Common use of Submission of a Claim to Arbitration Clause in Contracts

Submission of a Claim to Arbitration. (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; (2) For greater certainty, a claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intention). The notice shall specify: (a) the name and address of the claimant and its legal representative; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and to the COMESA Secretariat. (5) A claim shall be deemed submitted to arbitration when the claimants Notice of Arbitration is submitted to the respondents and to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).

Submission of a Claim to Arbitration. (1) In . If an investment dispute has not been resolved within six months of the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required receipt by the Agreement have been fulfilled: A Member State respondent of a request for consultations: (a) the claimant, on its own behalf, may submit to arbitration under this Agreement Section a claim that that: (i) the respondent has breached an obligation under this Agreement, and that Section A; and (ii) the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach;; and (2b) For greater certaintythe claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim referred to in Paragraph that: (1i) that the respondent has breached an obligation through under Section A; and (ii) the actions of a designated government monopolyenterprise has incurred loss or damage by reason of, local or state government or a state enterprise exercising delegated government authorityarising out of, that breach. (3) 2. At least 180 90 days before submitting any claim to arbitrationarbitration under this Section, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intentionintent"). The notice shall specify: (a) the name and address of the claimant and, where a claim is submitted on behalf of an enterprise, the name, address, and its legal representativeplace of incorporation of the enterprise; (b) for each claim, the provision(s) provision of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, and the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. 3. A claimant may submit a claim referred to in paragraph 1: (4a) Provided under the ICSID Convention, provided that at least six months have elapsed since both the events giving rise non-disputing Party and the respondent are parties to the claimICSID Convention; (b) under the ICSID Additional Facility Rules, and all other preprovided that either the non-conditions for such disputing Party or the respondent, but not both, is a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration party to the respondent State and ICSID Convention; (c) under the UNCITRAL Arbitration Rules; or (d) if the disputing parties agree, to the COMESA Secretariatany other arbitration institution or under any other arbitration rules. (5) 4. A claim shall be deemed submitted to arbitration under this Section when the claimants Notice claimant's notice of Arbitration or request for arbitration ("notice of arbitration") is received under the applicable arbitral rules. 5. The arbitration rules applicable under paragraph 3, and in effect on the date the claim or claims were submitted to arbitration under this Section, shall govern the respondents and arbitration except to the COMESA Secretariatextent modified by this Agreement. 6. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration referred to in paragraph 4: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant's written consent for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, Secretary-General to appoint the information required in Paragraph (3)claimant's arbitrator.

Submission of a Claim to Arbitration. (1) . This Section applies where there is a dispute between a Party and an investor of the other Party relating to a covered investment made in accordance with the Party's laws, regulations and investment policies. 2. In the event that a disputing party considers that a an investment dispute cannot be settled by alternative meansconsultations under Article 9.11 within 120 days after the date of receipt of the request for consultations, (a) the claimant, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State on its own behalf, may submit to arbitration under this Agreement Section a claim claim: (i) that the respondent has breached an obligation under this Agreement, and in Article 9.3; and (ii) that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach;; (6) or (2b) For greater certaintythe claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim referred to in Paragraph claim: (1i) that the respondent has breached an obligation through under Article 9.3; and (ii) that the actions enterprise has incurred loss or damage by reason of, or arising out of, that breach. 