companies of the other Contracting Party own shares, it shall ensur that the provision of paragraph (1) of this article with the applied to the exten cessary to guarantee a prompt adequat and effective compensation, in respect of their investment to such nationals or companies of the other Contracting Party who are owners of those shares. Article 6 the Repatriation of investment of Each Contracting Party and Return shall in respect of investments or grant it the national companies of the other Contracting Party the unrestricted transfer of their investments and returns. Transfers shall be effected without delay, within a period normally required for the completion as of transfer in any case formalit, not exceeding two months, in the convertible currency in which the capital was originally invested or in any other convertible currency agreed by the investor and the Contracting Party concerned. Unless otherwise agreed to by the investor, transfers shall be made at the rate of Exchange applicable on the date of transfer pursuan to the exchange regulations in force. Article 7 the Exception provision of this agreement relative to the grant of treatment not less than that accorded favourabl to the Dodgers or the companies of either Contracting Party or of any third State shall not be construed so as to comp one Contracting Party to extend to the nationals or companies of the other the benefit of any treatment, preference or privilege resulting from : (a) any existing or future customs union or similar international agreement to which either of the Contracting Parties is or may become a party, or (b) any international agreement relating wholly or mainly to or through their domestic legislation relating wholly or any taxation or mainly to taxation. Preferred article 8 reference to International Centre for settlement of investment Dispute (1) Each Contracting Party hereby consent to submit to the International Centre for the settlement of investment Dispute (hereinafter referred to as "the Centre") for settlement by arbitration under the ACAS or Convention on the settlement of investment Dispute between the States and nationals of Other States opened for signature at Washington on 18 March 1965 in any legal dispute arising between that Contracting Party and a national or company of the other Contracting Party concerning an investment of the latter in the territory of the former. (2) A company which is incorporated or constituted under the law in force in the territory of one Contracting Party and in which a dispute such «arise before the majority of shares is owned by of with national or companies of the other Contracting Party shall in accordanc with article 25 (2) (b) of the Convention, be treated for the purpose of the Convention as a company of the other Contracting Party. (3) If any such dispute should «arise and agreement cannot be reached within three months, between the parties to this dispute through the pursuit of local remedies or otherwise, then, if the national or company affected also consent in writing to submit the dispute to the Centre for settlement by arbitration under the ACAS or Convention, either party may institute proceedings by addressing a request to that effect to the Secretary-General of the Center, as provided in articles 28 and 36 the Convention. In the event of disagreemen as it is the whethers or Acas arbitration more appropriate procedure the national or company affected shall have the right to choose. The Contracting Party which is a party to the dispute shall not raise as an objection at any stage of the proceedings or enforcement of an award for the fact that the national or company which is the other party to the dispute has received in pursuanc of an insurance contract an indemnity in respect of some or all of his or its loss. (4) No Contracting Party shall pursu ither through the diplomatic channel any dispute referred to the centre unless: (a) the Secretary-General of the Centre, or a commission or an Acas CAs tribunal constituted by it, decide that the of the dispute is not within the jurisdiction of the Centre, or (b) the other Contracting Party should file their abid to comply with by or any award rendered by CAS UN tribunal. Alternative article 8 settlement of the Dispute between an Investor and a host State (1) a national or company of a disputation between one Contracting Party and of the other Contracting Party concerning an obligation of the latter under this agreement in relations to an investment of the former which have not been settled amicably shall, after a period of three months from the written notification of a claim be submitted to international arbitration, if the national or company concerned so wishes. (2) where the dispute is referred to international arbitration, the national or company and the Contracting Party concerned in the dispute may agree to refer the dispute either to: (a) the International Centre for the settlement of investment Dispute (having regard to the provision, where applicable, of the Convention on the settlement of investment Dispute between the States and nationals of other States , opened for signature at Washington on 18 March 1965 in DC and the Additional Facility for the Administration of Acas, the Arbitration and fact-Finding proceedings); or (b) the Court of Arbitration of the International Chamber of Commerce; or (c) an international arbitrator or ad hoc arbitration tribunal to be appointed