Common use of Procedural and Other Requirements for the Submission of a Clause in Contracts

Procedural and Other Requirements for the Submission of a. Claim 1. A claim may be submitted to the Tribunal under this Section only if: (a) the submission of the claim is accompanied by the claimant's consent in writing to the settlement of the dispute by the Tribunal in accordance with the procedures set out in this Section and the claimant's designation of one of the set of rules on dispute settlement referred to in paragraph 2 of Article 3.33 (Submission of a Claim) as the applicable dispute settlement rules; (b) at least six months have elapsed since the submission of the request for consultations under Article 3.30 (Consultations) and at least three months have elapsed since the submission of the notice of intent to submit a claim under Article 3.32 (Notice of Intent to Submit a Claim); (c) the request for consultations and the notice of intent to submit a claim fulfil the requirements set out in paragraphs 1 and 2 of Article 3.30 (Consultations), and paragraph 1 of Article 3.32 (Notice of Intent to Submit a Claim), respectively; (d) the legal and factual basis of the dispute was subject to prior consultations pursuant to Article 3.30 (Consultations); (e) all the claims identified in the submission of the claim to the Tribunal made pursuant to Article 3.33 (Submission of a Claim) are based on the measure or measures identified in the notice of intent to submit a claim made pursuant to Article 3.32 (Notice of Intent to Submit a Claim); and (f) the conditions set out in Article 3.34 (Other Claims) are fulfilled. 2. This Article is without prejudice to other jurisdictional requirements arising from the relevant dispute settlement rules. ARTICLE 3.36