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

Submission of a Claim to Arbitration. 1. With regard to the submission of a claim to arbitration by a disputing investor, the disputing Party may require, subject to its laws and regulations, that local administrative remedies shall be exhausted in advance. Procedure for such remedies shall in no case exceed six months from the date of receipt of the written notification from the disputing investor requesting the commencement of the procedure by the disputing Party and shall not prevent the disputing investor from requesting consultations and negotiations referred to in Article 26. 2. In the event that an investment dispute cannot be settled through consultations and negotiations within the period of time set out in paragraph 5: (a) the disputing investor, on its own behalf, may submit to arbitration under this Chapter a claim: (i) that the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 9 and 20; and (ii) that the disputing investor has incurred loss or damage by reason of, or arising out of, that breach; and (b) the disputing investor, on behalf of an enterprise of the disputing Party that is a juridical person that the disputing investor owns or controls directly or indirectly, may submit to arbitration under this Chapter a claim: (i) that the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 9; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach, provided that the local administrative remedies have been exhausted in accordance with paragraph 1, as may be required by the disputing Party pursuant to that paragraph. 3. The disputing investor who intends to submit the investment dispute to arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of intent to do so at least forty-five (45) days before the submission. The notice of intent shall specify: (a) the name and address of the disputing investor and, in the case of subparagraph 2(b), the name, address and place of incorporation of the enterprise; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Agreement alleged to have been breached; (c) arbitration set forth in paragraph 5 which the disputing investor will choose; and (d) the relief sought and the approximate amount of damages claimed. 4. In cases where the disputing investor is a national or an enterprise of a Contracting Party, that disputing investor must deliver evidence establishing that it is a national or an enterprise of a Contracting Party with the notice of intent referred to in paragraph 3. 5. If the investment dispute cannot be settled within seven months and fifteen days from the date on which the disputing investor requested the disputing Party in writing for consultations and negotiations referred to in Article 26, the disputing investor may submit a claim referred to in paragraph 2 to one of the following arbitrations: (a) arbitration under the ICSID Convention, provided that both Contracting Parties are parties to the ICSID Convention; (b) arbitration under the ICSID Additional Facility Rules, provided that either Contracting Party, but not both, is a party to the ICSID Convention; (c) arbitration under the UNCITRAL Arbitration Rules; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules, including under an ad hoc arbitration institution. 6. A claim shall be deemed submitted to arbitration under this Chapter, when the disputing investor’s notice of arbitration or request for arbitration (hereinafter collectively referred to in this Chapter as “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, is received by the disputing Party; or (d) under any other arbitration institution or arbitral rules chosen under subparagraph 5(d), is received by the disputing Party, unless otherwise specified by such institution or in such rules. 7. The arbitration rules applicable under paragraph 5, which are in effect on the date the claim is submitted to arbitration, shall govern the arbitration under this Chapter except to the extent modified or supplemented by this Chapter. 8. The disputing investor shall provide with the notice of arbitration: (a) the name of the arbitrator that the disputing investor appoints; or (b) the disputing investor’s written consent for the Secretary-General to appoint the disputing investor’s arbitrator.

Submission of a Claim to Arbitration. 1. With regard to the submission of a claim to arbitration by a disputing investor, the disputing Party may require, subject to its laws and regulations, that local administrative remedies shall be exhausted in advance. Procedure for such remedies shall in no case exceed six months from the date of receipt of the written notification from the disputing investor requesting the commencement of the procedure by the disputing Party and shall not prevent the disputing investor from requesting consultations and negotiations referred to in Article 26. 2. In the event that an investment dispute cannot be settled through consultations and negotiations within the period of time set out in paragraph 5: (a) the disputing investor, on its own behalf, may submit to arbitration under this Chapter a claim: (i) that the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 9 and 20; and (ii) that the disputing investor has incurred loss or damage by reason of, or arising out of, that breach; and (b) the disputing investor, on behalf of an enterprise of the disputing Party that is a juridical person that the disputing investor owns or controls directly or indirectly, may submit to arbitration under this Chapter a claim: (i) that the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 99 and 20; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach, provided that the local administrative remedies have been exhausted in accordance with paragraph 1, as may be required by the disputing Party pursuant to that paragraph. 3. The disputing investor who intends to submit the investment dispute to arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of intent to do so at least forty-five (45) days before the submission. The notice of intent shall specify: (a) the name and address of the disputing investor and, in the case of subparagraph 2(b), the name, address and place of incorporation of the enterprise; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Agreement alleged to have been breached; (c) arbitration set forth in paragraph 5 which the disputing investor will choose; and (d) the relief sought and the approximate amount of damages claimed. 4. In cases where the disputing investor is a national or an enterprise of a Contracting Party, that disputing investor must deliver evidence establishing that it is a national or an enterprise of a Contracting Party with the notice of intent referred to in paragraph 3. 5. If the investment dispute cannot be settled within seven months and fifteen days from the date on which the disputing investor requested the disputing Party in writing for consultations and negotiations referred to in Article 26, the disputing investor may submit a claim referred to in paragraph 2 to one of the following arbitrations: (a) arbitration under the ICSID Convention, provided that both Contracting Parties are parties to the ICSID Convention; (b) arbitration under the ICSID Additional Facility Rules, provided that either Contracting Party, but not both, is a party to the ICSID Convention; (c) arbitration under the UNCITRAL Arbitration Rules; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules, including under an ad hoc arbitration institution. 6. A claim shall be deemed submitted to arbitration under this Chapter, when the disputing investor’s notice of arbitration or request for arbitration (hereinafter collectively referred to in this Chapter as “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, is received by the disputing Party; or (d) under any other arbitration institution or arbitral rules chosen under subparagraph 5(d), is received by the disputing Party, unless otherwise specified by such institution or in such rules. 7. The arbitration rules applicable under paragraph 5, which are in effect on the date the claim is submitted to arbitration, shall govern the arbitration under this Chapter except to the extent modified or supplemented by this Chapter. 8. The disputing investor shall provide with the notice of arbitration: (a) the name of the arbitrator that the disputing investor appoints; or (b) the disputing investor’s written consent for the Secretary-General to appoint the disputing investor’s arbitrator.

