Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 32 (Claim by an Investor of a Member State) at the choice of the disputing investor:
(a) to the courts or administrative tribunals of the disputing Member State, provided that such courts or tribunals have jurisdiction over such claims; or
(b) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, (14) provided that both the disputing Member State and the non-disputing Member State are parties to the ICSID Convention; or
(c) under the ICSID Additional Facility Rules, provided that either of the disputing Member State or the non-disputing Member State is a party to the ICSID Convention; or
(d) under the UNCITRAL Arbitration Rules; or
(e) to the Regional Centre for Arbitration at Kuala Lumpur or any other regional centre for arbitration in ASEAN; or
(f) if the disputing parties agree, to any other arbitration institution, provided that resort to any arbitration rules or fora under sub-paragraphs (a) to (f) shall exclude resort to the other.
Submission of a Claim. 1. If the dispute cannot be settled within six months of the submission of the request for consultations and at least three months have elapsed from the submission of the notice of intent to submit a claim pursuant to Article 3.32 (Notice of Intent to Submit a Claim), the claimant, provided that it satisfies the requirements set out in Article 3.35 (Procedural and Other Requirements for the Submission of a Claim), may submit a claim to the Tribunal established pursuant to Article 3.38 (Tribunal).
2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement:
(a) the ICSID Convention;
(b) the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID"), where the conditions for proceedings pursuant to subparagraph (a) do not apply;
(c) the arbitration rules of UNCITRAL; or
(d) any other rules by agreement of the disputing parties. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under the rules provided for in subparagraphs (a), (b) or (c).
3. All the claims identified by the claimant in the submission of its claim pursuant to this Article must be based on measures identified in its request for consultations pursuant to subparagraph 1(c) of Article 3.30 (Consultations).
4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal.
5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement.
6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.
Submission of a Claim. 1. If a request for consultations has been submitted according to the procedures laid down in Article 18 and where such consultations do not result in a resolution of the claim within six months from the date of the written request for consultations, the investor may submit a claim under one of the following sets of rules on dispute settlement:
a) the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 18 March 1965 (ICSID Convention) or in accordance with the Rules on the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre (ICSID Additional Facility), where the conditions for proceedings pursuant to the ICSID Convention do not apply;
b) the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL Arbitration Rules), with the understanding that the Permanent Court of Arbitration (PCA) shall administer the proceedings; The rules on dispute settlement according to which a claim has been submitted, shall apply subject to the rules in this Section and the other relevant procedures laid down in this Agreement.
2. All the claims identified by the investor in the submission of its claim pursuant to this Article must be related to treatment identified in its request for consultations pursuant to Article 18, paragraph 2 of this Agreement, or to treatment that occurred after the request for consultations was submitted.
3. The responding Contracting Party hereby unconditionally consents to the submission of a claim as provided under this Section.
4. The consent under paragraph 3 of this Article and the submission of a claim under paragraph 1 of this Article shall be deemed to satisfy the requirements of:
a) Article 25 of the ICSID Convention or the ICSID Additional Facility Rules for written consent of the parties to the dispute; and
b) Article I of the New York Convention for “arising out of a commercial relationship”.
c) Article II of the New York Convention for an “agreement in writing”.
5. A claim may only be referred to a Tribunal pursuant to paragraph 1 of this Article if the investor withdraws or discontinues any existing proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim and waives its right to initiate any claim or proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a br...
Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 20 (Claim by an Investor of a Party) at the choice of the disputing investor:
(a) where the Philippines or Viet Nam is the disputing Party, to the courts or tribunals of that Party, provided that such courts or tribunals have jurisdiction over such claim; or
(b) under the ICSID Convention and the /CS/D Rules of Procedure for Arbitration Proceedings (14), provided that both the disputing Party and the non-disputing Party are parties to the ICSID Convention; or
(c) under the ICSID Additional Facility Rules, provided that either of the disputing Party or non-disputing Party are a party to the ICSID Convention; or
(d) under the UNCITRAL Arbitration Rules; or
(e) if the disputing parties agree, to any other arbitration institution or under any other arbitration rules, provided that resort to one of the fora under Subparagraphs (a) to (e) shall exclude resort to any other.
Submission of a Claim. 1. If an investment dispute cannot be resolved within 1 year from the date of delivery of the written request for consultations pursuant to Article 15 (Consultations) then, unless the disputing parties agree otherwise, the disputing investor may submit the dispute to:
(a) the courts or tribunals of the disputing Party, provided that such court or tribunal have jurisdiction over such claim;
(b) arbitration under the ICSID Convention and the ICSID Arbitration Rules, provided that both the disputing Party and the Party of the disputing investor are parties to the ICSID Convention;
(c) arbitration under the ICSID Additional Facility Rules, provided that either the disputing Party or the Party of the disputing investor is a party to the ICSID Convention;
(d) arbitration under the UNCITRAL Arbitration Rules; or
(e) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree, provided that resort to any arbitration rules or fora under sub-paragraphs (b) to (e) shall exclude resort to the others. For the avoidance of doubt, the disputing investor may submit a claim on its own behalf in respect of loss or damage that has been incurred by the disputing investor, or on behalf of an enterprise of the disputing Party that the disputing investor owns or controls, either directly or indirectly, in respect of loss or damage that has been incurred by the enterprise.
