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

Submission of a Claim to Arbitration. 1. If an investment dispute has not been resolved within six months of the receipt by the respondent of a written request for consultations in accordance with Article 23.2: (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim that: (i) the respondent has breached an obligation under Section A (Definitions and Substantive Obligations); and (ii) the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim that: (i) the respondent has breached an obligation under Section A (Definitions and Substantive Obligations); and (ii) the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 2. At least 90 days before submitting any claim to arbitration under this Section, the claimant shall deliver to the respondent a written notice of its intention to submit a claim to arbitration (notice of intent). 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 place of incorporation of the enterprise; (b) for each claim, the 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 the approximate amount of damages claimed. 3. The claimant may submit a claim referred to in paragraph 1: (a) under the UNCITRAL Arbitration Rules; or (b) if the disputing parties agree, to any other arbitral institution or under any other arbitration rules. 4. 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 the UNCITRAL Arbitration Rules, together with the statement of claim referred to therein, are received by the respondent; or (b) referred to under any arbitral institution or arbitration rules selected under paragraph 3(b) is received by the respondent. 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. 5. The arbitration rules applicable under paragraph 3 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 extent that such arbitration rules are modified by this Agreement. 6. The 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 the Secretary-General to appoint that arbitrator.

Submission of a Claim to Arbitration. 1. If an investment dispute has not been resolved within six months of the receipt by the respondent of a written request for consultations in accordance with pursuant to Article 23.2:23.2 (Consultation and Negotiation): (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim thatclaim: (i) that the respondent has breached an obligation under Section A (Definitions and Substantive Obligations)A; and (iii) that the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the 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 thatclaim: (i) that the respondent has breached an obligation under Section A (Definitions and Substantive Obligations)A; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 2. At least 90 days before submitting any claim to arbitration under this Section, the claimant shall deliver to the respondent a written notice of its intention to submit a claim to arbitration (notice of intent). 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 place of incorporation of the enterprise; (b) for each claim, the 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 the approximate amount of damages claimed. 3. The claimant may submit a claim referred to in paragraph 11 under one of the following alternatives: (a) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; (b) the ICSID Additional Facility Rules; (c) the UNCITRAL Arbitration Rules; or (bd) if the disputing parties claimant and respondent agree, to any other arbitral institution or under any other arbitration rules. 4. A claim shall be deemed submitted to arbitration under this Section when the claimant’s '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 (bd) referred to under any arbitral institution or arbitration rules selected under paragraph 3(b3(d) is received by the respondent. 5. A claim Acclaim 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. 56. The arbitration rules applicable under paragraph 3 that are in effect on the date the claim or claims were submitted to arbitration under this Section shall govern the arbitration, arbitration except to the extent that such arbitration rules are modified by this Agreement. 67. The claimant shall provide with the notice of arbitration: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant’s 's written consent for the Secretary-General to appoint that arbitrator.