3. A claimant cannot submit or continue to pursue a claim under this Section where the investment of the claimant in the territory of the respondent is owned or controlled indirectly by an investor of a designated government monopolynon-party, local and the investor of the non-party submits or state government has submitted a claim with respect to the same measure or a state enterprise exercising delegated government authorityevent under any agreement between the respondent and that non-party. 4. A claimant may submit a claim referred to in paragraph 2: (3a) At least 180 days before submitting any claim to arbitrationunder the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, a potential claimant shall deliver provided that both the respondent and the non-disputing Party are parties to the potential ICSID Convention; (b) under the ICSID Additional Facility Rules, provided that either the respondent or the non-disputing Party is a written party to the ICSID Convention; (c) under the UNCITRAL Arbitration Rules, except as modified by this Agreement and the Side Letter on Transparency Rules Applicable to ISDS; or (d) if the claimant and respondent agree, to any other arbitration institution or under any other arbitration rules. 5. Where a claim is submitted to arbitration under paragraph 4(b), (c) and (d) (except where a claim is submitted to any other arbitration institution under paragraph 4(d)), the disputing parties and the tribunal constituted thereunder shall request ICSID to provide administrative services for the arbitration proceedings. Both Parties shall endeavour to make proper institutional arrangements with ICSID to accommodate such requests following the entry into force of this Agreement. 6. A claim shall be deemed submitted to arbitration under this Section when the claimant's notice of its intention to submit the claim to or request for arbitration ("notice of intention)arbitration"): (a) referred to in paragraph 1 of Article 36 of the ICSID Convention is received by the Secretary-General; (b) referred to in Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretary-General; (c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in Article 20 of the UNCITRAL Arbitration Rules, are received by the respondent; or (d) referred to under any arbitral institution or arbitral rules selected under paragraph 4(d) is received by the respondent, provided that no claim shall be deemed submitted under this Section if that claim is asserted by the claimant for the first time after such notice of arbitration is submitted. 7. The A notice shall specifyof arbitration shall: (a) specify the name and address of the claimant and, where a claim is submitted on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, the name, address, and its legal representativeplace of incorporation of the enterprise; (b) for each claim, identify the provision(s) provision of this Agreement Chapter alleged to have been breached and any other relevant provisions; (c) for each claim, identify the measure or event giving rise to the claim; (d) for each claim, indicate whether the claim is made on the claimant's own behalf or on behalf of an enterprise; (e) for each claim, provide a brief summary of the legal and factual basis for each claimsufficient to present the problem clearly; and (df) specify the relief sought and, where appropriatesought, the approximate amount of damages claimedclaimed and its standard or basis for calculation. 8. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant's written consent for this purpose and make it available through the Internet and other meansSecretary-General to appoint that arbitrator. (9. The arbitration rules applicable under paragraph 4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by in effect on the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to date the respondent State and to the COMESA Secretariat. (5) A claim shall be deemed or claims were submitted to arbitration when under this Section, shall govern the claimants Notice of Arbitration is submitted arbitration except to the respondents extent modified by this Agreement and the Side Letter on Transparency Rules Applicable to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3)ISDS.

Submission of a Claim to Arbitration. (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- pre-conditions for such a dispute as required by the Agreement have been fulfilled: A a Member State may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; (2) For greater certainty, a claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("“notice of intention”). The notice shall specify: (a) the name and address of the claimant and its legal representative; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and Stateand to the COMESA Secretariat. (5) A claim shall be deemed submitted to arbitration when the claimants claimant’s Notice of Arbitration is submitted to the respondents and to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).