by a special agreement or establishment under the Arbitration Rules of the United Nations Commission on International Trade Law. If after a period of three months from the written notification of the claim there is no agreement to one of the above alternative procedure, the dispute shall at the request in writing of the national or company concerned, be submitted to arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law as then in force. The parties to the dispute may agree in writing to modify these rules. Article 9 of the Dispute between the Contracting Parties (1) the Dispute between the Contracting Parties concerning the interpretation or application of this agreement should, if possible, be settled through the diplomatic channel. (2) If a dispute between the Contracting Parties cannot be settled, it shall for the upon the request of either Contracting Party be submitted to an CAs tribunal. (3) the tribunal shall be constituted Such an CAs for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall be appoin one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the period specified in paragraph (3) of this article the cessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any appointments not cessary. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the President the cessary not appointments. If the Vice-President is a national of either Contracting Party or, if he is prevented from discharging the said function, the Member of the the International Court of Justice next in seniority who is a national of either Contracting Party NATO shall be invited to make the cessary appointments. (5) the tribunal shall reach its decision CAs by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, shall be binding and this award on both Contracting Parties. The tribunal shall it will determin own procedure. Article 10 (1) Subrogation If a Contracting Party or in one designated Agency ("the first Contracting Party ') makes a payment under an indemnity in respect of givens in an investment in the territory of the other Contracting Party (" the second Contracting Party "), the second Contracting Party shall recognize (a) the assignment to the first Contracting Party by law or by legal transactions of all the rights and claims of the party indemnified , and (b) that the Contracting Party is entitled to the first exercise such rights and enforce such claims by virtue of Subjugation, the same as the party indemnified exten. (2) the Contracting Party shall be entitled to first in all of their circumstanc (a) the same treatment in respect of the rights and claims acquired by it by virtue of the assignment, and (b) any payments received in pursuanc of those rights and claims, as the party indemnified was entitled to receive by virtue of this agreement in respect of the investment concerned and its related returns. (3) Any payments received in non-convertible currency by the first Contracting Party in pursuanc of the rights and claims acquired shall be freely available to the first Contracting Party for the purpose of meeting any expenditure incurred in the territory of the Contracting Party of the second. Article 12 Application of other rules If the provision of the law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to the present agreement contains rules, general or specific, entitling investments whethers by nationals or companies of the other Contracting Party to a treatment more than a favourabl is provided for by the present agreement , such rules shall to the exten the that they with more a favourabl prevails over the present agreement. Article 12 Territorial Extension At the time of signature of this agreement, ratification or at any time thereafter, the provision of this agreement may be extended to such territories for whose international relations the Government of the United Kingdom with a responsible as may be agreed between the Contracting Parties in an exchange of notes. Article 13 Entry into force this Agreement shall enter into force on the day of signature or the Contracting Party shall notify Each other in writing of the completion of the required constitutional formalit to in it territory for the entry into force of this agreement. This agreement shall enter into force on the date of the latter of the two notifications or this Agreement shall be ratified and shall enter into force on the exchange of Instruments of Ratification article 14 Duration and Termination this Agreement shall remain in force for a period of ten years. Thereafter it shall continue in force until the expiration of twelve months from the date on which either Contracting Party shall have given written notice of termination to the other. Provided that in respect of investments made whilst the agreement is in force, it is a provision shall continue in effect with respect to such investments for a period of twenty years after the date of termination and without prejudice to the application thereafter of the rules of general international law. In witness whereof the undersigned, duly authorized by their Governments of the respectiv theret, have signed this agreement. Done in duplicate........... "this … … …. day of … … …. 19........in the English and Latvian languages, both texts being equally authoritativ.

