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 A disputing investor may submit a claim to arbitration under Article 22 (Claim by an Investor of a Party on Its Own Behalf) only if: (a) the investor consents 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) 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; (d) the investor has delivered the Notice of Intent required under Article 24 Notice of Intent to Submit a Claim to Arbitration), in accordance with the requirements of that Article, at least 90 days prior to submitting the claim; and (e) the investor 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 investor owns or controls directly or indirectly, the enterprise waive their right to initiate or continue before any administrative tribunal or court under the 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 22 (Claim by an Investor of a Party on Its Own Behalf), except for proceedings 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.

Conditions Precedent to Submission of a Claim to Arbitration. 1 1. A disputing investor may submit a claim to arbitration under Article 22 (Claim by an Investor of a Party on Its Own Behalf) only if: (a) the investor consents 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) 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; (d) the investor has delivered the Notice of Intent required under Article 24 (Notice of Intent to Submit a Claim to Arbitration), in accordance with the requirements of that Article, at least 90 days prior to submitting the claim; and (e) the investor 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 investor owns or controls directly or indirectly, the enterprise waive their right to initiate or continue before any administrative tribunal or court under the 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 22 (Claim by an Investor of a Party on Its Own Behalf), except for proceedings 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.

Conditions Precedent to Submission of a Claim to Arbitration. 1 . A disputing investor may submit a claim to arbitration under Article 22 (Claim by an Investor of a Party on Its Own Behalf) only if:Article 22 (Claim by an Investor of a Party on Its Own Behalf) only if: (a) the The investor consents to arbitration in accordance with the procedures set out in this Agreement; (b) at At least six months have elapsed since the events giving rise to the claim; (c) 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; (d) the The investor has delivered the Notice of Intent required under Article 24 (Notice of Intent to Submit a Claim to Arbitration), in accordance with the requirements of that Article, at least 90 days prior to submitting the claim; andArticle 24 (Notice of Intent to Submit a Claim to Arbitration), in accordance with the requirements of that Article, at least 90 days prior to submitting the claim; and (e) the The investor 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 investor owns or controls directly or indirectly, the enterprise waive their right to initiate or continue before any administrative tribunal or court under the 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 22 (Claim by an Investor of a Party on Its Own Behalf), except for proceedings 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.

Conditions Precedent to Submission of a Claim to Arbitration. 1 1. A disputing investor may submit a claim to arbitration under pursuant to Article 22 (Claim by an Investor of a Party on Its Own Behalf) 9.15 only if: (a) the disputing investor consents 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) 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; (d) the disputing investor has delivered the Notice of Intent required under Article 24 Notice of Intent to Submit a Claim to Arbitration), in accordance with the requirements of that Article, at least 90 days prior to submitting the claim9.17; and (e) the disputing investor 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 enterprise, waive their right to initiate or continue before any an administrative tribunal or court under the law domestic laws and regulations 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 paragraph 1 of Article 22 (Claim by an Investor of a Party on Its Own Behalf)9.15, except for proceedings for injunctive, declaratory or other extraordinary interim injunctive relief, not involving the payment of damages, before an administrative tribunal or court under the law domestic laws and regulations of the disputing Party.