Common use of Disputes between an Investor and a Contracting Party Clause in Contracts

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, or ii) An ad hoc tribunal set up under Arbitration Rules of the United Nations commission on International Trade Law (UNCI- TRAL). The appointing authority under the said rules shall be the Secretary-General of ICSID. If the parties to such a dispute have different opinions as to whether concilation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) Any arbitration shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, States provided both Contracting Parties have adhered to the said Convention; or ii) The Additional Facility of the Centre, if the Centre is not available under the Convention; or iii) An ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b25(2)(b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Party. (4) Any arbitration shall under the Additional Facility Rules or under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 19581958 (the New York Convention). (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre)) and for the purpose of the Additional Facility Rules, Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates provided both Contracting Parties have adhered to the said Convention, or ii) The Additional Facility of the Centre, if the Centre is not available under the Convention, or iii) An ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b25(2)(b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Party. (4) Any arbitration shall under the Additional Facility Rules or under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 19581958 (the New York Convention). (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), the Additional Facility Rules, Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) . Any dispute concerning an investment between an investor of one a Contracting Party and another Contracting Party aris- ing directly out of an investment by that investor in the territory of that other Contracting Party shall, if as far as possible, be settled amicablyamicably through consultations between the investor and that other Contracting Party. (2) . If any such dispute canthese consultations do not be settled result in a solution within six months following from the date on which the dispute has been raised by of request for consultations, the investor through written notification may submit the matter to one the following: a) the competent tribunal of the Contracting Party, each Contracting Party hereby consents to in whose territory the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora:investment was made; ib) The International Centre for Settlement of Investment Disputes (ICSID) fore settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other Statesother States (the “ICSID Convention”), orif this Convention is available and provided the State party to the dispute gives its consent under Article 25 of the ICSID Convention for that specific dispute; iic) An ad hoc tribunal set up arbitration under the Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL), provided the State party to the dispute gives its consent. The appointing authority under Once the said rules shall investor has submitted the dispute to the competent tribunal of the Contracting Party in whose territory the investment was made or the State party to the dispute has accepted that it be the Secretary-General of ICSID. If the parties submitted to such a dispute have different opinions as to whether concilation or arbitration is the more appropriate method of settlementinternational arbitration, the investor shall have election of one or the right to chooseother procedure will be final. 3. A company of a Contracting Party, which from the time of the events giving rise to the dispute until its submission for resolution under paragraph 2 above was an “investment of an inves- tor of another Contracting Party”, shall for the purposes of disputes concerning that invest- ment be considered an investor of another Contracting Party (3) For the purpose i.e. a “national or company of this Article and another Contracting State” under Article 25 (2) (b) of the said Washington ICSID Convention, any legal person ). 4. A Contracting Party which is constituted involved in any proceeding in accordance with the legislation of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest this Article shall be treated at no time whatsoever assert as a legal person of the other Contracting Party. (4) Any arbitration shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (6) In defense any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, counterclaim, counterclaim or right of set-off on the fact that the investor has received or for any other reason, that indemnification or other will receive compensation for all or part of the alleged damages has been received pursuant to under an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) 5. Any arbitral award rendered pursuant to this article Article shall be final and binding on the parties to the dispute. Each dispute and shall be executed without delay according to the national law of the Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such awardconcerned.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The the International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates provided both Contracting Parties have adhered to the said Convention, or ii) An the Additional Facility of the Centre, if the Centre is not available under the Convention, or iii) an ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b25(2)(b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Party. (4) Any arbitration shall under the Additional Facility Rules or under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 19581958 (the New York Convention). (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre)) and for the purpose of the Additional Facility Rules, Article 1 of the UNCITRAL Arbitration Rules and Article II I of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one the Contracting Party and the other Contracting Party shall, if possible, be settled amicablyby means of negotiations. