Common use of Scope 1 Clause in Contracts

Scope 1. This Section applies to a dispute between, on the one hand, a claimant of one Party and, on the other hand, the other Party concerning any measure1 which allegedly constitutes a breach of the provisions of Chapter 2 (Investment Protection) and which allegedly causes loss or damage to the claimant or, where the claim is brought on behalf of a locally established company owned or controlled by the claimant, to the locally established company. 2. For greater certainty, a claimant shall not submit a claim under this Section if its investment has been made through fraudulent misrepresentation, concealment, corruption or conduct amounting to an abuse of process. 1 For greater certainty, the term "measure" may include failures to act. 3. The Tribunal and the Appeal Tribunal established pursuant to Articles 3.38 (Tribunal) and 3.39 (Appeal Tribunal), respectively, may not decide claims that fall outside the scope of this Article. 4. A claim with respect to restructuring of debt of a Party shall be addressed in accordance with this Section and Annex 5 (Public Debt). ARTICLE 3.28