Submission of a Claim to Arbitration. (1) . This Section applies where there is a dispute between a Party and an investor of the other Party relating to a covered investment made in accordance with the Party’s laws, regulations and investment policies. 2. In the event that a disputing party considers that a an investment dispute cannot be settled by alternative meansconsultations under Article 9.11 within 120 days after the date of receipt of the request for consultations, (a) the claimant, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State on its own behalf, may submit to arbitration under this Agreement Section a claim claim: (i) that the respondent has breached an obligation under this Agreement, and in Article 9.3; and (ii) that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach;; or (2b) For greater certaintythe claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim referred to in Paragraph claim: (1i) that the respondent has breached an obligation through under Article 9.3; and (ii) that the actions enterprise has incurred loss or damage by reason of, or arising out of, that breach. 3. A claimant cannot submit or continue to pursue a claim under this Section where the investment of the claimant in the territory of the respondent is owned or controlled indirectly by an investor of a designated government monopolynon-party, local and the investor of the non-party submits or state government has submitted a claim with respect to the same measure or a state enterprise exercising delegated government authorityevent under any agreement between the respondent and that non-party. (3) At least 180 days before submitting any 4. A claimant may submit a claim referred to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intention). The notice shall specifyin paragraph 2: (a) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, provided that both the respondent and the non-disputing Party are parties to the ICSID Convention; (b) under the ICSID Additional Facility Rules, provided that either the respondent or the non-disputing Party is a party to the ICSID Convention; (c) under the UNCITRAL Arbitration Rules, except as modified by this Agreement and the Side Letter on Transparency Rules Applicable to ISDS; or (d) if the claimant and respondent agree, to any other arbitration institution or under any other arbitration rules. 5. Where a claim is submitted to arbitration under paragraph 4(b), (c) and (d) (except where a claim is submitted to any other arbitration institution under paragraph 4(d)), the disputing parties and the tribunal constituted thereunder shall request ICSID to provide administrative services for the arbitration proceedings. Both Parties shall endeavour to make proper institutional arrangements with ICSID to accommodate such requests following the entry into force of this Agreement. 6. A claim shall be deemed submitted to arbitration under this Section when the claimant’s notice of or request for arbitration (“notice of arbitration”): (a) referred to in paragraph 1 of Article 36 of the ICSID Convention is received by the Secretary-General; (b) referred to in Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretary-General; (c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in Article 20 of the UNCITRAL Arbitration Rules, are received by the respondent; or (d) referred to under any arbitral institution or arbitral rules selected under paragraph 4(d) is received by the respondent, provided that no claim shall be deemed submitted under this Section if that claim is asserted by the claimant for the first time after such notice of arbitration is submitted. 7. A notice of arbitration shall: (a) specify the name and address of the claimant and, where a claim is submitted on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, the name, address, and its legal representativeplace of incorporation of the enterprise; (b) for each claim, identify the provision(s) provision of this Agreement Chapter alleged to have been breached and any other relevant provisions; (c) for each claim, identify the measure or event giving rise to the claim; (d) for each claim, indicate whether the claim is made on the claimant’s own behalf or on behalf of an enterprise; (e) for each claim, provide a brief summary of the legal and factual basis for each claimsufficient to present the problem clearly; and (df) specify the relief sought and, where appropriatesought, the approximate amount of damages claimedclaimed and its standard or basis for calculation. 8. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant’s written consent for this purpose and make it available through the Internet and other meansSecretary-General to appoint that arbitrator. (9. The arbitration rules applicable under paragraph 4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by in effect on the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to date the respondent State and to the COMESA Secretariat. (5) A claim shall be deemed or claims were submitted to arbitration when under this Section, shall govern the claimants Notice of Arbitration is submitted arbitration except to the respondents extent modified by this Agreement and the Side Letter on Transparency Rules Applicable to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3)ISDS.