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates provided both Contracting Parties have joined to the said Convention, or ii) The Additional Facility of the Centre, if the Centre is not available under the Convention, or iii) An ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) Any arbitration shall under the Additional Facility Rules or under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 19581958 (the New York Convention). (54) The consent given by each Contracting Party in paragraph Paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre)) and for the purpose of the Additional Facility Rules, Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (65) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (76) Any arbitral award rendered pursuant to this article Article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such an award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if shall as far as possible, be settled amicably. (2) If any such dispute cannot be settled within six months following from the date on which the dispute has been raised submitted by the investor through written notification and notified in writing to the Contracting Party, each Contracting Party hereby contracting party consents to the submission of submit the dispute, at the choice of the investor's choice, for resolution by international arbitration to one of at the following forafollowing: i) The International Centre for Settlement of Investment Disputes (ICSID) fore settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates provided that both contracting parties are attached to this Convention; or ii) The additional facility of the Centre), if the Centre is not available in accordance with the Convention, or iiiii) An ad hoc tribunal set up established under the Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRAL)UNCITRAL. The appointing the designating authority under the said in accordance with such rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose purposes of this Article article and Article article 25 (2) (b) Washington of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Partycontracting party. (4) Any arbitration shall under the Rules of the additional facilities or in accordance with the UNCITRAL Arbitration Rules of, at the request of any of the Parties to the dispute, be held in a state State that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, York on 10 June 10, 19581958 (the New York Convention). (5) The consent given by each Contracting Party contracting party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs this paragraph, shall constitute the written consent and written the agreement of the parties Parties to the dispute to its submission for settlement of disputes for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre)) and for purposes of the Additional Facility Rules, Article 1 article I of the UNCITRAL Arbitration Rules and Article article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, rely on as a defense, counterclaimdefence against demand, right of set-off to initiate or for any other reason, that other indemnification or other compensation for all or part of the alleged damages damage has been received pursuant to as a result of an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on for the parties to the in dispute. Each each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates provided both Contracting Parties have adhered to the said Convention, or ii) The Additional Facility of the Centre, if the Centre is not available under the Convention, or iii) An ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b25(2)(b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Party. (4) Any arbitration shall under the Additional Facility Rules or under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 19581958 (the New York Convention). (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre)) and for the purpose of the Additional Facility Rules, Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) . Any dispute concerning arising directly from an investment between an investor of one Contracting Party and an investor of the other Contracting Party shall, if possible, should be settled amicablyamicably between the two parties to the dispute. (2) . If any such the dispute canhas not be been settled within six three (3) months following from the date on which it was raised in writing, the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the disputemay, at the investor's choice, for resolution by international arbitration to one choice of the following forainvestor, be submitted to: i(a) The competent courts of the Contracting Party in whose territory the investment is made; or (b) Arbitration by the International Centre for Settlement of Investment Disputes (ICSID) fore settlement by conciliation or arbitration under ), established pursuant to the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other other States, opened for signature at Washington on 18 March 1965; or ii(c) An ad hoc arbitration tribunal set up to be established under the Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL); or (d) Any other previously accepted international ad hoc arbitration tribunal. 3. The appointing authority under An investor who has submitted the said rules shall be dispute to a national court may nevertheless have recourse to one of the Secretary-General arbitral proceedings mentioned in paragraphs 2 (b) to 2 (d) of ICSID. If this Article if, before a judgement has been delivered on the parties to such subject matter by a dispute have different opinions as to whether concilation or arbitration is the more appropriate method of settlementnational court, the investor shall have declares not to pursue the right to choosecase any longer through national proceedings and withdraws the case. (3) For the purpose of 4. Any arbitration under this Article and Article 25 (2) (b) shall, at the request of either party to the said Washington Conventiondispute, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) Any arbitration shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral AwardsAwards (New York Convention), done opened for signature at New York, York on 10 June 10, 1958. (5) The consent given by each Contracting Party in paragraph (2) and the submission . Claims submitted to arbitration under this Article shall be considered to arise out of the dispute by an investor under the said paragraphs shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement a commercial relationship or transaction for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), Article 1 of the UNCITRAL Arbitration Rules New York Convention. 5. Each Contracting Party hereby gives its consent to the submission of a dispute between it and Article II an investor of the United Nations Convention on other Contracting Party to international arbitration in accordance with the Recognition and Enforcement provisions of Foreign Arbitral Awards, done at New York, June 10, 1958. paragraphs 2(b) – (6d) In any proceeding involving an investment dispute, of this Article. No further written agreement between a Contracting Party shall not assert, as a defense, counterclaim, right of set-off or for any other reason, that indemnification or other compensation for all or part and an investor of the alleged damages has been received pursuant to an insurance or guarantee contract, but other Contracting Party is thus needed. 6. Neither of the Contracting Party may require evidence Parties, which is a party to a dispute, can raise an objection, at any phase of the arbitration procedure or of the execution of an arbitral award, on account of the fact that the compensating investor, which is the other party agrees to that the investor exercises dispute, has received an indemnification covering a part or the right to claim compensationwhole of its losses by virtue of an insurance. (7) Any arbitral . The award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each dispute and shall be executed in accordance with procedural law of the Contracting Party shall carry out without delay in whose territory the provisions of any such award and provide in its territory for the enforcement of such awardis executed.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: ia) To the competent courts of the Contracting Party in whose territory the investment is made; or b) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates provided both Contracting Parties have adhered to the said Convention, or iic) The Additional Facility of the Centre, if the Centre is not available under the Convention, or d) An ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-Secretary General of ICSID. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b25(2)(b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Party. (4) Any arbitration shall under the Additional Facility Rules or under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 19581958 (the New York Convention). (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre)) and for the purpose of the Additional Facility Rules, Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, or ii) An ad hoc tribunal set up under the Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under the said rules shall be the Secretary-General of ICSID. If the parties to such a dispute have different opinions as to whether concilation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) (b25(2)(b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) Any arbitration shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, contract but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article Article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Each Contracting Party hereby consents to submit, to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, or ii) An ad hoc tribunal set up under Arbitration Rules any such dispute which has not been settled within six months following the date on which notification of the United Nations commission on International Trade Law (UNCI- TRAL). The appointing authority under claim has been given to the said rules shall be other party to the Secretary-General of ICSIDdispute. If the parties to such a dispute have different opinions do not agree as to whether concilation resort to local remedies, conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and in accordance with Article 25 (2) (bB) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) If it is not expedient or possible to obtain settlement through the Centre itself, each Contracting Party hereby consents that the dispute, at the choice of the investor, shall be submitted for settlement by binding arbitration either to the Additional Facility of the Centre or to an ad hoc arbitral tribunal to be set up under the Arbitration rules of the United Nations Commission on International Trade law (UNCITRAL). The appointing authority under UNCITRAL rules shall be the Secretary-General of ICSID. (5) Any arbitration under paragraph (4) shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (5) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs shall constitute the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), Article 1 of the UNCITRAL Arbitration Rules and Article II of the United Nations Convention on the Recognition recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (6) The consent given by each Contracting Party in paragraph (2) and (4) and the submission of the dispute by the investor under the said paragraphs shall satisfy the requirements of: (a) Chapter II of the Washington Convention (Jurisdiction of the Centre) and the Additional Facility Rules for written consent of the parties to a dispute; (b) Article 1 of the UNCITRAL Arbitration Rules for an agreement in writing on referral to arbitration by the parties to a contract; and (c) Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York, June 10, 1958, for "an agreement in writing". (7) Any arbitral award rendered pursuant to this Article shall be final and binding on the parties to the dispute subject to its post award-rights under the arbitral system utilised. Each Contracting Party shall give effect to the provisions of such award and provide for the enforcement of such an award in its territory. (8) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defensedefence, 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. (9) Each Contracting Party hereby gives its consent to submit the dispute to arbitration as indicated above, but irrespective of whether local remedies have been exhausted or not, if the investor has chosen to settle the dispute through arbitration, and irrespective of whether an arbitration clause is included in an agreement (if any) which has been concluded between the Contracting Party may require evidence that the compensating party agrees to that and the investor exercises of the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on other Contracting Party, unless the parties to dispute has been resolved under the dispute. Each Contracting Party shall carry out without delay the dispute settlement provisions of in any such award and provide in its territory for the enforcement of such awardagreements.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Each Contracting Party hereby consents to submit to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, or ii) An ad hoc tribunal set up under Arbitration Rules of States any such dispute wich has not been settled within six months following the United Nations commission date on International Trade Law (UNCI- TRAL). The appointing authority under which the said rules shall be the Secretary-General of ICSIDdispute has been raised by either party. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose purposes of this Article and Article 25 (2) (b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation laws of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) Each Contracting Party hereby consents that the dispute, at the choice of the investor, also may be submitted for settlement by binding arbitration to an ad hoc arbitral tribunal to be set up under the Arbitrartion Rules of the United Nations Commission on International Trade Law (UNCITRAL), subject to the following modifications or other modifications mutually agreed between the parties to the dispute: (5) Any arbitration under paragraph (4) of this Article shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (56) The consent given by each Contracting Party in paragraph (2) and (4) of this Article and the submission of the dispute by an investor under the said paragraphs shall constitute satisfy the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of requirement of: (a) Chapter II of the Washington Convention (Jurisdiction of the Centre), ) for written consent of the parties to a dispute; (b) Article 1 of the UNCITRAL Arbitration Rules and for an agreement in writing on referral to arbitration by the parties to a contract; and (c) Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (6) In any proceeding involving , for "an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensationagreement in writing". (7) An arbitral tribunal constituted pursuant to this Article shall reach its decisions on the basis of this Agreement, such rules of international law as may be applicable and the domestic law of the Contracting Party in which the investment in question is situated. (8) Any arbitral award rendered pursuant to this article Article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award. (9) In any proceeding involving an investment dispute, 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.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Each Contracting Party hereby consents to submit to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other StatesStates any such dispute which has not been settled within six months, or ii) An ad hoc tribunal set up under Arbitration Rules of following the United Nations commission date on International Trade Law (UNCI- TRAL). The appointing authority under which the said rules shall be the Secretary-General of ICSIDdispute has been raised by either party. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For If ICSID should not be available each Contracting Party hereby consents that the purpose of this Article and Article 25 (2) (b) dispute, at the choice of the said Washington Conventioninvestor, any legal person which is constituted in accordance with shall be submitted for settlement by binding arbitration either to the legislation Additional Facility of one Contracting Party and in which, before a dispute arises, ICSID or to an investor ad hoc arbitral tribunal to be set up under the Arbitration Rules of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting PartyUnited Nations Commission on International Trade law (UNCITRAL). (4) Any arbitration under paragraph (3) shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (5) The consent given by each Contracting Party in paragraph (2) and (3) and the submission of the dispute by an investor under the said paragraphs shall constitute satisfy the written consent and written agreement requirement of the parties to the dispute to its submission for settlement for the purposes of - (a) Chapter II of the Washington Convention (Jurisdiction of ICSID) and the Centre), Additional Facility Rules for written consent of the parties to a dispute; (b) Article 1 of the UNCITRAL Arbitration Rules and for an agreement in writing on referral to arbitration by the parties to a contract; and (c) Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958, for "an agreement in writing-. (6) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article Article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award. (7) In any proceeding involving an investment dispute, 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.

Disputes between an Investor and a Contracting Party. (1) Any For the purpose of solving any dispute concerning an investment with respect to investments between an investor of one a Contracting Party and investors of the other Contracting Party shallParty, if possible, be settled consultations will take place between the parties concerned with a view to solving the case amicably. (2) If any such dispute canWhere these consultations do not be settled result in a solution within six months following from the date on which the dispute has been raised by of a written request for settlement, the investor through written notification to the Contracting Party, each Contracting Party hereby consents to the submission of May submit the dispute, at the investor's its choice, for resolution by international arbitration to one settlement to: (i) the competent court of the following fora:Contracting Party in the territory of which the investment has been made, however, an investor's invocation of local remedies does not extinguish the right to international arbitration, neither is it a requirement to exhaust local remedies before invoking international arbitration; or i(ii) The the International Centre for Settlement of Investment Disputes (ICSID) fore settlement provided for by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington, on 18 th March, 1965; provided both Contracting Parties have adhered to the said Convention; or ii(iii) An an ad hoc tribunal set up