Investor-state Dispute Settlement. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute.
Investor-state Dispute Settlement. 1. This Article shall apply to disputes between a Party and an investor of the other Party concerning an alleged breach of an obligation of the former under this Chapter which causes loss or damage to the investor or its investment.
2. The parties to the dispute shall initially seek to resolve the dispute by consultations and negotiations.
3. Where the dispute cannot be resolved as provided for under paragraph 2 within six (6) months from the date of a request for consultations and negotiations, then, unless the disputing investor and the disputing Party agree otherwise, or if the investor concerned has already submitted the dispute for resolution before the courts or administrative tribunals of the disputing Party, or if the dispute is already otherwise subject to other binding dispute settlement proceedings (excluding proceedings for interim measures of protection referred to in paragraph 5 below), the investor concerned may submit the dispute for settlement to:
(a) ICSID for conciliation or arbitration pursuant to Articles 28 or 36 of the ICSID Convention, if both Parties are parties to the ICSID Convention;
(b) arbitration under the UNCITRAL Arbitration Rules; or
(c) any other arbitration institution or under any other arbitration rules, if the disputing investor and the disputing Party agree.
4. Each Party hereby consents to the submission of a dispute to conciliation or arbitration under paragraphs 3(a) to 3(c) in accordance with the provisions of this Article, conditional upon10-10:
(a) the submission of the dispute to such conciliation or arbitration taking place within three (3) years of the time at which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment;
(b) the disputing investor providing written notice (“notice of intent”), which shall be submitted at least thirty (30) days before the claim is submitted, to the disputing Party of its intent to submit the dispute to such conciliation or arbitration and which:10-11
(i) states the name and address of the disputing investor and, where a claim is submitted on behalf of an enterprise, the name, address, and place of incorporation of the enterprise;
(ii) nominates either paragraph 3(a), 3(b) or 3(c) of this Article as the forum for dispute settlement (and, in the case of ICSID, nominates whether conciliation or arbitration is being sought);
Investor-state Dispute Settlement. The competent authorities of the Parties shall hold consultations with a view to determining whether Article 7.11 (Transfers) has been breached or whether the taxation measure in question has an effect equivalent to expropriation. Any tribunal that may be established in accordance with Article 7.19 (Investor-State Dispute Settlement) shall accept as binding the decision of the competent authorities under this paragraph.
Investor-state Dispute Settlement. 1. If a dispute concerning investment arises between two or more contracting Parties, it shall be settled amicably.
2. In the event of an investment dispute between two or more contracting Parties, they shall seek to resolve the dispute by a process of consultations and negotiations.
Investor-state Dispute Settlement. 1. Any dispute between investors of one Contracting Party and the other Contracting Party in connection with an investment in the territory of the other Contracting Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. The party intending to resolve such dispute through negotiations shall give written notice to the other party of its intention.
2. Where the dispute cannot be settled amicably as provided for under paragraph 1 within six (6) months from the date of request for negotiations, then unless the disputing investor and the disputing Contracting Party agree otherwise, the investor concerned may submit the dispute for settlement to:
a. a competent court of the Contracting Party in whose territory the investment has been made;
b. the International Centre for the Settlement of Investment Disputes ("the ICSID") established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("the Convention"), opened for signature in Washington on 18 March 1965 provided that the Contracting Parties are both parties to the Convention',
c. an arbitration tribunal established ad hoc in accordance with the Arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL); or
d. any other arbitral institutions or in accordance with any other arbitral rules, provided the parties to the dispute agree to do so.
3. For this purpose, each Contracting Party hereby irrevocably consents to the investor's decision to submit a dispute to arbitration. Such consent shall be understood to satisfy the requirements of Article 25 of the Convention.
4. In taking its decision, the arbitration tribunal shall take into account all relevant factors including, the provisions of this Agreement, the applicable laws and regulations of the Contracting Party involved in the dispute, the rules of conflict of laws which the arbitration tribunal considers applicable, the terms of any specific agreement concluded in the relation to the particular investment involved and relevant principles of international law.
5. The decisions of the arbitration shall be definitive and binding for the parties of disputes, and the parties shall recognize and execute them.
