Common use of Settlement of Disputes between an Investor Clause in Contracts

Settlement of Disputes between an Investor. and the Host Contracting Party (1) Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, paragraph a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) . An investor may submit a dispute as referred to in paragraph (1) 1 to arbitration in accordance with paragraph (4) 4 only if:paragraph 1 to arbitration in accordance with paragraph 4 only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII XII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, March 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes ("Additional Facility Rules of ICSID"), provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for:paragraph 5, together with either the consent given under paragraph 3, or the consents given under paragraph 12, shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purpose of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of Chapter the Additional Facility Rules; andChapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention").Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case: (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required:subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii(12)(a)(ii); and(12)(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii(12)(a)(iii).(12)(a)(iii). 13. With respect to: (a) Financial institutions of a Contracting Party; and (b) Investors of a Contracting Party, and investments of such investors, in financial institutions in the other Contracting Party's territory, Article XIII (Settlement of Disputes between an Investor and the Host Contracting Party) applies only in respect of claims that the other Contracting Party has breached an obligation under Article VIII (Expropriation), IX (Transfer of Funds) and XVIII(1) and (2) (Final provisions and Entry into Force).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) . An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The the investor has consented in writing thereto; (b) The the investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII have been fulfilled; and (d) Not not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The the Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An an international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12)any relevant provision of Annex II, shall satisfy the requirements for: (i) Written written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An an "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 I of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary monetary damages and any applicable interest; (b) Restitution restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XVArticle XIII. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii).

Settlement of Disputes between an Investor. and the Host Contracting Party 1. A dispute arising from claims by an investor of a Party that he/she/it has suffered losses resulting from a breach by the institutions or organizations of the other Party of the obligations provided in this Agreement (hereinafter referred to as "investment dispute") may be settled through the following methods: (1) Any dispute amicable negotiation between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, parties to the extent possible, be settled amicably between them.dispute; (2) If a coordination through the coordination mechanism at the place of investment or the superior authorities thereof; (3) resolution through the investment dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach settlement mechanism established under Article 15 of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach.; (34) An investor may submit an investment compensation dispute arising out of this Agreement between an investor and the host Party to a Cross-strait Investment Dispute Settlement Institution for settlement through mediation. Every six months, the Cross-strait Investment Dispute Settlement Institutions shall report to the investment working group referred to in Article 15 of this Agreement on the status of investment compensation disputes under disposition; or (5) recourse in accordance with the administrative remedy or judicial proceedings of the host Party. 2. When an investor resolves an investment compensation dispute in accordance with paragraph 1(4) of this Article, the Annex of this Agreement shall apply thereto. 3. After this Agreement enters into force, the Parties shall exchange and publish a list of Cross-strait Investment Dispute Settlement Institutions as referred to in paragraph (11(4) of this Article as soon as possible. The Parties may modify the list via negotiations. 4. If an investor has already chosen to arbitration settle a dispute in accordance with paragraph (41(5) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article, the investor may not submit the same dispute to a Cross-strait Investment Dispute Settlement Institution for mediation unless such action is in compliance with the relevant laws and regulations of the host Party. (a) The consent given under 5. For investment disputes referred to in paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent 1 of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party which have entered into judicial proceedings prior to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach entry into force of this Agreement, unless agreed upon by the parties to the dispute and that an enterprise that is a juridical person incorporated or duly constituted in accordance compliance with applicable the relevant laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor and regulations of the other Contracting Party acting on behalf of an enterprise which host Party, the investor owns or controls directly or indirectly. In such a case (imediation procedure provided under paragraph 1(4) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following Article shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii)apply.