which, unless otherwise agreed upon by the Parties to the dispute, shall be established under the Arbitration Rules of the United Nations commission on Commission of International Trade Law (UNCI- TRALUNCITRAL). The appointing authority under . (3) Each Contracting Party hereby consents to the said rules shall be the Secretary-General submission of ICSIDan investment dispute to international conciliation or arbitration as provided for in paragraph (2) of this Article. If the parties Parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (34) For the purpose of this Article and Article 25 (2) (b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, was controlled by an investor of the other Contracting Party held a predominant interest Party, shall be treated as a legal person national of the other Contracting Party. (45) Any arbitration shall under the UNCITRAL Arbitration Rules shall, at the request of either party to the dispute, be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Arbi Tral Awards, done at New York, June 10, 19581958 (the New York Convention). (56) The consent given by each Contracting Party in paragraph (23) and the submission of the dispute by an investor under the said paragraphs paragraph (2) shall constitute the written consent and written agreement of the parties Parties to the dispute to its submission for settlement for the purposes of Chapter II of the Washington Convention (Jurisdiction of the Centre), ) and for the purpose of Article 1 of the UNCITRAL Arbitration Rules rules and Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958York Convention. (67) In any proceeding involving an investment dispute, a The Contracting Party which is a party to the dispute shall not assert, at no time whatsoever during the procedures assert as a defensedefence, counterclaim, right of set-off or for any other reason, otherwise that indemnification the investor has received compensation under an insurance or other compensation for all guarantee contract covering the whole or part of the alleged damages has been received pursuant to an insurance incurred damage or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensationloss. (78) Once a dispute is submitted to international arbitration neither Contracting Party shall pursue the dispute through diplomatic channels unless the other Contracting Party does not abide by and comply with the award rendered by such an arbitration tribunal or the arbitration tribunal has decided that it has no jurisdiction in relation to the dispute in question. (9) Any arbitral award rendered pursuant to this article Article shall be final and binding on the parties Parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.

Disputes between an Investor and a Contracting Party. (1) Any dispute concerning an investment between an investor of one Contracting Party and the other Contracting Party shall, if possible, be settled amicably. (2) If any such dispute cannot be settled within six months following the date on which the dispute has been raised by the investor through written notification to the Contracting Party, each Each Contracting Party hereby consents to submit to the submission of the dispute, at the investor's choice, for resolution by international arbitration to one of the following fora: i) The International Centre for Settlement of Investment Disputes (ICSID) fore for settlement by conciliation or arbitration under the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other States, or ii) An States or to an ad hoc tribunal set up under Arbitration Rules of the United Nations commission Commission on International Trade Law (UNCI- TRALUNCITRAL), any such dispute which has not been settled within six months following the date, on which the dispute has been raised by either party. The appointing authority under If the said rules shall Centre should not be available the Secretary-General dispute, at the choice of ICSIDthe investor may also be submitted for settlement by binding arbitration to the Additional Facility of the Centre. If the parties to such a dispute have different opinions as to whether concilation conciliation or arbitration is the more appropriate method of settlement, the investor shall have the right to choose. (3) For the purpose of this Article and Article 25 (2) 2 (b) of the said Washington Convention, any legal person which is constituted in accordance with the legislation of one Contracting Party and in which, before a dispute arises, an investor of the other Contracting Party held a predominant interest shall be treated as a legal person of the other Contracting Party. (4) The appointing authority under the UNCITRAL Arbitration Rules shall be the President, the Vice-President or the next senior Judge of the International Court of Justice, who is not a national of either Contracting Party. The third arbitrator shall not be a national of either Contracting Party. (5) Any arbitration shall be held in a state that is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. (56) The consent given by each Contracting Party in paragraph (2) and the submission of the dispute by an investor under the said paragraphs paragraph shall constitute satisfy the written consent and written agreement of the parties to the dispute to its submission for settlement for the purposes of requirement of: (a) Chapter II of the Washington Convention (Jurisdiction of the Centre), ) and the Additional Facility Rules for written consent of the parties to a dispute; (b) Article 1 I of the UNCITRAL Arbitration Rules and for an agreement in writing on referral to arbitration by the parties to a contract; and (c) Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958, for "an agreement in writing". (67) Any arbitral award rendered pursuant to this Article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award. (8) In any proceeding involving an investment dispute, a Contracting Party shall not assert, as a defense, 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 pursuant to an insurance or guarantee contract, but the Contracting Party may require evidence that the compensating party agrees to that the investor exercises the right to claim compensation. (7) Any arbitral award rendered pursuant to this article shall be final and binding on the parties to the dispute. Each Contracting Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award.