Common use of Conditions Precedent to Submission of a Claim to Arbitration Clause in Contracts

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 only if: (a) the investor and, where a claim is made under Article 21(2), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(2), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall would be Hong Kong, if the capital of Hong Kong Special Administrative Region is the respondent Party, and Ottawa, if Canada is the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 20 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(120(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, including those under any agreement between a non-Party and the disputing Party, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(220(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, including those under any agreement between a non-Party and the disputing Party, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and in an attempt to settle a claim amicably before an a disputing investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations Consultations shall be held within 60 30 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c), unless the disputing parties otherwise agree. The place of consultation shall be the capital of the respondent disputing Party, unless the disputing parties otherwise agree. 2. An A disputing investor may submit a claim to arbitration under Article 21 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) 1. the disputing investor and, where a claim is made under paragraph 2 of Article 21(220 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) 2. at least six months have elapsed since the events giving rise to the claim; (c) 3. the disputing investor has delivered to the respondent disputing Party a written notice of its intent to submit a claim to arbitration (Notice of Intent) at least 90 days prior to submitting the claim, which notice . The Notice of Intent shall specify: (i) 1. the name and address of the disputing investor and, where a claim is made under paragraph 2 of Article 21(220 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise,; (ii) 2. the provisions of this Agreement alleged to have been breached and any other relevant provisions,; (iii) 3. the legal issues and the factual basis for the claim, including the measures at issue, ; and (iv) 4. the relief sought and the approximate amount of damages claimed; (d) ; 4. the disputing investor has delivered evidence establishing that it is an investor of the other Party with its notice Notice of intent to submit a claim to arbitration under subparagraph 2(c);Intent; And (e) 5. in the case of a claim submitted under paragraph 1 of Article 21(120 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) 1. not more than three years have elapsed from the date on which the disputing investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the disputing investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, ; and (iii) if 2. the disputing investor and, where the claim is for loss or damage to an interest in an enterprise of the respondent disputing Party that is a juridical person that the disputing investor owns or controls directly or indirectly, the enterprise waives enterprise, waive their right to initiate or continue before any administrative tribunal or court under the right law of any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Party that is alleged to be a breach referred to in Article 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under subparagraph (ii)the law of the disputing Party; (f) 6. in the case of a claim submitted under paragraph 2 of Article 21(220 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) 1. not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, ; and (ii) 2. both the disputing investor and the enterprise waive their right to initiate or continue before an any administrative tribunal or court under the domestic law of a any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the respondent disputing Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), (iii) and 2(f)(ii) do not apply to except for proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the disputing Party. 43. The disputing investor or the enterprise shall deliver the A consent and waiver required under paragraph 2 shall be delivered to the respondent disputing Party and the investor shall include them be included in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii2(e)(ii) or 2(f)(ii) is shall not be required if the respondent where a disputing Party has deprived the disputing investor of control of the an enterprise. 4. In addition to satisfying the conditions precedent listed in paragraph 2, a disputing investor may submit a claim to arbitration under Article 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) with respect to a taxation measure only if: 1. the disputing investor provides a copy of the notice of claim to the taxation authorities of the Parties; and 2. six months after receiving notification of the claim by the disputing investor, the taxation authorities of the Parties fail to reach a joint determination that the measure does not breach the relevant provisions of this Agreement. 5. If, in connection with a claim by a disputing investor of a Party or a dispute between the Parties, an issue arises as to whether a measure of a Party is a taxation measure, a Party may refer the issue to the taxation authorities of the Parties. A decision of the taxation authorities shall bind any Tribunal formed pursuant to Section C (Settlement of Disputes between an Investor and the Host Party) or arbitral panel formed pursuant to Section D (State-to-State Dispute Settlement Procedures). A Tribunal or arbitral panel seized of a claim or a dispute in which the issue arises may not proceed pending receipt of the decision of the taxation authorities. If the taxation authorities have not decided the issue within six months of the referral, the Tribunal or arbitral panel shall itself decide the issue. 6. The taxation authorities seized of an issue under paragraphs 4 and 5 may agree to modify the time period allowed for their consideration of the issue.