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) . An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or for in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not more than three years have elapsed from horn the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II 11 (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; andRules;and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case: (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed passed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, Party relating to a claim by the investor that effects of a measure taken or not series of measures taken by the former Contracting Party is on the management, use, enjoyment or disposal of an investment made by the investor, and in breach particular, but not exclusively, relating to expropriation referred to in Article VI (Expropriation) of this Agreement or to the transfer of funds referred to in Article VII (Transfer of Funds) of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a the dispute has not been settled amicably within a period of six months from the date on which it the dispute was initiated, it may be submitted by the investor to arbitration arbitration. 3. In that case, the dispute shall then be settled in accordance conformity with paragraph either: (4a) The Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). For , as adopted in Resolution 31/98 of the purposes United Nations General Assembly on 15 December 1976; (b) The rules of this paragraphthe Convention on the Settlement of Investment Disputes between States and Nationals of Other States, a dispute is considered done at Washington on 18 March 1965 (hereinafter referred to be initiated as the "ICSID Convention"), when both Contracting Parties are bound by it; or (c) The Rules Governing the investor Additional Facility for the Administration of one Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to as the "Additional Facility Rules of ICSID"), provided that either the disputing Contracting Party has delivered notice or the Contracting Party of the investor, but not both, is a party to the ICSID Convention. 4. With respect to: (a) Financial institutions of a Contracting Party; and (b) Investors of a Contracting Party, and investments of such investors, in writing to financial institutions in the other Contracting Party's territory, This Article applies only in respect of claims that the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach has breached an obligation under Article VI (Expropriation), Article VII (Transfer of this Agreement, and that the investor has incurred loss or damage by reason ofFunds), or arising out of, that breachparagraph 1 or 2 of Article XV (Final Provisions). (3a) An investor may submit a claim under this Article to arbitration only if the investor and, where the claim is for loss or damage to an interest in an enterprise that is a juridical person which the investor owns or controls directly or indirectly, the enterprise, waive their right to initiate or continue before any administrative tribunal or court under the law of any Contracting Party, or other dispute as settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach referred to in paragraph 1 of this Article, except for procedures for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the disputing Contracting Party. (1b) If an investment is held indirectly through an investor of a third state by an investor of one Contracting Party in the territory of the other Contracting Party, the investor of a Contracting Party may not initiate or continue a proceeding under this Article if the investor of the third state submits or has submitted a claim with respect to the same measure or series of measures under any agreement between the other Contracting Party and the third state. (c) A disputing investor may submit a claim to arbitration in accordance with paragraph (4) under this Article only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII have been fulfilled; and (di) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) The dispute maydamage thereby, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of Where the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that claim is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may investment, not make a claim if more than three years have elapsed from the date on which the enterprise investment first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it the investment has incurred loss or damagedamage thereby. (b) Notwithstanding subparagraph 12(a), where 6. An interpretation of this Agreement agreed between the Contracting Parties shall be binding on a disputing Tribunal established under this Article. 7. Each Contracting Party has deprived consents to the submission of a disputing investor of control of an enterprise, the following shall not be required: (i) A consent claim to arbitration by in accordance with the enterprise under 12(a)(ii); and (ii) A waiver from procedures set out in this Agreement. Failure to meet any of the enterprise under 12(a)(iii)conditions provided for in paragraphs 2 and 5 shall nullify that consent.

Settlement of Disputes between an Investor. and the Host Contracting Party (1) Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II 11 (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. It is agreed, subject to the provisions of this Article, that the Contracting Parties encourage investors to make use of domestic courts and tribunals for the resolution of disputes. (3) . An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if:paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII XII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; orAdditional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case: (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required:subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(iil2(a) (ii); andl2(a) (ii); and (ii) A waiver from the enterprise under 12(a)(iii12(a) (iii).12(a) (iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably through consultations within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) . An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; o or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required:subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) . An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12)any relevant provision of Annex II, shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 I of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XVArticle XIII. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) . Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) . If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, paragraph a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. It is agreed, subject to the provisions of this Article, that the Contracting Parties encourage investors to make use of domestic courts and tribunals for the resolution of disputes. (3) . An investor may submit a dispute as referred to in paragraph (1) 1 to arbitration in accordance with paragraph (4) 4 only if:paragraph 1 to arbitration in accordance with paragraph 4 only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII XII (Taxation Measures) have been fulfilled; andparagraph 5 of Article XIII XII (Taxation Measures) have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) . The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other Other States, opened for signature done at Washington on 18 March, March 1965 (hereinafter referred to as the "ICSID Convention"), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to as the "Additional Facility Rules of ICSID"), provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under The Arbitration Rules of the Arbitration United Nations Commission on International Trade Law (UNCITRAL).Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) . Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for:paragraph 5, together with either the consent given under paragraph 3, or the consents given under paragraph 12, shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; Rules of ICSID, andChapter II (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules of ICSID, and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, York on 10 June 10, 1958 (hereinafter referred to as the "New York Convention").Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958 (hereinafter referred to as the "New York Convention"). (b) Any arbitration under this Article shall be held in a State state that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) . A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) . A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) . An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) . Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV (Consultations and XV.Articles XIV Exchange of Information) and XVXV (Disputes between the Contracting Parties). (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated constituted or duly constituted in accordance with organized under the applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case: (i) Any award shall be made to the affected enterprise;, (ii) The consent to arbitration of both the investor and the enterprise shall be required;, (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; , and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required:subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under sub-subparagraph 12(a)(ii); , andsub-subparagraph 12(a)(ii), and (ii) A waiver from the enterprise under sub-subparagraph 12(a)(iii).sub-subparagraph 12(a)(iii). 13. With respect to: (a) Financial institutions of a Contracting Party; and (b) Investors of a Contracting Party, and investments of such investors, in financial institutions in the other Contracting Party's territory, Article XIII (Settlement of Disputes between an Investor and the Host Contracting Party) applies only in respect of claims that the other Contracting Party has breached an obligation under Article VIII (Expropriation), Article IX (Transfer of Funds) or paragraph 1 or 2 of Article XVIII (Final Provisions and Entry into Force).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The the investor has consented in writing thereto; (b) The the investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If if the matter involves taxation, the conditions specified in paragraph 5 of Article XIII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Conventionconvention; or (b) The the Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An an international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written written consent of the parties to a dispute for purposes of Chapter II 11 (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An an "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) A tribunal may award, separately or in combination, only: (a) Monetary monetary damages and any applicable interest; (b) Restitution restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any any award shall be made to the affected enterprise; (ii) The the consent to arbitration of both the investor and the enterprise shall be required; (iii) Both both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The the investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A a consent to arbitration by the enterprise under 12(a)(ii12(a)ii); and (ii) A a waiver from the enterprise under 12(a)(iii12(a)iii).

