Treaty Series Recueil des Traites - United Nations Treaty Collection ...

Volume 2223, 1-39521
(c) in connection with criminal offences and orders or judgements in administrative
and adjudicatory proceedings;
provided that such measures and their application shall not be used as a means of
avoiding the Contracting Party's commitments or obligations under the Agreement.
6. In case of serious balance of payments difficulties or the threat thereof, each Contracting
Party may temporarily, but only for a period not exceeding twelve months, restrict
transfers of proceeds from the total or partial liquidation of investments, including gains or
increases in the invested capital. These restrictions would be imposed on an equitable, nondiscriminatory
and in good faith basis.
Article 7. Subrogation
If a Contracting Party or its designated agency makes a payment under an indemnity,
guarantee or contract of insurance against non-commercial risks given in respect of an investment
by an investor in the territory of the other Contracting Party, the latter Contracting
Party shall recognise the assignment of any right or claim of such investor to the former
Contracting Party or its designated agency and the right of the former Contracting Party or
its designated agency to exercise by virtue of subrogation any such right or claim to the
same extent as its predecessor in title.
However, in case of a dispute, only the investor or a privately owned legal person to
which the Contracting Party or its designated agency has assigned its rights may initiate, or
participate in proceedings before a national tribunal or submit the case to international arbitration
in accordance with the provisions of Article 10 of this Agreement.
Article 8. Applicable Regulations
If an issue relating to investments is covered both by this Agreement and by the national
legislation of one Contracting Party or by international conventions, existing or subscribed
to by the Parties in the future, the investors of the other Contracting Party shall be
entitled to avail themselves of the provisions that are the most favourable to them.
Article 9. Specific Agreements
Each Contracting Party shall observe any other obligations it has assumed in writing,
with regard to investments in its territory by investors of the other Contracting Party. Disputes
arising from such obligations shall be settled under the terms of the specific agreement
underlying the obligations.