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and in an attempt to settle a claim amicably before an a disputing investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations Consultations shall be held within 60 90 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c)arbitration, unless the disputing parties otherwise agree. The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An A disputing investor may submit a claim to arbitration under Article 21 20 (Claim by an Investor of a Party) only if: (a) the disputing investor and, where a claim is made under Article 21(2), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months 180 days have elapsed since the events giving rise to the claim; (c) the disputing investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 180 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(2), the name and address of the enterprisedisputing investor, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal issues and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the disputing investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph paragraph 2(c);; and (e) in the case of a claim submitted under Article 21(120(1) (Claim by an Investor of a Party): (i) not more than three years have elapsed from the date on which the disputing investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the disputing investor has incurred loss or damage thereby,; and (ii) the disputing investor waives its and, where the claim is for loss or damage to an interest in an enterprise of the other Party that is a juridical person that the disputing investor owns or controls directly or indirectly, the enterprise waive their right to initiate or continue before an any administrative tribunal or court under the domestic law of a any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, and 20 (iii) if the claim is for loss or damage to Claim by an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law Investor of a Party, or other dispute settlement procedures, ) except for proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the respondent Party. 43. The disputing investor or the enterprise shall deliver the A consent and waiver required under paragraph 2 shall be delivered to the respondent Party and the investor shall include them be included in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and in an attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agreeagree otherwise. 2. An investor may submit a claim to arbitration under Article 21 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under paragraph 2 of Article 21(220 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under paragraph 2 of Article 21(220 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under paragraph 1 of Article 21(120 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent other Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under sub-subparagraph (ii);; and (f) in the case of a claim submitted under paragraph 2 of Article 21(220 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs Sub-subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under sub-subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and in an attempt to settle a claim amicably before an a disputing investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations Consultations shall be held within 60 30 days of the submission of the notice Notice of intent Intent to submit Submit a claim Claim to arbitration under subparagraph 2(c)Arbitration, unless the disputing parties otherwise agree. The place of consultation shall be the capital of the respondent disputing Contracting Party, unless the disputing parties otherwise agree. 2. An A disputing investor may submit a claim to arbitration under Article 21 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the disputing investor and, where a claim is made under paragraph 2 of Article 21(2)20, the enterprise, enterprise consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the disputing investor has delivered to the respondent disputing Contracting Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i1) the name and address of the disputing investor and, where a claim is made under paragraph 2 of Article 21(2)20, the name and address of the enterprise,; (ii2) the provisions of this Agreement alleged to have been breached and any other relevant provisions,; (iii3) the legal issues and the factual basis for the claim, including the measures at issue, ; and (iv4) the relief sought and the approximate amount of damages claimed; (d) the disputing investor has delivered evidence establishing that it is an investor of the other Party with its notice Notice of intent Intent to submit Submit a claim Claim to arbitration Arbitration under subparagraph 2(c);; and (e) in the case of a claim submitted under paragraph 1 of Article 21(1):20: (i1) not more than three years have elapsed from the date on which the disputing investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the disputing investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, ; and (iii2) if the disputing investor and, where the claim is for loss or damage to an interest in an enterprise of the respondent other Party that is a juridical person that the disputing investor owns or controls directly or indirectly, the enterprise waives waive their right to initiate or continue before any administrative tribunal or court under the right law of a Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach referred to in Article 20, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under subparagraph (ii)the law of the disputing Contracting Party; (f) in the case of a claim submitted under paragraph 2 of Article 21(2):20: (i1) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, ; and (ii2) both the disputing investor and the enterprise waive their right to initiate or continue before an any administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, any proceedings with respect to the measure of the respondent disputing Contracting Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii)20, (iii) and 2(f)(ii) do not apply to except for proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the disputing Contracting Party. 