Common use of Role of the Parties Clause in Contracts

Role of the Parties. to the Agreement 1. The Parties shall not give diplomatic protection, or bring an international claim, in respect of a dispute submitted under this Section, unless the other Party has failed to abide by and comply with the award rendered in such dispute. Diplomatic protection, for the purposes of this paragraph, shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute. 2. Paragraph 1 shall not exclude the possibility of dispute settlement under Section A (Resolution of Disputes between Parties) in respect of a measure of general application if that measure is alleged to have breached the Agreement and in respect of which a dispute has been initiated with regard to a specific investment pursuant to Article 3.33 (Submission of a Claim). This is without prejudice to Article 3.51 (The Non-Disputing Party) or Article 5 of the UNCITRAL Transparency Rules. ARTICLE 3.59