2. Each Party hereby consents to the submission of an investment dispute to arbitration under paragraph 1 in accordance with the provisions of this Section, conditional upon:
(a) the submission of the dispute to such arbitration taking place within three years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment;
(b) the disputing investor providing written consent to arbitration in accordance with the provisions set out in this Section;
(c) the legal and factual basis for the dispute was subject to prior consultation or mediation pursuant to Article 15 (Consultations) or Article 16 (Mediation) respectively;
(d) the disputing investor providing written notice, which shall be submitted at least 90 days before the claim is submitted, to the disputing Party of its intent to submit the dispute to such arbitration and which:
(i) states the name and address of the disputing investor and, where a dispute is submitte...
Submission of a Claim. If the dispute has not been settled within eight months from the date of notice of dispute, a claim may be submitted, at the discretion of the investor, to: (a) any competent court or administrative tribunal of the Party to the dispute; or (b) arbitration in accordance with this Section under: (i) the ICSID Convention, if the ICSID Convention is available; (ii) the ICSID Additional Facility Rules, if the ICSID Additional Facility Rules are available; (iii) the UNCITRAL Arbitration Rules; or (iv) if agreed by both parties to the dispute, any other arbitration institution or any other arbitration rules.
Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other contracting party has breached an obligation under Chapter II, and that the investor has incurred loss or damage by virtue of that breach or as a result of the latter.
2. An investor of a Contracting Party, representing a corporation incorporated under the laws of the other Contracting Party that is a legal person that the investor owns or controls, may submit to arbitration a claim that the other contracting party has breached an obligation under Chapter II, and that the enterprise has incurred loss or damage by virtue of that breach or as a result of the latter.
3. An investment may not submit a claim to arbitration under this section.
4. An investor litigants may submit the claim to arbitration under:
(a) The ICSID Convention provided that both the contracting party litigants as a contracting party of the investor are parties to the ICSID Convention;
(b) The ICSID Additional Facility Rules), if the disputing contracting party or the contracting party of the investor, but not both, is a party to the ICSID Convention;
(c) The UNCITRAL Arbitration Rules; or
(d) Any other arbitration rules if the parties involved so agree.
5. An investor litigants may submit a claim to arbitration only if:
(a) The Investor expresses its consent to arbitration in accordance with the procedures set out in this section; and
(b) The investor and where the claim is for loss or damage to an interest in an enterprise of the other Contracting Party that is a juridical person that the investor owned or controlled by the Enterprise waive their right to initiate or continue any proceedings before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law of the disputing contracting party.
6. An investor litigants may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a juridical person that the investor owns or controls, only if both the investor and the Enterprise:
(a) Express their consent to arbitration in accordance with the procedures set out in this section; and
(b) Waive their right to initiate or con...
Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other Contracting Party has breached an obligation set forth in Chapter Il, and that the investor has incurred loss or damage by reason of, or arising out of, that breach.
2. An investor of a Contracting Party, on behalf of an enterprise legally constituted pursuant to the laws of the other Contracting Party, that is a legal person such investor owns or controls, may submit to arbitration a claim that the other Contracting Party has breached an obligation set forth in Chapter Il, and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach.
3. A disputing investor may submit the claim to arbitration under:
(a) the ICSID Convention, provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention;
(b) the ICSID Additional Facility Rules, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention;
(c) the UNCITRAL Arbitration Rules; or
(d) any other arbitration rules, if the disputing parties so agree.
4. A disputing investor may submit a claim to arbitration only if:
(a) the investor consents to arbitration in accordance with the procedures set forth in this Section; and
(b) the investor and, where the claim is for loss or damage to an interest of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, the enterprise waives its right to initiate or continue before any administrative tribunal or court under the laws of a Contracting Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach of Chapter Il, except for proceedings 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.
5. A disputing investor may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, only if both the investor and the enterprise:
(a) consent to arbitration in accordance with the procedures set forth in this Section; and
(b) waive their right to initiate or continue before any administrative tribunal or court under the laws of a Contracting Party, or oth...
Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 32 (Claim by an Investor of a Member State) at the choice of the disputing investor:
(a) to the courts or administrative tribunals of the disputing Member State, provided that such courts or tribunals have jurisdiction over such claims; or
(b) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings,14 provided that both the disputing Member State and the non-disputing Member State are parties to the ICSID Convention; or
Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other Contracting Party has breached an obligation under Chapter II, and that the investor has incurred loss or damage by reason of, or arising out of, that breach.
2. An investor of a Contracting Party, on behalf of an enterprise constituted or organised under the laws and regulations of the other Contracting Party, that is a legal person such investor owns or controls, may submit to arbitration a claim that the other Contracting Party has breached an obligation under Chapter II, and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach.
3. A disputing investor may submit the claim to arbitration under:
(a) the UNCITRAL Arbitration Rules; or
(b) any other arbitration rules, if the disputing parties so agree.
4. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Section.
5. A claim is submitted to arbitration under this Section when:
(a) the notice of arbitration given under the UNCITRAL Arbitration Rules is received by the disputing Contracting Party; or
(b) the notice of arbitration given under any other arbitration rules agreed by the disputing parties under paragraph 3(b) is received by the disputing Contracting Party.
