Means of Settlement, Time Periods. (1) Such a dispute should, if possible, be settled by negotiation or consultation. If it is not so settled, the investor may choose to submit it for resolution: a) to the 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) in accordance with this Article to: i) the International Centre for Settlement of Investment Disputes (“the Centre”), established pursuant to the Convention of 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 Centre under the rules governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre, if the Contracting Party of the investor or the Contracting Party to the dispute, but not both, is a party to the ICSID Convention; iii) a sole arbitrator or an ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”); iv) the International Chamber of Commerce, by a sole arbitrator or an ad hoc tribunal under its rules of arbitration. (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 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 his intention to submit a claim to arbitration at least 60 days in advance, but not later than 4 years from the date the investor first acquired or should have acquired knowledge of the events which gave rise to the dispute.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Means of Settlement, Time Periods. (1) . Such a dispute should, if possible, be settled by negotiation or consultationthrough consultations. If it is not so settled, the investor may choose to submit it for resolution:
a) to the any competent courts or administrative tribunals of the Contracting Party Party, party to the dispute;
b) in accordance with any applicable previously agreed dispute settlement procedure, or
c) by arbitration in accordance with this Article tounder:
i) the International Centre for Settlement of Investment Disputes (“the Centre”), established pursuant to the Convention of on the Settlement of Investment Disputes between States and nationals Nationals of other States done at Washington on 18 March 1965 (“the "ICSID Convention”"), if the Contracting Party of the investor and the Contracting Party Party, party to the dispute are both parties to the ICSID Convention;
ii) the Centre under the rules governing the Additional Facility for the Administration of Proceedings by the Secretariat Rules of the CentreCentre for Settlement of Investment Disputes (“ICSID Additional Facility”), if the Contracting Party of the investor or the Contracting Party Party, party to the dispute, but not both, is a party to the ICSID Convention;; or
iii) a sole arbitrator or an ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (“"UNCITRAL”);
iv) the International Chamber of Commerce, by a sole arbitrator or an ad hoc tribunal under its rules of arbitration.
(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 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 his intention to submit a claim to arbitration at least 60 90 days before the actual claim to arbitration is submitted.
4. The notice referred to in advanceparagraph 3, but not later than 4 years from shall specify:
a) the date the investor first acquired or should have acquired knowledge name and address of the events which gave rise disputing investor and, where a claim is made by an investor of a Contracting Party on behalf of a legal person, the name and address of the legal person;
b) the provisions of this Agreement alleged to have been breached and any other relevant provisions;
c) the disputeissues and the factual basis for the claim; and d) the relief sought and the approximate amount of damages claimed.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Means of Settlement, Time Periods. (1) 1 . Such a dispute should, if possible, be settled by negotiation or consultationthrough consultations. If it is not so settled, the investor may choose to submit it for resolution:
a) to the To any competent courts or administrative tribunals of the Contracting Party Party, party to the dispute;
b) in In accordance with any applicable previously agreed dispute settlement procedure, or
c) By arbitration in accordance with this Article tounder:
i) the International Centre for Settlement of Investment Disputes (“the Centre”), established pursuant to the The Convention of on the Settlement of Investment Disputes between States and nationals Nationals of other States done at Washington on 18 March 1965 (“the "ICSID Convention”"), if the Contracting Party of the investor and the Contracting Party Party, party to the dispute are both parties to the ICSID Convention;
ii) The Additional Facility Rules of the Centre under the rules governing the for Settlement of Investment Disputes ("ICSID Additional Facility for the Administration of Proceedings by the Secretariat of the CentreFacility"), if the Contracting Party of the investor or the Contracting Party Party, party to the dispute, but not both, is a party to the ICSID Convention;; or
iii) a sole arbitrator or an ad hoc arbitration tribunal established under the The Arbitration Rules of the United Nations Commission on International Trade Law (“"UNCITRAL”");
iv) the International Chamber of Commerce, by a sole arbitrator or an ad hoc tribunal under its rules of arbitration.
(2) 2 . The applicable arbitration rules shall govern the arbitration except to the extent modified by this Part.
(3) 3 . A dispute may be submitted for resolution pursuant to paragraph (1) . c), provided that six months 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 his intention to submit a claim to arbitration at least 60 90 days before the actual claim to arbitration is submitted.
4 . The notice referred to in advanceparagraph 3, but not later than 4 years from the date the investor first acquired or should have acquired knowledge shall specify:
a) The name and address of the events which gave rise disputing investor and, where a claim is made by an investor of a Contracting Party on behalf of a legal person, the name and address of the legal person;
b) The provisions of this Agreement alleged to have been breached and any other relevant provisions;
c) The issues and the disputefactual basis for the claim; and
d) The relief sought and the approximate amount of damages claimed.
Appears in 1 contract
Samples: Investment Protection Agreement