43. The disputing investor or the enterprise shall deliver the A consent and waiver required under paragraph 2 shall be delivered to the respondent disputing Contracting Party and the investor shall include them be included in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii2(e)(2) or 2(f)(ii2(f)(2) is shall not be required if the respondent disputing Contracting Party has deprived the investor of control of the an enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Contracting Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 23 (Claim by an Investor of a Contracting Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under paragraph 2 of Article 21(223 (Claim by an Investor of a Contracting Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Contracting Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: : o (i) the name and address of the investor and, where a claim is made under paragraph 2 of Article 21(223 (Claim by an Investor of a Contracting Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, , o (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, , o (iii) the legal and the factual basis for the claim, including the measures at issue, and and o (iv) the relief sought and the approximate amount of damages claimed; ; • (d) the investor has delivered evidence establishing that it is an investor of the other Contracting Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and in an attempt to settle a claim amicably before an a disputing investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations Consultations shall be held within 60 30 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c), unless the disputing parties otherwise agree. The place of consultation shall be the capital of the respondent disputing Party, unless the disputing parties otherwise agree. 2. An A disputing investor may submit a claim to arbitration under Article 21 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) 1. the disputing investor and, where a claim is made under paragraph 2 of Article 21(220 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) 2. at least six months have elapsed since the events giving rise to the claim; (c) 3. the disputing investor has delivered to the respondent disputing Party a written notice of its intent to submit a claim to arbitration (Notice of Intent) at least 90 days prior to submitting the claim, which notice . The Notice of Intent shall specify: (i) 1. the name and address of the disputing investor and, where a claim is made under paragraph 2 of Article 21(220 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise,; (ii) 2. the provisions of this Agreement alleged to have been breached and any other relevant provisions,; (iii) 3. the legal issues and the factual basis for the claim, including the measures at issue, ; and (iv) 4. the relief sought and the approximate amount of damages claimed; (d) ; 4. the disputing investor has delivered evidence establishing that it is an investor of the other Party with its notice Notice of intent to submit a claim to arbitration under subparagraph 2(c);Intent; and (e) 5. in the case of a claim submitted under paragraph 1 of Article 21(120 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) 1. not more than three years have elapsed from the date on which the disputing investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the disputing investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, ; and (iii) if 2. the disputing investor and, where the claim is for loss or damage to an interest in an enterprise of the respondent disputing Party that is a juridical person that the disputing investor owns or controls directly or indirectly, the enterprise waives enterprise, waive their right to initiate or continue before any administrative tribunal or court under the right law of any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Party that is alleged to be a breach referred to in Article 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under subparagraph (ii)the law of the disputing Party; (f) 6. in the case of a claim submitted under paragraph 2 of Article 21(220 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) 1. not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, ; and (ii) 2. both the disputing investor and the enterprise waive their right to initiate or continue before an any administrative tribunal or court under the domestic law of a any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the respondent disputing Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), (iii) and 2(f)(ii) do not apply to except for proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the disputing Party. 43. The disputing investor or the enterprise shall deliver the A consent and waiver required under paragraph 2 shall be delivered to the respondent disputing Party and the investor shall include them be included in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii2(e)(ii) or 2(f)(ii) is shall not be required if the respondent where a disputing Party has deprived the disputing investor of control of the an enterprise. 4. In addition to satisfying the conditions precedent listed in paragraph 2, a disputing investor may submit a claim to arbitration under Article 20 (Claims by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) with respect to a taxation measure only if: 1. the disputing investor provides a copy of the notice of claim to the taxation authorities of the Parties; and 2. six months after receiving notification of the claim by the disputing investor, the taxation authorities of the Parties fail to reach a joint determination that the measure does not breach the relevant provisions of this Agreement. 5. If, in connection with a claim by a disputing investor of a Party or a dispute between the Parties, an issue arises as to whether a measure of a Party is a taxation measure, a Party may refer the issue to the taxation authorities of the Parties. A decision of the taxation authorities shall bind any Tribunal formed pursuant to Section C (Settlement of Disputes between an Investor and the Host Party) or arbitral panel formed pursuant to Section D (State-to-State Dispute Settlement Procedures). A Tribunal or arbitral panel seized of a claim or a dispute in which the issue arises may not proceed pending receipt of the decision of the taxation authorities. If the taxation authorities have not decided the issue within six months of the referral, the Tribunal or arbitral panel shall itself decide the issue. 6. The taxation authorities seized of an issue under paragraphs 4 and 5 may agree to modify the time period allowed for their consideration of the issue.