Submission of a Claim to Arbitration. 1. If an investment dispute has not been resolved within six months of the receipt by the respondent of a written request for consultations in accordance with Article 23.2consultations: (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim that: (i) the respondent has breached an obligation under Section A B (Definitions and Substantive Obligations), other than an obligation under Article 12 (Transparency), Article 15 (Investment and Environmental, Health or other Regulatory Objectives), or Article 16 (Corporate Social Responsibility); and (ii) the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim that: (i) the respondent has breached an obligation under Section A B (Definitions and Substantive Obligations), other than an obligation under Article 12 (Transparency), Article 15 (Investment and Environmental, Health or other Regulatory Objectives), or Article 16 (Corporate Social Responsibility); and (ii) the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 2. At least 90 days before submitting any claim to arbitration under this Section, the a claimant shall deliver to the respondent a written notice of its intention to submit a the claim to arbitration (“notice of intent”). The notice shall specify: (a) the name and address of the claimant and, if where a claim is submitted on behalf of an enterprise, the name, address address, and place of incorporation constitution or organisation of the enterprise; (b) for each claim, the 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 the approximate amount of damages claimed. 3. The With its notice of intent, a claimant shall deliver to the respondent evidence establishing that it is an investor of the non-disputing Party. 4. A claimant may submit a claim referred to in paragraph 1: (a) under the UNCITRAL Arbitration Rules; or (b) if the disputing parties agree, to any other arbitral arbitration institution or under any other arbitration rules. 45. The Parties may adopt supplemental rules of procedure to the arbitration rules applicable under paragraph 4 and these rules shall apply to the arbitration. The Parties shall promptly publish the supplemental rules of procedure that they adopt or otherwise make them available to interested persons. 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 the UNCITRAL Arbitration Rules, together with the statement of claim referred to therein, are received by the respondent; or (b) referred to under any arbitral institution or arbitration rules selected under paragraph 3(b4(b) is received by the respondent. 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. 57. The arbitration rules applicable under paragraph 3 that are in effect on the date the claim or claims were submitted to arbitration under this Section 4 shall govern the arbitration, arbitration except to the extent that such arbitration rules are modified by this Agreement. 68. The 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 the Secretary-General to appoint that the claimant’s arbitrator. 9. If, following the submission of a claim to arbitration under this Section, the claimant fails to take any steps in the proceeding during six consecutive months, and if the disputing parties do not agree otherwise, the claimant shall be deemed to have withdrawn its claim and to have discontinued the proceedings. Thereupon, the claim shall be deemed not to have been filed under this Section and the authority of any tribunal constituted to hear that claim shall be deemed to have lapsed.

Submission of a Claim to Arbitration. 1. If In the event that a disputing party considers that an investment dispute has cannot been resolved within six months of the receipt be settled by the respondent of a written request for consultations in accordance with Article 23.2consultation and negotiation: (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim that:claim (i) that the respondent has breached breached (A) an obligation under Section A Articles 3 through 10, (Definitions and Substantive Obligations)B) an investment authorization, or (C) an investment agreement; and (ii) that the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls cont rols directly or indirectly, may submit to arbitration under this Section a claim that:claim (i) that the respondent has breached breached (A) an obligation under Section A Articles 3 through 10, (Definitions and Substantive Obligations)B) an investment authorization, or (C) an investment agreement; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 2. At least 90 days before submitting any claim to arbitration under this Section, the a claimant shall deliver to the respondent a written notice of its intention to submit a the claim to arbitration (“notice of intent”). The notice shall specify: (a) the name and address of the claimant and, if where a claim is submitted on behalf of an enterprise, the name, address address, and place of incorporation of the enterprise; (b) for each claim, the provision of this Agreement Treaty, 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 the approximate amount of damages claimed. 3. The Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to in paragraph 1: (a) under the ICSID Convention and the ICSID Rules of Procedure for Arbitratio n 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; or (bd) if the disputing parties claimant and respondent agree, to any other arbitral arbitration institution or under any other arbitration rules. 4. 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 thereinin Article 18 of the UNCITRAL Arbitration Rules, are received by the respondent; or (bd) referred to under any other arbitral institution or arbitration arbitral rules selected under paragraph 3(b3(d) is received by the respondent. 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 arbitral rules. 5. The arbitration rules applicable under paragraph 3 that are 3, and in effect on the date the claim or claims were submitted to arbitration under this Section Section, shall govern the arbitration, arbitration except to the extent that such arbitration rules are modified by this AgreementTreaty. 6. The claimant shall provide with the notice of arbitrationarbitration referred to in paragraph 4: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant’s written consent for the Secretary-General to appoint that the claimant’s arbitrator.