For the Government of the United Kingdom of Great Britain and Northern Ireland For the Government of the Republic of Latvia agreement between the Government of the Republic of LATVIA and the United Kingdom of Great Britain and Northern Ireland Governments on the promotion and protection of investments the Government of the Republic of Latvia and the United Kingdom of Great Britain and Northern Ireland Government (hereinafter referred to as the ' contracting parties '), desirous of creating favourable conditions for citizens of one country and the biggest investment firms in the territory of the other; Recognizing that the promotion and reciprocal investment protection will stimulate private business initiatives and increase the prosperity of the two countries; agreed on the following: 1. the article explanations of terms in this agreement: (a) the term "investment" means any property, including, but not only: (I) movable and immovable property and any other property rights such as mortgages, and guarantee the right of the claim; (II) the company's shares and shares or any other form of participation in a company; (Iii) a claim for payment or any other execution of a financial value in accordance with the contract; (IV) intellectual property rights, goodwill, technical processes and know-how; (V) the concession in accordance with the laws and contracts, including concessions to search for natural resources, cultivation, acquisition and use. Changes to the form in which it was invested in property, it will not affect the nature of the investment and the term "investment" includes all investments, whether they are committed before or after the entry into force of this agreement. (b) the term "income" means the funds incurred in connection with investments, including earnings, interest, capital gains, dividends, royalties and royalties; (c) the term "nationals" means (I) in relation to the United Kingdom: natural persons who are nationals of the United Kingdom in accordance with the laws in force; (II) as regards the Republic of Latvia-physical persons who are citizens of the Republic of Latvia. (d) the term "company" means: (I) in relation to the United Kingdom: corporations, firms and associations in accordance with the laws in force are included or create in any part of the United Kingdom or in any other area to which this agreement applies in accordance with the provisions of article 12; (II) as regards the Republic of Latvia: any legal entity established in accordance with law, and whose principal business is in the territory of the Republic of Latvia; (e) the term "territory" means: (I) in relation to the United Kingdom: United Kingdom and Northern Ireland, including its territorial waters and maritime areas beyond uk territorial waters, in accordance with the laws of the United Kingdom in accordance with international law has been or may in the future be seen as the area where the United Kingdom may exercise the right to the depths of the sea, underground and in natural resources and any area covered by this agreement in accordance with the provisions of article 12; (II) as regards the Republic of Latvia: its sovereign territory to which, in accordance with international law, spreading its sovereign rights or jurisdiction. Article 2 promotion and protection of investments (1) each Contracting Party shall encourage and will create favourable conditions for nationals of the other Contracting Party and public capital investments in its territory and, in accordance with its laws, the adoption rights of such capital. (2) the nationals of each of the Contracting Parties or the public investments in the territory of the other Contracting Party will always provide honest and equitable treatment and full protection and security. No Contracting Party shall not in any case with the unjustified or discriminatory measures will not prevent the nationals of the other Contracting Party or public investment management, maintenance, use, transfer or use in its territory. Each Contracting Party shall observe any obligations it might have taken with regard to nationals of the other Contracting Party or public investment. Article 3 national treatment and most-favoured-nation (1) neither Contracting Party does not provide against the nationals of the other Contracting Party or public investment or income less favourable treatment as it is determined in relation to its citizens and the public investments or income or a third country citizens or corporations or investment income. (2) neither Contracting Party does not provide in its territory to the nationals of the other Contracting Party or public investment associated with this investment management, maintenance, use, or transfer of less favourable treatment as the mode that defined their own nationals or companies of a third country, or to nationals or companies. (3) for the avoidance of doubt, in paragraphs 1 and 2 fixed mode will apply to this agreement, 1.