Common use of Scope and Definitions Clause in Contracts

Scope and Definitions. 13.1 Without prejudice to the rights and obligations of the Parties under Chapter V, this Chapter establishes a mechanism for the settlement of disputes between an investor and a Defending Party. 13.2 This Chapter shall only apply to a dispute between a Party and an investor of the other Party with respect to its investment, arising out of an alleged breach of an obligation of a Party under Chapter II of this Treaty, other than the obligation under Articles 9 and 10 of this Treaty. 13.3 A Tribunal constituted under this Chapter shall only decide claims in respect of a breach of this Treaty as set out in Chapter II, except under Articles 9 and 10, and not disputes arising solely from an alleged breach of a contract between a Party and an investor. Such disputes shall only be resolved by the domestic courts or in accordance with the dispute resolution provisions set out in the relevant contract. 13.4 An investor may not submit a claim to arbitration under this Chapter if the investment has been made through fraudulent misrepresentation, concealment, corruption, money laundering or conduct amounting to an abuse of process or similar illegal mechanisms, 13.5 In addition to other limits on its jurisdiction, a Tribunal constituted under this Chapter shall not have the jurisdiction to: (i) review the merits of a decision made by a judicial authority of the Parties; or (ii) accept jurisdiction over any claim that is or has been subject of an arbitration under Chapter V. 13.6 A dispute between an investor and a Party shall proceed sequentially in accordance with this Chapter. 13.7 For the purposes of this Chapter:

Scope and Definitions. 13.1 Without prejudice to the rights and obligations of the Parties under Chapter V, this Chapter establishes a mechanism for the settlement of disputes between an investor and a Defending Party. 13.2 This Chapter shall only apply to a dispute between a Party and an investor of the other Party with respect to its investment, arising out of an alleged breach of an obligation of a Party under Chapter II Il of this Treaty, other than the obligation under Articles 9 and 10 of this Treaty. 13.3 A Tribunal constituted under this Chapter shall only decide claims in respect of a breach of this Treaty as set out in Chapter IIIl, except under Articles 9 and 10, and not disputes arising solely from an alleged breach of a contract between a Party and an investor. Such disputes shall only be resolved by the domestic courts or in accordance with the dispute resolution provisions set out in the relevant contract. 13.4 An investor may not submit a claim to arbitration under this Chapter if the investment has been made through fraudulent misrepresentation, concealment, corruption, money laundering or conduct amounting to an abuse of process or similar illegal mechanisms,. 13.5 In addition to other limits on its jurisdiction, a Tribunal constituted under this Chapter shall not have Shall Not Have the jurisdiction toJurisdiction To: (i) review the merits of a decision made by a judicial authority of the Parties; or (ii) accept jurisdiction over any claim that is or has been subject of an arbitration under Chapter V. 13.6 A dispute between an investor and a Party shall proceed sequentially in accordance with this Chapter. 13.7 . For the purposes of this Chapter: