Austria - Kyrgyzstan BIT (2016)
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Article 24. Awards

1) The arbitral tribunal, when making a binding decision, must clearly state its legal decision and facts along with the reasons accordingly and may, at the request of the Contracting Party, make a binding decision on the following forms of recovery:

A) a statement that the effect of a Contracting Party is contrary to the terms of its obligation under this Agreement;

B) a recommendation to the Contracting Party to bring its actions in line with the obligations under this Agreement;

C) financial compensation for all losses or damages to the investor of the Contracting Party or its investments; or

D) any other form of recovery to which the Contracting Party against which a binding decision was taken agrees, including restitution against the investor.

2) The arbitrator's decision is final and binding for the parties to the dispute.

Article 25. Costs

Each Contracting Party shall bear the costs of its representation in the proceedings. The expenses of the arbitral tribunal shall be paid equally by the Contracting Parties, unless the arbitral tribunal stipulates different amounts of payments.

Article 26. Enforcement

With respect to a decision to pay financial compensation that has not been completed within one year from the date of the decision, coercive measures may be taken by the court of the States of the Contracting Parties, according to the jurisdiction over the assets of the defaulting Party.

Chapter 3. Final Provisions

Article 27. Scope and Application of the Agreement

1) This Agreement applies to investments made on the territory of the State of the Contracting Party in accordance with its national law.

2) This Agreement does not apply to claims that have been settled or procedures in accordance with Article 14 (1) (c) that were put forward before the entry into force of this Agreement.

Article 28. Consultations

Each Contracting Party may invite the other Contracting Party to consult on any matter relating to this Agreement. The place and time of consultations are determined through diplomatic channels.

Agreement on the Promotion and Protection of Investments

Article 29. Amendments and Changes

By mutual agreement of the Contracting Parties, this Agreement may be amended and amended by a separate Protocol that enters into force in accordance with the provisions of Article 30 of this Agreement and is an integral part of this Agreement.

Article 30. Entry Into Force and Duration

1) This Agreement is subject to ratification and shall enter into force on the first day of the third (3) month following the month in which the exchange of instruments of ratification has occurred.

2) This Agreement is valid for ten (10) years and will automatically be renewed for subsequent ten-year periods if one of the Contracting Parties does not notify the other Contracting Party within twelve (12) months before the expiration of the next term of its intention to terminate it in writing Through diplomatic channels.

3) With respect to investments made before the expiry date of this Agreement, the provisions specified in Articles 1 to 29 of this Agreement may remain in force for a period of ten (10) years from the date of termination of this Agreement.

Conclusion

Done in Bishkek on April 22, 2016 in two copies in Kyrgyz, German, Russian and English, all texts are equally authentic. In the event of any disagreement in the interpretation of the provisions of this Agreement, the English text shall prevail.

For the Government of the Republic of Austria

Wolfgang Bányai

Ambassador

For the Government of the Kyrgyz Republic

Arzybek O. Kozhoshev

Minister of Economy

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