-the provisions of article 11. Article 4 compensation (1) the citizens of one of the Contracting Parties or companies which are investments in the territory of the other Contracting Party suffer losses owing to war or other armed conflict, revolution, State of emergency, revolt, revolt, rebellion, will be provided with treatment no less favourable, as laid down in relation to its own nationals or companies of any third country, or to nationals or companies in connection with the restitution, damages compensation or other rewards. Such payments will be freely transferable. (2) the conditions referred to in paragraph 1, the citizens of one of the Contracting Parties or companies under 1 situations referred to in paragraph suffers losses in the territory of the other Contracting Party resulting from (a) requisitioning of property carried out by their forces or authorities, or (b) the destruction of their property by the forces or authorities, which was not caused by and combat activities or situations of need, will be subject to restitution or compensation. Such payments will be freely transferable. Article 5 Expropriation (1) nationals of a Contracting Party or the public investment will not be nationalized, expropriated or subjected to a measure having equivalent effect of nationalization or expropriation (hereinafter referred to as "expropriation") in the territory of the other Contracting Party, except in the public interest to the performance associated with the ekspropriējoš side inner necessity, based on non-discriminatory conditions and providing prompt, adequate and effective compensation. Such compensation should be similar to the true value of the investment can be seized, which existed before the expropriation or what existed at the time on it became generally known to which of them would be before, and will include interest at normal commercial rates up to date, it will be done without delay, will be effectively realizable and freely transferable. Affected citizen or company will be entitled to immediate things check whether the assessment in accordance with the principles set out in this paragraph and the law of the Contracting Party that realizes it will take the expropriation and the party, the Court or some other independent body. (2) where the Contracting Party of the ekspropri public property included or created this party in accordance with the laws in force and in which the other Contracting Party to nationals or companies owned shares, it will ensure that the conditions of article will be applied to the extent necessary to ensure the prompt, adequate and effective compensation for the nationals of the other Contracting Party and public investment, which is the owner of the shares. Article 6 investment and repatriation of income of each Contracting Party shall provide the other contracting party nationals and corporations an unlimited investment and income transfers. Transfers will be made without delay in the convertible currency in which the capital was originally invested or in any other convertible currency agreed between the investor and the Contracting Party concerned. Transfer completion shall in no case exceed 3 months period. If the investor has not been otherwise agreed, the transfer will be made at the exchange rate on the day of transfer, determined in accordance with the applicable exchange regulations. Article 7 exceptions to This Contract terms for the treatment that is no less favourable than the regime that is assigned to one or other Contracting Party or any third State nationals or companies will not be construed as an obligation of one Contracting Party to extend to the other Contracting Party any treaty regimes, the benefits and privileges arising from (a) any existing or future Customs Union or other similar international agreement having a party or you can join one of the parties, or (b) any international treaty or agreement, which wholly or mainly apply to taxation or any internal legislation that wholly or mainly apply to taxation. Article 8 the International Investment Disputes Centre (1) each Contracting Party hereby agree to refer disputes to the International Investment Centre (hereinafter referred to as "the Centre"), to the conciliation or arbitration, in accordance with the 1965 g. March 18 Washington Convention on the settlement of investment disputes between States and nationals of other countries, resolve any legal dispute between one Contracting Party and other contracting party nationals or companies in connection with their investments in the first Contracting Party. (2) a company which has United or established in the territory of one of the Contracting Parties in accordance with applicable law and in which the dispute arose before, most of the shares owned by the other contracting party nationals or companies, in accordance with the Convention, 25 (2) (b) for the purposes of this Convention will be dealt with as a company of the other Contracting Party. (3) if such a dispute will arise and agreement between the parties to the dispute will not be reached with local features or otherwise within three months, then, if the affected citizens or companies agree to submit the case in writing Center for conciliation or arbitration proceedings in accordance with the Convention, each Contracting Party may bring an action for the purpose of such request by writing to the Secretary General of the Centre in accordance with the provisions of the Convention and article 36 of 28. In the event of disagreement as to whether conciliation or arbitration is the most appropriate procedure, the affected citizen or company will have the right to choose. A Contracting Party which is a party to the dispute, in any proceedings or enforcement stage, as will not claim the fact that national or company, which is the other party to the dispute, shall receive remuneration under a contract of insurance in respect of part or all of the loss. (4) no Contracting Party does not address the diplomatic dispute, which will be handed to Center unless: (a) if the Secretary-General of the Centre or its established