Submission of a Claim to Arbitration. (1) . In the event that a disputing party considers that a an investment dispute cannot be settled by alternative meansconsultation and negotiation: (a) the claimant, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State on its own behalf, may submit to arbitration under this Agreement Section a claim claim; (i) that the respondent has breached breached (A) an obligation under this Agreement, and Section A; (B) an investment authorization; (C) an investment agreement; and (ii) that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach;; and (2b) For greater certaintythe claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim referred to in Paragraph claim (1i) that the respondent has breached breached (A) an obligation through under Section A; (B) an investment authorization; (C) an investment agreement; and (ii) that the actions of a designated government monopolyenterprise has incurred loss or damage by reason of, local or state government or a state enterprise exercising delegated government authorityarising out of, that breach. (3) 2. At least 180 90 days before submitting any claim to arbitrationarbitration under this Section, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("“notice of intentionintent”). The notice shall specify: (a) the name and address of the claimant and, where a claim is submitted on behalf of an enterprise, the name, address, and its legal representativeplace of incorporation of the enterprise; (b) for each claim, the provision(s) provision of this Agreement Agreement, investment authorization or investment agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, and the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) 3. Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice claim referred to in paragraph 1: (a) under the ICSID Convention and the ICSID Rules of Procedures for Arbitration Proceedings, provided that both the respondent and the Party of the claimant are parties to the ICSID Convention; (b) under the ICSID Additional Facility Rules, provided that either the respondent State and or the Party of the claimant is a party to the COMESA SecretariatICSID Convention; (c) under the UNCITRAL Arbitration Rules; or (d) under the ICC Arbitration Rules. (5) 4. A claim shall be deemed submitted to arbitration under this Section when the claimants Notice claimant’s notice of or request for arbitration (“notice of arbitration”): (a) referred to in paragraph 1 of Article 36 of the ICSID Convention is received by the Secretary-General; (b) referred to in Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretary-General; (c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules, are received by the respondent; or (d) referred to in Article 4 of the ICC Arbitration Rules is received by the respondent. A claim asserted for the first time after such notice of arbitration is submitted shall be deemed submitted to arbitration under this Section on the date of its receipt under the applicable arbitral rules. 5. The arbitration rules applicable under paragraph 3, and in effect on the date the claim or claims were submitted to arbitration under this Section, shall govern the arbitration except to the respondents and to the COMESA Secretariatextent modified by this Agreement. 6. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant’s written consent for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3)Secretary-General to appoint such arbitrator.

Submission of a Claim to Arbitration. (1) In . If an investment dispute has not been resolved within six months of the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required receipt by the Agreement have been fulfilled: A Member State respondent of a written request for consultations pursuant to Article 8.19.2: (a) the claimant, on its own behalf, may submit to arbitration under this Agreement Section a claim claim: (i) that the respondent has breached an obligation under this Agreement, and Section A; and (ii) that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach;; and (2b) For greater certaintythe claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim referred to in Paragraph claim: (1i) that the respondent has breached an obligation under Section A; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach, 2. No claim may be brought under this Section in relation to an investment which has been established through the actions illegal conduct, including fraudulent misrepresentation, concealment or corruption. For greater certainty, this exclusion does not apply to investments established through minor or technical breaches of a designated government monopoly, local or state government or a state enterprise exercising delegated government authoritylaw. (3) . At least 180 90 days before submitting any claim to arbitrationarbitration under this Section, a potential the claimant shall deliver to the potential respondent a written notice of its intention to submit the a claim to arbitration ("notice of intentionintent). The notice shall specify: (a) the name and address of the claimant and, if a claim is submitted on behalf of an enterprise, the name, address and its legal representativeplace of incorporation of the enterprise; (b) for each claim, the provision(s) provision of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and and (d) _ the relief sought and, where appropriate, and the approximate amount of damages claimed. 4. The CCIA Committee claimant may establish submit a specific form claim referred to in paragraph 1 under one of the following alternatives: (a) the ICSID Convention and the ICSID Rules of Procedure for this purpose Arbitration Proceedings, provided that both the respondent and make it available through the Internet non-disputing Party are parties to the ICSID Convention; (b) the ICSID Additional Facility Rules, provided that either the respondent or the non-disputing Party is a party to the ICSID Convention; (c) the UNCITRAL Arbitration Rules; or (d) if the claimant and respondent agree, any other meansarbitral institution or any other arbitration rules. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and to the COMESA Secretariat. (5) . A claim shall be deemed submitted to arbitration under this Section when the claimants Notice claimant's notice of or request for arbitration (notice of arbitration): (a) referred to in the ICSID Convention is received by the Secretary-General; (b) referred to in the ICSID Additional Facility Rules is received by the Secretary-General; (c) referred to in the UNCITRAL Arbitration Rules, together with the statement of claim referred to therein, are received by the respondent; or (d) referred to under any arbitral institution or arbitration rules selected under paragraph 4(d) is received by the respondent. 6. A claim asserted by the claimant for the first time after such notice of arbitration is submitted shall be deemed submitted to arbitration under this Section on the date of its receipt under the applicable arbitration rules. 7. The arbitration rules applicable under paragraph 4 that are in effect on the date the claim or claims were submitted to arbitration under this Section shall govern the arbitration except to the respondents and to the COMESA Secretariatextent modified by this Agreement. 8. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant's written consent for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3)Secretary-General to appoint that arbitrator.