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 20 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(120(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent other Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(220(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) 1. the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) 2. at least six months have elapsed since the events giving rise to the claim; (c) 3. the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) 1. the name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) 2. the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) , 3. the legal and the factual basis for the claim, including the measures at issue, and (iv) 4. the relief sought and the approximate amount of damages claimed; (d) ; 4. the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) 5. in the case of a claim submitted under Article 21(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) 1. not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) , 2. the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) 3. if the claim is for loss or damage to an interest in an enterprise of the respondent other Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the The name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the The provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the The legal and the factual basis for the claim, including the measures at issue, and (iv) the The relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) not Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the The investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if If the claim is for loss or damage to an interest in an enterprise of the respondent other Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not Not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both Both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall would be Hong Kong, if the capital of Hong Kong Special Administrative Region is the respondent Party, and Ottawa, if Canada is the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 20 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: : O (i) the name and address of the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, , o (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, , O (iii) the legal and the factual basis for the claim, including the measures at issue, and and O (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1): 20(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): O (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, , O (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, including those under any agreement between a non-Party and the disputing Party, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2120 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and and o (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2): 20(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): O (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.o

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. Subject to the requirements of a Party as set out in Annex C.21, An investor may submit a claim to arbitration under Article 21 20 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) a. the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of anEnterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) b. at least six months have elapsed since the events giving rise to the claim; (c) c. the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) i. the name and address of the investor and, where a claim is made under Article 21(220(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of anEnterprise), the name and address of the enterprise, (ii) . the provisions of this Agreement alleged to have been breached and any other relevant provisions, (, iii) . the legal and the factual basis for the claim, including the measures at issue, and (iv) and Iv. the relief sought and the approximate amount of damages claimed; (d) ; d. the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21, and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 21. 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver include the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 90 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: (a) the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; (b) at least six months have elapsed since the events giving rise to the claim; (c) the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 90 days prior to submitting the claim, which notice shall specify: (i) the name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, (ii) the provisions of this Agreement alleged to have been breached and any other relevant provisions, (iii) the legal and the factual basis for the claim, including the measures at issue, and (iv) the relief sought and the approximate amount of damages claimed; (d) the investor has delivered evidence establishing that it is an investor of the other Party with its notice of intent to submit a claim to arbitration under subparagraph 2(c); (e) in the case of a claim submitted under Article 21(1):) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise}: (i) not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage thereby, (ii) the investor waives its right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise), and (iii) if the claim is for loss or damage to an interest in an enterprise of the respondent Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise waives the right referred to under subparagraph (ii); (f) in the case of a claim submitted under Article 21(2) (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise): (i) not more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage thereby, and (ii) both the investor and the enterprise waive their right to initiate or continue before an administrative tribunal or court under the domestic law of a Party, or other dispute settlement procedures, proceedings with respect to the measure of the respondent Party that is alleged to be a breach referred to in Article 2121 (Claim by an Investor of a Party on its Own Behalf or on Behalf of an Enterprise). 3. Subparagraphs 2(e)(ii), (iii) and 2(f)(ii) do not apply to proceedings before a judicial or administrative tribunal or court under the domestic law of the respondent Party for injunctive, declaratory or other extraordinary relief, not involving the payment of damages. 4. The disputing investor or the enterprise shall deliver the consent and waiver required under paragraph 2 to the respondent Party and the investor shall include them in the submission of a claim to arbitration. A waiver from the enterprise under subparagraphs 2(e)(iii) or 2(f)(ii) is not required if the respondent Party has deprived the investor of control of the enterprise.