Conciliation Commission or the Arbitration Court decides that the dispute is not within the jurisdiction of the Centre, or (b) the other party will not or will not any judgment of the Court of arbitration. Article 9 disputes between the Contracting Parties (1) disputes between Contracting Parties relating to the interpretation or application of this Agreement shall, whenever possible, be resolved in a diplomatic way. (2) where a dispute between the Contracting Parties, it is not possible to solve it at the request of a Contracting Party will be submitted to the Arbitration Court. (3) the arbitral tribunal will be established for each individual case in the following way: two months of the receipt of the request the arbitration, each Contracting Party shall appoint one member of the Court. These two members will choose a third country national who, after the approval of the parties will be appointed as the President of the Court of Justice. The Chairman will be appointed within two months after both of the above arbitration appointment date. (4) if the deficiencies referred to in paragraph 3 of article during the period of the appointment have been made necessary, each Contracting Party shall, if there is no other agreement, invite the President of the International Court of Justice to make the necessary appointment. If the President is a national of a Contracting Party or, if he is unable to perform these functions for some other reason, then the Vice President is asked to make the necessary appointment. If the Vice-President is a national of a Contracting Party or, if he is unable to perform these functions for some other reason, then the next appointment is made by the position in the International Court of Justice, a member who is not a citizen of one of the Contracting Parties. (5) the arbitral tribunal shall decide by majority vote. The decision will be binding on both Contracting Parties. Each Contracting Party shall bear the costs of its own Member and his participation in the arbitral proceedings; the Chairman and the remaining costs of the other parties will cover similar parts. However, the Court in its decision may indicate that most of the cost is to be borne by the Contracting Party and such decision will be binding on both Contracting Parties. The Court itself shall determine its own procedure. Article 10 the principle of Substitution (1) If a Contracting Party or its designated agency ("first party") make payments under the guarantees given in respect of investments in the territory of the other Contracting Party (the "second party"), the other party shall recognize: (a) all parties to the right of the guarantor and the transfer of the claim to the first Contracting Party, on the basis of laws or legal actions, and (b) that the first Contracting Party is authorised to use the right to apply the requirements of the investor and to the same extent as the guarantor. (2) the first Contracting Party under all circumstances have the same rights to (a) the same treatment in respect of the rights and claims acquired by it in connection with the award, and (b) any payments received in connection with these rights and requirements with respect to investments and related income, which guarantor party is entitled to receive under this agreement. (3) any charges which the first Contracting Party received convertible currency, in accordance with the acquired rights and requirements will be easily accessible to the first Contracting Party with the aim to pay for expenses in the territory of the other Contracting Party. Article 11 other provisions if the legislation of a Contracting Party of the conditions or obligations under the existing international legislation and supplemented in the future, who will join the two Contracting Parties, content rules-General or specific-which provides the citizens of the other party or the public investment in more favourable treatment than this contract, the following terms will prevail over this agreement to the extent that these conditions are more favourable. Article 12 territorial spread till the signing of this agreement, or at any later time, that agreement can be extended to the territories for the international relations of which is the responsibility of the Government of the United Kingdom, based on the agreement of the parties exchanging notes. Article 13 entry into force of the agreement each Contracting Party shall communicate in writing to the other party that the constitutional requirements relating to the entry into force of this agreement have been fulfilled. This agreement will enter into force on the date when the last of the two received notifications. Article 14 duration and termination this agreement will be in effect for 10 years. After this time it will remain in effect for 12 months from the date on which either contracting party notifies in writing of its intention to terminate it. For investments made during the operation of this agreement, the terms of the contract will be in force for another 20 years after its expiry date, and without the general application of the provisions of international law. This, according to authorized government representatives have signed this agreement. Contract in January 1994, London this twenty-fourth day in two originals in the English language.
The Government of the Republic of Latvia, the United Kingdom of Great Britain and Northern Ireland on behalf of the Government