Common use of Notice of Intent to Submit a Claim Clause in Contracts

Notice of Intent to Submit a Claim. 1. If the dispute cannot be settled within 90 days of the submission of the request for consultations, the claimant may deliver a notice of intent which shall specify, in writing, the claimant's intention to submit the claim to dispute settlement under this Section and contain the following information: (a) the name and address of the claimant and, where such request is submitted on behalf of a locally established company, the name, address and place of incorporation of the locally established company; (b) the provisions referred to in paragraph 1 of Article 3.27 (Scope) that are alleged to have been breached; (c) the legal and factual basis of the claim, including the measures that are alleged to breach the provisions referred to in paragraph 1 of Article 3.27 (Scope); and (d) the relief sought and the estimated amount of damages claimed. The notice of intent shall be sent to the Union or to Viet Nam, as the case may be. When a measure of a Member State of the Union is identified, it shall also be sent to the Member State concerned. 2. When a notice of intent has been sent to the Union, the Union shall make a determination of the respondent and, after having made such a determination, it shall inform the claimant within 60 days of the receipt of the notice of intent as to whether the Union or a Member State of the Union shall be the respondent. 3. In case the claimant has not been informed of the determination of the respondent within 60 days of the receipt of the notice of intent: (a) if the measures identified in the notice are exclusively measures of a Member State of the Union, that Member State shall be the respondent; or (b) if the measures identified in the notice include measures of the Union, the Union shall be the respondent. 4. The claimant may submit a claim pursuant to Article 3.33 (Submission of a Claim) on the basis of the determination referred to in paragraph 2, or, if no such determination has been communicated to the claimant within the timeframe provided for in paragraph 2, in accordance with paragraph 3. 5. Where either the Union or its Member State is the respondent following a determination made pursuant to paragraph 2, neither the Union nor the Member State concerned may assert the inadmissibility of the claim, lack of jurisdiction of the Tribunal or otherwise assert that the claim or award is unfounded or invalid on the grounds that the proper respondent should be the Union rather than the Member State or vice versa. 6. The Tribunal and the Appeal Tribunal shall be bound by the determination made pursuant to paragraph 2. 7. Nothing in this Agreement or the applicable rules on dispute settlement shall prevent the exchange of all information relating to a dispute between the Union and the Member State concerned.

Notice of Intent to Submit a Claim. 1. If the dispute cannot be settled within 90 days of the submission of the request for consultations, the claimant may deliver a notice of intent which shall specify, in writing, the claimant's intention to submit the claim to dispute settlement under this Section and contain the following information: (a) the name and address of the claimant and, where such request is submitted on behalf of a locally established company, the name, address and place of incorporation of the locally established company; (b) the provisions referred to in paragraph 1 of Article 3.27 (Scope) that are alleged to have been breached; (c) the legal and factual basis of the claim, including the measures that are alleged to breach the provisions referred to in paragraph 1 of Article 3.27 (Scope); and (d) the relief sought and the estimated amount of damages claimed. The notice of intent shall be sent to the Union or to Viet Nam, as the case may be. When a measure of a Member State of the Union is identified, it shall also be sent to the Member State concerned. 2. When a notice of intent has been sent to the Union, the Union shall make a determination of the respondent and, after having made such a determination, it shall inform the claimant within 60 days of the receipt of the notice of intent as to whether the Union or a Member State of the Union shall be the respondent. 3. In case the claimant has not been informed of the determination of the respondent within 60 days of the receipt of the notice of intent: (a) if the measures identified in the notice are exclusively measures of a Member State of the Union, that Member State shall be the respondent; or (b) if the measures identified in the notice include measures of the Union, the Union shall be the respondent. 4. The claimant may submit a claim pursuant to Article 3.33 (Submission of a Claim) on the basis of the determination referred to in paragraph 2, or, if no such determination has been communicated to the claimant within the timeframe time frame provided for in paragraph 2, in accordance with paragraph 3. 5. Where either the Union or its a Member State of the Union is the respondent following a determination made pursuant to paragraph 2, neither the Union nor the Member State concerned may assert the inadmissibility of the claim, lack of jurisdiction of the Tribunal or otherwise assert that the claim or award is unfounded or invalid on the grounds that the proper respondent should be the Union rather than the Member State or vice versa. 6. The Tribunal and the Appeal Tribunal shall be bound by the determination made pursuant to paragraph 2. 7. Nothing in this Agreement or the applicable rules on dispute settlement shall prevent the exchange of all information relating to a dispute between the Union and the Member State concerned.