Submission of a Claim to Arbitration. 1. If a dispute concerning an investment dispute has not been resolved settled within six (6) months of following the receipt by the respondent of a written the request for consultations in accordance with Article 23.2consultations: (a) the claimant, on its in his own behalfname, may submit to arbitration under a claim, in accordance with this Section a claim thatSection, alleging: (i) that the respondent defendant has breached violated an obligation under Section A (Definitions and Substantive Obligations)A; and (ii) that the claimant plaintiff has incurred loss suffered losses or damage damages by reason of, virtue of or arising out of, that as a result of said breach; and; (b) the claimant, on behalf of an enterprise of the respondent defendant that is a legal person owned by the claimant owns plaintiff or controls directly under its direct or indirectlyindirect control, may may, in accordance with this Section, submit to arbitration under this Section a claim thatalleging: (i) that the respondent defendant has breached violated an obligation under Section A (Definitions and Substantive Obligations)A; and (ii) that the enterprise company has incurred loss suffered losses or damage damages by reason of, or arising out of, that breachvirtue of said violation Or as a result of this. 2. At least 90 ninety (90) days before submitting any a claim is submitted to arbitration under this Section, the claimant shall deliver to the respondent a defendant written notice of its his intention to submit a the claim to arbitration ("notice of intent"). The notice notification shall specify: (a) the name and address of the claimant and, if a where the claim is submitted on behalf of an enterpriseundertaking, the name, address and place of incorporation of the enterpriseundertaking; (b) for each claim, the provision of this Agreement alleged to have been breached and any other relevant provisionsprovision; (c) the legal issues of fact and factual basis for law on which each claimclaim is based; and (d) the relief sought repair requested and the approximate amount of damages claimed. 3. The claimant may submit a the claim referred to in paragraph 1: (a) under in accordance with the ICSID Convention, provided that both the non-disputing and the respondent are parties to the ICSID Convention; (b) in accordance with the ICSID Additional Facility Rules, provided that the non-disputing Party or the respondent, but not both, are parties to the ICSID Convention; (c) in accordance with the UNCITRAL Arbitration Rules; or (bd) if the disputing parties so agree, to any other arbitral arbitration institution or under in accordance with any other arbitration rulesregulation. 4. A claim shall be deemed to be 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 Annex C of the ICSID Supplementary Mechanism Rules is received by the Secretary-General; (c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the statement writ of claim referred to thereinin Article 18 of the UNCITRAL Arbitration Rules, are is received by the respondentdefendant; or (bd) referred to under which any arbitral institution or any other arbitration rules selected under chosen pursuant to paragraph 3(b3 (d) refer, is received by the respondent. 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. 5. The arbitration rules applicable under in accordance with paragraph 3 that 3, and which are in effect force on the date the claim or claims were have been submitted to arbitration under this Section Section, shall govern the arbitration, arbitration except to the extent that such arbitration rules are it is modified by this arbitration Agreement. 6. The claimant shall provide with deliver in the notice of arbitrationarbitration referred to in paragraph 4: (a) the name of the arbitrator that appointed by the claimant appointscomplainant; or (b) the claimant’s plaintiff's written consent for the Secretary-General to appoint that name the plaintiff's arbitrator.

