Common use of Means of Settlement, Time Periods Clause in Contracts

Means of Settlement, Time Periods. 1. An investor may choose to submit a dispute for resolution: a) to any competent courts or administrative tribunals of the Contracting Party to the dispute; b) in accordance with any applicable previously agreed dispute settlement procedure, or c) by arbitration in accordance with this Article under: i. the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the "ICSID Convention"), if the Contracting Party of the investor and the Contracting Party to the dispute are both parties to the ICSID Convention; ii. the Additional Facility Rules of the Centre for Settlement of Investment Disputes (“ICSID Additional Facility”), if the Contracting Party of the investor or the Contracting Party to the dispute, but not both, is a party to the ICSID Convention; or iii. the Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL”). 2. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Part. 3. A dispute may be submitted for resolution pursuant to paragraph 1. c), provided that six months for consultation or negotiation have elapsed since the events giving rise to the claim occurred and provided that the investor has delivered to the Contracting Party, party to the dispute, written notice of its intention to submit a claim to arbitration al least 90 days in advance, but not later than three years from the date the investor first acquired or should have acquired knowledge of the events which gave rise to the dispute. 4. The notice referred to in paragraph 3, shall specify: a) the name and address of both the disputing investor and its investment; b) the provisions of this Agreement alleged to have been breached and any other relevant provisions; c) the issues and the factual basis for the claim; and d) the relief sought and the approximate amount of damages claimed.

Means of Settlement, Time Periods. 1. An investor may choose to submit a dispute for resolution: a) to To any competent courts or administrative tribunals of the Contracting Party to the dispute; b) in In accordance with any applicable previously agreed dispute settlement procedure, or c) by By arbitration in accordance with this Article under: i. the The Convention on the Settlement of Investment Disputes between States and Nationals of other States (the "ICSID Convention"), if the Contracting Party of the investor and the Contracting Party to the dispute are both parties to the ICSID Convention; ii. the The Additional Facility Rules of the Centre for Settlement of Investment Disputes (“"ICSID Additional Facility”"), if the Contracting Party of the investor or the Contracting Party to the dispute, but not both, is a party to the ICSID Convention; or iii. the The Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL”"). 2. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Part. 3. A dispute may be submitted for resolution pursuant to paragraph 1. c), provided that six months for consultation or negotiation have elapsed since the events giving rise to the claim occurred and provided that the investor has delivered to the Contracting Party, party to the dispute, written notice of its intention to submit a claim to arbitration al least 90 days in advance, but not later than three years from the date the investor first acquired or should have acquired knowledge of the events which gave rise to the dispute. 4. The notice referred to in paragraph 3, shall specify: a) the The name and address of both the disputing investor and its investment; b) the The provisions of this Agreement alleged to have been breached and any other relevant provisions; c) the The issues and the factual basis for the claim; and and d) the The relief sought and the approximate amount of damages claimed.

Means of Settlement, Time Periods. (1) A dispute should, if possible, be settled by negotiation or consultation. An If it is not so settled, the investor may choose to submit a dispute it for resolutionresolution either: a) to any To the competent courts or administrative tribunals of the Contracting Party to the dispute;, or b) in In accordance with any applicable previously agreed dispute settlement procedure, or c) by arbitration in In accordance with this Article underto either: i. i) The International Centre for Settlement of Investment Disputes ("the Centre"), established pursuant to the Convention on of the Settlement of Investment Disputes between States and Nationals nationals of other States ("the "ICSID Convention"), if the both Contracting Party of the investor and the Contracting Party to the dispute Parties are both parties to the ICSID Convention;, or ii. ) The Centre under the rules governing the Additional Facility Rules for the Administration of Proceedings by the Secretariat of the Centre for Settlement of Investment Disputes (“ICSID Additional Facility”)Centre, if the only one Contracting Party of the investor or the Contracting Party to the dispute, but not both, is a party to the ICSID Convention; , orrules governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre, if only one Contracting Party is a party to the ICSID Convention, or iii. ) An ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL").Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL”"). (2. ) The applicable arbitration rules in paragraph 1, c) of this Article shall govern the arbitration except to the extent modified by this Partpart.paragraph 1, c) of this Article shall govern the arbitration except to the extent modified by this part. (3. ) A dispute may be submitted for resolution pursuant to paragraph 1. , c)) of this Article, provided that six months for consultation or negotiation have elapsed since the events giving rise to the claim occurred and provided that the investor has delivered to the Contracting Party, party to the dispute, written notice of its his intention to submit a claim to arbitration al at least 90 sixty days in advance, but not later than three four years from the date the investor first acquired or should have acquired knowledge of the events which gave rise to the dispute. 4. The notice referred to in paragraph 3, shall specify: a) the name and address of both the disputing investor and its investment; b) the provisions of this Agreement alleged to have been breached and any other relevant provisions; c) the issues and the factual basis for the claim; and d) the relief sought and the approximate amount of damages claimed.