China - United Arab Emirates BIT (1993)
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3. With Respect to Article 5:

The principle of non-discrimination applicable to compensation for loss owing to the events stated in Paragraph (2) of Article 5 of this Agreement shall be applied to all investors regardless of their nationalities.

4. With Respect to Article 6:

(a) If the original investment was undertaken in United States Dollars, then the compensation shall include interest at the current LIBOR rate of interest from the date of expropriation, nationalization or similar measures until the date of payment.

(b) If a compulsory sale of investment occurs by a host State then the losses arising from such action will be compensated pursuant to the set of procedures of Article 6.

5. With Respect to Article 7:

The transfers referred to in Article 7 of this Agreement shall mean the transfers which shall be made from the foreign exchange deposit account in the People's Republic of China of investors of the United Arab Emirates in accordance with the foreign exchange control regulations of the People's Republic of China.

When an investor of the United Arab Emirates does not have sufficient foreign exchange for the transfer, the Government of the People's Republic of China shall provide foreign exchange for the transfer of:

(1) The payment for copyrights, trademarks, patents and other industrial property rights, know-how, trade names and technical assistance and technical service related to investments undertaken by investors of the United Arab Emirates.

(2) The proceeds accruing from the total or partial liquidation of any investment made by investor of the United Arab emirates and compensation referred to in Paragraph (2) of Article 5 and article 6 of this Agreement.

(3) The funds mentioned in Paragraph (1-c) of Article 7 of this Agreement if such funds are graranteed by the Bank of China.

(4) Returns accruing from investments by investors of the United Arab to the investors concerned to sell their products in domestic market of the People's Republic of China.

(5) The earnings of all employees who are allowed to work in connection with an investment made by a United Arab Emirates investor in the territory of the People's Republic of China.

6. With Respect to Article 9:

(1) The disputes which may be referred to international arbitration under Paragraph (3) of Article 9 of this Agreement shall be the following:

(a) Disputes relating to the amount of compensation referred to in Article 6 and in Paragraph (2) of Article 5 of this Agreement;

(b) Any other investment dispute which may be agreed upon by both Contracting States to be submitted to arbitration;

(2) Article 9 of this Agreement shall be applied and interpreted by the two Contracting States in good faith and on mutual understanding to provide effective procedures for settlement of investment disputes of investors of the Contracting States.

(3) The Contracting States have agreed that when they both become parties to the Convention on the Settlement of Investment Disputes between States and National of other States open for signature at Washington on 18 March 1965, they will discuss the Possibility to submit the investment disputes to ICSID.

Signed in two originals at Abu Dhabi, this first day of July 1993, corresponding of 11th of Muharram 1414 A. H., in the Chinese, Arabic and English languages, all texts being equally authentic.

In case of divergency, the English text shall prevail.

For the Government of the People's Republic of China

Li Lanqing

Vice Premier of the State Council

For the Government of the United Arab Emirates

Sultan Bin Zayed Al Nahyan

Deputy Prime Minister

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