Submission of a Claim to Arbitration. 1. If an investment dispute has not been resolved within six months of the receipt by the respondent of a written request for consultations in accordance with Article 23.2consultations: (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim that: (i) the respondent has breached an obligation under Section A B (Definitions and Substantive Obligations), other than an obligation under Article 12 (Transparency), Article 15 (Investment and Environmental, Health or other Regulatory Objectives), or Article 16 (Corporate Social Responsibility); and (ii) the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim that: (i) the respondent has breached an obligation under Section A B (Definitions and Substantive Obligations), other than an obligation under Article 12 (Transparency), Article 15 (Investment and Environmental, Health or other Regulatory Objectives), or Article 16 (Corporate Social Responsibility); and (ii) the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 2. At least 90 days before submitting any claim to arbitration under this Section, the a claimant shall deliver to the respondent a written notice of its intention to submit a the claim to arbitration ("notice of intent"). The notice shall specify: (a) the name and address of the claimant and, if where a claim is submitted on behalf of an enterprise, the name, address address, and place of incorporation constitution or organisation of the enterprise; (b) for each claim, the 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 the approximate amount of damages claimed. 3. The With its notice of intent, a claimant shall deliver to the respondent evidence establishing that it is an investor of the non- disputing Party. 4. A claimant may submit a claim referred to in paragraph 1: (a) under the UNCITRAL Arbitration Rules; or (b) if the disputing parties agree, to any other arbitral arbitration institution or under any other arbitration rules. 45. The Parties may adopt supplemental rules of procedure to the arbitration rules applicable under paragraph 4 and these rules shall apply to the arbitration. The Parties shall promptly publish the supplemental rules of procedure that they adopt or otherwise make them available to interested persons. 6. A claim shall be deemed submitted to arbitration under this Section when the claimant’s 's notice of or request for arbitration ("notice of arbitration"): (a) referred to in the UNCITRAL Arbitration Rules, together with the statement of claim referred to therein, are received by the respondent; or (b) referred to under any arbitral institution or arbitration rules selected under paragraph 3(b4(b) is received by the respondent. 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. 57. The arbitration rules applicable under paragraph 3 that are in effect on the date the claim or claims were submitted to arbitration under this Section 4 shall govern the arbitration, arbitration except to the extent that such arbitration rules are modified by this Agreement. 68. The claimant shall provide with the notice of arbitration: (a) the name of the arbitrator that the claimant appoints; or (b) the claimant’s 's written consent for the Secretary-General to appoint that the claimant's arbitrator. 9. If, following the submission of a claim to arbitration under this Section, the claimant fails to take any steps in the proceeding during six consecutive months, and if the disputing parties do not agree otherwise, the claimant shall be deemed to have withdrawn its claim and to have discontinued the proceedings. Thereupon, the claim shall be deemed not to have been filed under this Section and the authority of any tribunal constituted to hear that claim shall be deemed to have lapsed.

Submission of a Claim to Arbitration. 1. If After the minimum period of time referred to in Article 10.16(3), if a disputing party considers that an investment dispute has cannot been be resolved within six months of the receipt by the respondent of a written request for consultations in accordance with Article 23.2consultation and negotiation: (a) the claimant, on at its own behalfexpense, may submit to arbitration under this Section a claim thatalleging: (i) that the respondent has breached an obligation under Section A (Definitions and Substantive Obligations)B, other than an obligation under Article 10.8; and (ii) that the claimant has incurred suffered loss or damage by reason of, or arising out as a result of, that such breach; and. (b) the claimant, on behalf of an enterprise of the respondent that the claimant owns is a legal person owned or controls controlled directly or indirectlyindirectly by the claimant, may may, in accordance with this Section, submit to arbitration under this Section a claim thatalleging: (i) that the respondent has breached an obligation under Section A (Definitions and Substantive Obligations)B, other than an obligation under Article 10.8; and (ii) that the enterprise has incurred suffered loss or damage by reason of, or arising out as a result of, that such breach.. For greater certainty, no claim may be submitted to arbitration under this Section alleging a breach of any provision of this Agreement other than an obligation under Section B. 2. At least 90 days before submitting any a claim is submitted to arbitration under this Section, the claimant shall deliver to the respondent a written notice of its intention to submit a the claim to arbitration (notice of intent). The notice shall specify: (a) the name and address of the claimant and, if a the claim is submitted on behalf of an enterprisea corporation, the name, address and place of incorporation of the enterprisecorporation; (b) for each claim, the provision of this Agreement Section B alleged to have been breached violated and any other relevant provisionsapplicable provision; (c) the legal and factual basis for issues on which each claim; andclaim is based; (d) the relief sought and the approximate amount of damages claimed; and (e) evidence establishing that it is an investor of the other Party and the existence of a covered investment. 