Settlement of Disputes between an Investor. and the Host Contracting Party (1) Any dispute between one Contracting Party and an investor of the other Contracting Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach, shall, to the extent possible, be settled amicably between them. (2) If a dispute has not been settled amicably within a period of six months from the date on which it was initiated, it may be submitted by the investor to arbitration in accordance with paragraph (4). For the purposes of this paragraph, a dispute is considered to be initiated when the investor of one Contracting Party has delivered notice in writing to the other Contracting Party alleging that a measure taken or not taken by the latter Contracting Party is in breach of this Agreement, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. (3) An investor may submit a dispute as referred to in paragraph (1) to arbitration in accordance with paragraph (4) only if:paragraph (1) to arbitration in accordance with paragraph (4) only if: (a) The investor has consented in writing thereto; (b) The investor has waived its right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; (c) If the matter involves taxation, the conditions specified in paragraph 5 of Article XIII XII have been fulfilled; andparagraph 5 of Article XIII XII have been fulfilled; and (d) Not more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (4) The dispute may, at the election of the investor concerned, be submitted to arbitration under: (a) The International Centre for the Settlement of Investment Disputes (ICSID), established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington 18 March, 1965 (ICSID Convention), provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; or (b) The Additional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; orAdditional Facility Rules of ICSID, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention; or (c) An international arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). (5) Each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration in accordance with the provisions of this Article. (a) The consent given under paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for:paragraph (5), together with either the consent given under paragraph (3), or the consents given under paragraph (12), shall satisfy the requirements for: (i) Written consent of the parties to a dispute for purposes of Chapter II 11 (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; andChapter 11 (Jurisdiction of the Centre) of the ICSID Convention and for purposes of the Additional Facility Rules; and (ii) An "agreement in writing" for purposes of Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention").Article II of the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958 ("New York Convention"). (b) Any arbitration under this Article shall be held in a State that is a party to the New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention.New York Convention, and claims submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 of that Convention. (7) A tribunal established under this Article shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. (8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach of this Agreement. For purposes of this paragraph, an order includes a recommendation. (9) A tribunal may award, separately or in combination, only: (a) Monetary damages and any applicable interest; (b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs in accordance with the applicable arbitration rules. (10) An award of arbitration shall be final and binding and shall be enforceable in the territory of each of the Contracting Parties. (11) Any proceedings under this Article are without prejudice to the rights of the Contracting Parties under Articles XIV and XV.Articles XIV and XV. (a) A claim that a Contracting Party is in breach of this Agreement, and that an enterprise that is a juridical person incorporated or duly constituted in accordance with applicable laws of that Contracting Party has incurred loss or damage by reason of, or arising out of, that breach, may be brought by an investor of the other Contracting Party acting on behalf of an enterprise which the investor owns or controls directly or indirectly. In such a case (i) Any award shall be made to the affected enterprise; (ii) The consent to arbitration of both the investor and the enterprise shall be required; (iii) Both the investor and enterprise must waive any right to initiate or continue any other proceedings in relation to the measure that is alleged to be in breach of this Agreement before the courts or tribunals of the Contracting Party concerned or in a dispute settlement procedure of any kind; and (iv) The investor may not make a claim if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that it has incurred loss or damage. (b) Notwithstanding subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required:subparagraph 12(a), where a disputing Contracting Party has deprived a disputing investor of control of an enterprise, the following shall not be required: (i) A consent to arbitration by the enterprise under 12(a)(ii); and12(a)(ii); and (ii) A waiver from the enterprise under 12(a)(iii12(a)(iii).12(a)(iii).