Article 15: Subrogation

(1)  If a Contracting Party or its designated agency (hereinafter referred to as the “Indemnifying Party”) makes a payment under an indemnity or guarantee given in respect of an Investment of an Investor (hereinafter referred to as the “Party Indemnified”) in the Area of another Contracting Party (hereinafter referred to as the “Host Party”), the Host Party shall recognise:

  • (a)  the assignment to the Indemnifying Party of all the rights and claims in respect of such Investment; and
  • (b)  the right of the Indemnifying Party to exercise all such rights and enforce such claims by virtue of subrogation.

(2)  The Indemnifying Party shall be entitled in all circumstances to:

  • (a)  the same treatment in respect of the rights and claims acquired by it by virtue of the assignment referred to in paragraph (1); and
  • (b)  the same payments due pursuant to those rights and claims,

as the Party Indemnified was entitled to receive by virtue of this Treaty in respect of the Investment concerned.

(3) In any proceeding under Article 26, a Contracting Party shall not assert as a defence, counterclaim, right of set-off or for any other reason, that indemnification or other compensation for all or part of the alleged damages has been received or will be received pursuant to an insurance or guarantee contract.