Submission of a Claim to Arbitration. (1) In the event that . If a disputing party Party considers that a dispute litigants cannot be settled by alternative means, and all other pre- conditions for such resolved a dispute as required relating to an investment by the Agreement have been fulfilled: A Member State consultation and negotiation: (a) The applicant, on its own behalf, may submit a claim to arbitration under this Agreement a claim that section alleges that (i) That the respondent has breached an obligation under this Agreement, and that section A; and (ii) That the claimant or its investor has incurred loss or damage by reason of, virtue of such violation or arising out of, that breach;as a result of it; and (2b) For greater certaintyThe applicant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls may directly or indirectly, in accordance with this section, to submit to arbitration a claim referred to in Paragraph alleging arbitration (1i) that That the respondent has breached an obligation through under section A; and (ii) That the actions enterprise has incurred loss or damage by virtue of such violation or as a designated government monopoly, local or state government or a state enterprise exercising delegated government authorityresult of the latter. (2. For greater certainty, no claim may be submitted to arbitration under this section alleging a violation of any provision of this Agreement other than an obligation under section A. 3) . At least 180 90 days before submitting any claim to arbitrationarbitration under this section, a potential the claimant to the respondent shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intentionintent). The notice shall specify: (a) the The name and address of the claimant and, in the event that the claim is submitted on behalf of an enterprise), the name, address and its legal representativeplace of incorporation of the enterprise; (b) Each claim for each claim, the provision(s) provision of this Agreement alleged to have been breached and any other relevant provisions; (c) the The legal and factual basis for each claim; and (d) the The relief sought and, where appropriate, and the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) . Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, . a claimant may formally submit a Notice of Arbitration claim referred to in paragraph 1: (a) In accordance with the ICSID Convention provided that both the party and the respondent parties are litigant thereof; (b) In accordance with the ICSID Additional Facility Rules), if the Party not combatant or the respondent, but not both, is a party to the respondent State and ICSID Convention; (c) In accordance with the UNCITRAL Arbitration Rules; or (d) If the parties involved so agree to the COMESA Secretariatarbitration, any other institution or under any other arbitration rules. (5) . A claim shall be deemed submitted to arbitration under this section when the claimants notice of or request for arbitration (Notice of Arbitration): the applicant (a) Referred to in paragraph (1) of article 36 of the ICSID Convention is received by the Secretary-General; (b) Referred to in article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretary-General; (c) Referred to in article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in article 18 of the UNCITRAL Arbitration Rules is received by the respondent; or (d) Referred to under any other arbitral institution or arbitral rules selected under paragraph 3 (d) is received by the respondent. A claim extended by the applicant for the first time after having been submitted the notice of arbitration shall be deemed submitted to arbitration under this section on the respondents date of its receipt in accordance with the applicable arbitration rules. 6. The arbitration rules applicable under paragraph 4, and which are in effect on the date the claim or claims that have been submitted to arbitration under this section shall govern the arbitration except to the COMESA Secretariatextent modified by this Agreement. 7. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration referred to in paragraph 5: (a) The name of the arbitrator it has appointed; or (b) The applicant's written consent for this purpose and make it available through the internet and other means. The Notice Secretary-General to appoint the arbitrator of Arbitration shall include, at a minimum, the information required in Paragraph (3)applicant.