3. The Provided that at least 6 months have elapsed since the events giving rise to the claim took place, and provided that the claimant has complied with the conditions set out in Article 10.19, the claimant may submit a the claim referred to in paragraph 1: (a) under in accordance with the ICSID Convention and the Rules of Procedure Applicable to ICSID Arbitration Proceedings, provided that both the respondent and the Party of the claimant are parties to the ICSID Convention; (b) pursuant to 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 (bd) if the disputing parties so agree, to before any other arbitral arbitration institution or under any other arbitration rules. 4. A claim shall be deemed to be submitted to arbitration under this Section when the claimant’s 's notice of or request for arbitration (notice of arbitration):) referred to in: (a) referred to in Article 36(1) of the ICSID Convention, is received by the Secretary-General; (b) Article 2 of Annex C of the ICSID Additional Facility Rules, is received by the Secretary-General; (c) Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to thereinin Article 18 of the UNCITRAL Arbitration Rules, are is received by the respondent; or (bd) referred to under any arbitral other arbitration institution or any other arbitration rules selected under paragraph 3(bsubparagraph 3(d) is received by the arbitration institution or the respondent, as applicable. A claim asserted by The Claimant shall deliver with the claimant for the first time after such notice of arbitration the name of the arbitrator appointed by it, or its written consent to the appointment of such arbitrator by the Secretary-General. 5. The arbitration rules applicable pursuant to paragraph 3 and in effect on the date of the claim or claims submitted to arbitration pursuant to this Section shall govern the arbitration, including with respect to the award of costs and, where applicable, the award of costs, except to the extent modified or supplemented by this Agreement. 6. Where, subsequent to the submission of a claim to arbitration, an additional claim is submitted under the same arbitral procedure, it shall be deemed submitted to arbitration under this Section on the date of its receipt under receipt, subject to the applicable arbitration rulesarbitral rules and the conditions and limitations of Article 10. 57. The arbitration rules applicable under paragraph 3 that are in effect on the date the For greater certainty, where a claim or claims were is submitted to arbitration under this Section shall govern subparagraph (1)(a), only loss or damage suffered by the arbitration, except to claimant as an investor in respect of an investment in the extent that such arbitration rules are modified by this Agreement. 6. The claimant shall provide with the notice of arbitration: (a) the name territory of the arbitrator respondent is claimable under that the claimant appoints; or (b) the claimant’s written consent for the Secretary-General to appoint that arbitratorprovision.

Submission of a Claim to Arbitration. 1. If an investment dispute has not been resolved within six months of the receipt by the respondent of a written request for consultations in accordance with pursuant to Article 23.2:23.2 (Consultation and Negotiation): (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim thatclaim: (i) that the respondent has breached an obligation under Section A (Definitions and Substantive Obligations)A; and (ii) that the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the 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 thatclaim: (i) that the respondent has breached an obligation under Section A (Definitions and Substantive Obligations)A; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 2. At least 90 days before submitting any claim to arbitration under this Section, the claimant shall deliver to the respondent a written notice of its intention to submit a claim to arbitration (notice of intent). 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 place of incorporation of the enterprise; (b) for each claim, the 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 the approximate amount of damages claimed. 3. The claimant may submit a claim referred to in paragraph 11 under one of the following alternatives: (a) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; (b) the ICSID Additional Facility Rules; (c) the UNCITRAL Arbitration Rules; or (bd) if the disputing parties claimant and respondent agree, to any other arbitral institution or under any other arbitration rules. 4. 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 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 (bd) referred to under any arbitral institution or arbitration rules selected under paragraph 3(b3(d) is received by the respondent. 5. 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. 56. The arbitration rules applicable under paragraph 3 that are in effect on the date the claim or claims were submitted to arbitration under this Section shall govern the arbitration, arbitration except to the extent that such arbitration rules are modified by this Agreement. 67. The 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 the Secretary-General to appoint that arbitrator.