Investor-state Dispute Settlement. Article 9.15. Scope of Investor-state Dispute Settlement (12)
1. This Section shall apply to investment disputes between a Party and an investor of the other Party concerning a claim that the former Party has breached an obligation under Section A, other than Articles 9.11 through 9.14 and the breach has caused loss or damage, by reason of, or arising out of, that breach to:
(a) the investor in relation to its covered investments; or
(b) the covered investment that has been made by that investor, relating to the management, conduct, operation or sale or other disposition of a covered investment.
2. A natural person possessing the nationality or citizenship of a Party shall not pursue a claim against that Party under this Chapter.
Investor-state Dispute Settlement. 1. This Article shall apply to investment disputes between a Party and an investor of the other Party concerning an alleged breach of Article 7.4, Article 7.5, Article 7.6, Article 7.7, Article 7.9, Article 7.11 and Article 7.12 which causes loss or damage by reason of, or arising out of, that breach to:
(a) the investor in relation to its covered investments; or
(b) the covered investment that has been made by that investor, relating to the management, conduct, operation or sale or other disposition of a covered investment.
2. An investment may not make a claim under this Article.
3. Without prejudice to the scope of any applicable exceptions, non-conforming measures, principles of international law or the disputing Party's ability to rely on such exceptions, non-conforming measures or principles of international law during the proceedings, no claim may be brought under this Article:
(a) in relation to an alleged breach of Most-Favored-Nation treatment as referred to in Article 7.5 on the basis that another international agreement contains more favorable rights or obligations. For greater certainty, this shall not prevent a claim challenging measures of a Party, including measures taken pursuant to another international agreement, on the basis that those measures breach Article 7.5 and have resulted in loss or damage to the disputing investor;
(b) in relation to a measure that is designed and implemented to protect or promote public health; (27)
(c) in relation to an investment that has been established through illegal conduct including fraudulent misrepresentation, concealment or corruption. For greater certainty, this exclusion does not apply to investments established through minor or technical breaches of law;
(d) in relation to investment disputes which have occurred prior to the entry into force of this Agreement;
(e) if the claim is frivolous or manifestly without merit;
(f) by a natural person possessing the nationality or citizenship of a disputing Party.
4. In the event of an investment dispute arising under this Article, the disputing parties shall as far as possible resolve the dispute through consultation and negotiation, a request of which shall be made in writing, with a view towards reaching an amicable settlement.
5. The written request for consultations shall contain information regarding the legal and factual basis for the investment dispute, including the name and address of the disputing investor, the provisions of this Agreement alle...
Investor-state Dispute Settlement. One of the major grounds for concern around the TPPA is that foreign investors could sue the New Zealand government for compensation in secretive international tribunals over new laws or policies which they claim would significantly hurt their investments. This would mean that foreign banks, insurance companies and money traders from the other 10 countries — especially the US — could challenge new financial regulations introduced to defend the New Zealand economy from speculation. The past experience of some TPPA countries makes them very nervous about restrictions on capital controls and they have proposed limited exceptions and emergency powers allowing their use. The United States opposes these exceptions, even in a balance of payments emergency. Despite deregulation, New Zealand still has some legal capacity to protect ourselves in a financial crisis, and we should not trade this away. Our government is elected by New Zealanders to look after our interests, and it should not have to answer to transnational corporations for introducing measures designed to protect and grow our economy. “Does the TPPA sound like something New Zealand should be a part of?” Act now! • Email the Prime Minister9 • Sign the petition10 • Spread the news11
Investor-state Dispute Settlement. 1. This Article shall apply to disputes between a Party and an investor of the other Party concerning an alleged breach of an obligation of the former under this Chapter which causes loss or damage to the investor or its investment.
2. The parties
3. Where the dispute cannot be resolved as provided for under paragraph 2 within six (6) months from the date of a request for consultations and negotiations, then, unless the disputing investor and the disputing Party agree otherwise, or if the investor concerned has already submitted the dispute for resolution before the courts or administrative tribunals of the disputing Party, or if the dispute is already otherwise subject to other binding dispute settlement proceedings (excluding proceedings for interim measures of protection referred to in paragraph 5 below), the investor concerned maysubmit the dispute for settlement to: (a) ICSID for conciliation or arbitration pursuant to Articles 28 or 36 of the ICSID Convention, if both Parties are parties to the ICSIDConvention;
Investor-state Dispute Settlement