Submission of a Claim to Arbitration. (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- pre-conditions for such a dispute as required by the Agreement have been fulfilled: A Member State may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; (2) For greater certainty, a claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("“notice of intention”). The notice shall specify: (a) the name and address of the claimant and its legal representative; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and Stateand to the COMESA Secretariat. (5) A claim shall be deemed submitted to arbitration when the claimants claimant’s Notice of Arbitration is submitted to the respondents and to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).

Submission of a Claim to Arbitration. (1) In . If an investment dispute has not been resolved within six months of the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required receipt by the Agreement have been fulfilled: A Member State respondent of a request for consultations: (a) the claimant, on its own behalf, may submit to arbitration under this Agreement Section a claim that that: (i) the respondent has breached an obligation under this Agreement, and that Section A; and (ii) the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach;; and (2b) For greater certaintythe claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim referred to in Paragraph that: (1i) that the respondent has breached an obligation through under Section A; and (ii) the actions of a designated government monopolyenterprise has incurred loss or damage by reason of, local or state government or a state enterprise exercising delegated government authorityarising out of, that breach. (3) 2. At least 180 90 days before submitting any claim to arbitrationarbitration under this Section, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("“notice of intentionintent”). The notice shall specify: (a) the name and address of the claimant and, where a claim is submitted on behalf of an enterprise, the name, address, and its legal representativeplace of incorporation of the enterprise; (b) for each claim, the provision(s) provision of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, and the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. 3. A claimant may submit a claim referred to in paragraph 1: (4a) Provided under the ICSID Convention, provided that at least six months have elapsed since both the events giving rise non-disputing Party and the respondent are parties to the claimICSID Convention; (b) under the ICSID Additional Facility Rules, and all other preprovided that either the non-conditions for such disputing Party or the respondent, but not both, is a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration party to the respondent State and ICSID Convention; (c) under the UNCITRAL Arbitration Rules; or (d) if the disputing parties agree, to the COMESA Secretariatany other arbitration institution or under any other arbitration rules. (5) 4. A claim shall be deemed submitted to arbitration under this Section when the claimants Notice claimant’s notice of Arbitration or request for arbitration (“notice of arbitration”) is received under the applicable arbitral rules. 5. The arbitration rules applicable under paragraph 3, and in effect on the date the claim or claims were submitted to arbitration under this Section, shall govern the respondents and arbitration except to the COMESA Secretariatextent modified by this Agreement. 6. The CCIA Committee may establish a specific form claimant shall provide with the notice of arbitration referred to in paragraph 4: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant’s written consent for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, Secretary-General to appoint the information required in Paragraph (3)claimant’s arbitrator.

Submission of a Claim to Arbitration. (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- pre-conditions for such a dispute as required by the Agreement have been fulfilled: A Member : a) the investment, on its own behalf, may submit to arbitration under this Agreement a claim that the respondent host State has breached an obligation under this Agreement and that the investment has incurred loss or damage by reason of, or arising out of, that breach; b) the investor, on its own or on behalf of the investment if it is the controlling investor, may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; c) a State Party may submit a claim to arbitration as claimant against an investor or investment. (2) For greater certainty, a an investor or investment claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government monopoly or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("“notice of intention”). The notice shall specify: (a) the name and address of the claimant and its legal representativerepresentative and, where a claim is submitted on behalf of an investment, the name, address and place of incorporation of the investment; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other meansmeans [and through the National Authorities]. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the [National Authority of the respondent State and State][and to the COMESA Secretariat]. (5) A claim shall be deemed submitted to arbitration when the claimants claimant’s Notice of Arbitration is submitted to the respondents [National Authority] [and to the COMESA Secretariat]. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means, [and through the National Authorities]. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).

Submission of a Claim to Arbitration. (1) In . After the event that minimum period referred to in Article 12.15.2 has elapsed, if a disputing party considers that a an investment dispute cannot be settled by alternative meansresolved through consultation and negotiation: (a) the claimant, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State at its own expense, may submit to arbitration under this Agreement a claim alleging: (i) that the respondent Respondent has breached an obligation u n d e r Section A, other than an obligation under this Agreement, and Article 12.8; and (ii) that the claimant has suffered loss or its investor damage by reason of or as a result of such breach. (b) the claimant, on behalf of an enterprise of the respondent that is a legal person owned or controlled directly or indirectly by the claimant, may, in accordance with this Section, submit to arbitration a claim alleging: (i) that the Respondent has incurred breached an obligation u n d e r Section A, other than an obligation under Article 12.8; and (ii) that the company has suffered loss or damage by reason of, or arising out as a result of, that breach;such violation. 2. At least ninety (290) For greater certainty, days before a claimant may submit claim is submitted to arbitration a claim referred pursuant to in Paragraph (1) that this Section, the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention intent to submit the claim to arbitration ("notice of intentionintent"). The notice shall specify: (a) the name and address of the claimant and, if the claim is submitted on behalf of a company, the name, address and its legal representativeplace of incorporation of the company; (b) for each claim, the provision(s) provision of this Agreement Section A alleged to have been breached violated and any other relevant provisionsapplicable provision; (c) the legal and factual basis for of each claim, including the measures at issue; and (d) the relief sought and, where appropriate, and the approximate amount of damages claimed. 3. The CCIA Committee may establish a specific form for this purpose and make claimant must also submit, together with its notice of intent, evidence establishing that it available through is an investor of the Internet and other meansParty. (4) . Provided that at least six (6) months have elapsed since the events giving rise to the claimclaim took place and provided that the claimant has If the conditions set out in Article 12.18 are fulfilled, the claimant may submit the claim referred to in paragraph 1: (a) in accordance with the ICSID Convention and all the ICSID Rules of Procedure for Arbitral Proceedings, provided that both the respondent and the Party of the claimant are parties to the ICSID Convention; (b) in accordance with the ICSID Additional Facility Rules, provided that either the respondent or the Party of the claimant is a party to the ICSID Convention; (c) in accordance with the UNCITRAL Arbitration Rules; or (d) if the disputing parties so agree, before an ad hoc arbitration institution, or before any other pre-conditions arbitration institution or under any other arbitration rules. 5. A claim shall be deemed to be submitted to arbitration under this Section when the claimant's notice or request for such a dispute as required arbitration ("notice of arbitration"): (a) referred to in Article 36(1) of the ICSID Convention, is received by the Agreement have been fulfilledSecretary-General; (b) referred to in Article 2 of Annex C of the ICSID Additional Facility Rules, a claimant may formally submit a Notice is received by the Secretary-General; (c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules, is received by the respondent; or (d) referred to any other arbitration institution or under any arbitration rules selected under subparagraph 4(d), is received by the respondent. Where, subsequent to the respondent State and submission of a claim to arbitration, an additional claim is submitted under the COMESA Secretariat. (5) A claim same arbitration procedure, it shall be deemed submitted to arbitration when under this Section on the claimants Notice date of Arbitration is its receipt under the applicable arbitration rules and the time limitation set forth in Article 12.18 shall apply. 6. The arbitration rules applicable pursuant to paragraph 4, and in effect on the date of the claim or claims submitted to arbitration under this Section, shall govern the respondents and arbitration except to the COMESA Secretariatextent modified or supplemented by this Agreement. 7. Liability between the disputing parties for the bearing of expenses, including, where appropriate, the award of costs pursuant to Article 12.21, arising out of their participation in the arbitration shall be established: (a) by the arbitration institution before which the claim has been submitted to arbitration, in accordance with its rules of procedure; or (b) according to the rules of procedure agreed upon by the disputing parties, when applicable. 8. The CCIA Committee may establish a specific form for this purpose and make it available through claimant shall deliver together with the internet and other means. The Notice notice of Arbitration shall include, at a minimum, arbitration referred to in paragraph 5: (a) the information required in Paragraph name of the arbitrator appointed by the claimant; or (3)b) the written consent of the claimant to the appointment of such arbitrator by the Secretary General.