Submission of a Claim to Arbitration. 1. With regard to The Claimant may submit a claim that the submission Respondent has adopted or maintained a measure that breaches certain investment protections of the Arrangement as incorporated into this Agreement in accordance with Article 5 of this Agreement, and that the Claimant as an investor of the territory of a claim to arbitration by a disputing investor, the disputing Party may require, subject to its laws and regulations, that local administrative remedies shall be exhausted in advance. Procedure for such remedies shall in no case exceed six months from the date of receipt of the written notification from the disputing investor requesting the commencement of the procedure by the disputing Party and shall not prevent the disputing investor from requesting consultations and negotiations referred to in Article 26. 2. In the event that an investment dispute cannot be settled through consultations and negotiations within the period of time set out in paragraph 5: (a) the disputing investor, on its own behalf, may submit to arbitration under this Chapter a claim: (i) that the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 9 and 20; and (ii) that the disputing investor Participant has incurred loss or damage by reason of, or arising out of, that breach, requesting the Respondent to consent to submit the Investment Dispute to arbitration, only if: (a) the Claimant has fulfilled the requirements of Paragraph 24 of the Arrangement as incorporated into this Agreement; (b) 180 days have elapsed since the receipt by the Respondent of a request for consultations under Paragraph 24 of the Arrangement; (c) the claim relates to measures identified in the Claimant’s request for consultations under Paragraph 24 of the Arrangement; (d) the Claimant consents to dispute settlement in accordance with the procedures set out in this Agreement; and (be) the disputing investorClaimant and, if the claim is for loss or damage to an interest in an enterprise of the territory of the Respondent that is a juridical person that the Claimant owns or controls directly or indirectly, the enterprise, waives its right to initiate or continue before any administrative tribunal or court under domestic law, or other dispute settlement procedure, any proceeding with respect to the measure of the Respondent referred to in Paragraph 24(2) of the Arrangement that is alleged to be a breach of certain investment protections of the Arrangement as incorporated into this Agreement, except for a proceeding for injunctive, declaratory, or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the Respondent. 2. The Claimant as an investor of the territory of a Participant on behalf of an enterprise of the disputing Party territory of the Respondent that is a juridical person that the disputing investor Claimant owns or controls directly or indirectly, may submit to arbitration under this Chapter make a claim: (i) claim that the disputing Party Respondent has breached an obligation under Chapter II other than paragraphs 2 adopted or maintained a measure that breaches certain investment protections of the Arrangement as incorporated into this Agreement in accordance with Article 5 of this Agreement, and 4 of Article 7, Articles 8, 9; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach, provided that the local administrative remedies have been exhausted in accordance with paragraph 1, as may be required by the disputing Party pursuant to that paragraph. 3. The disputing investor who intends to submit the investment dispute to arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of intent to do so at least forty-five (45) days before the submission. The notice of intent shall specifyonly if: (a) the name and address Claimant has fulfilled the requirements of Paragraph 24 of the disputing investor and, in the case of subparagraph 2(b), the name, address and place of incorporation of the enterpriseArrangement as incorporated into this Agreement; (b) 180 days have elapsed since the specific measures receipt by the Respondent of a request for consultations under Paragraph 24 of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Agreement alleged to have been breachedArrangement; (c) arbitration set forth the claim relates to measures identified in paragraph 5 which the disputing investor will choose; andClaimant’s request for consultations under Paragraph 24 of the Arrangement; (d) the relief sought Claimant consents to dispute settlement in accordance with the procedures set out in this Agreement; and (e) both the Claimant and the approximate amount enterprise waive their right to initiate or continue before an administrative tribunal or court under domestic law, or other dispute settlement procedure, any proceeding with respect to the measure of damages claimedthe Respondent referred to in Paragraph 24(2) of the Arrangement that is alleged to be a breach of certain investment protections of the Arrangement as incorporated into this Agreement, except for a proceeding for injunctive, declaratory, or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the Respondent. 3. A consent and waiver required by this Article shall be in writing, shall be delivered to the Respondent, and shall be included in the submission of a claim to arbitration. 4. In cases where Notwithstanding paragraph 3 of this Article, a waiver from the disputing investor enterprise under paragraph 1(e) or 2(e) of this Article is a national or an enterprise not required if the Respondent has deprived the Claimant of a Contracting Party, that disputing investor must deliver evidence establishing that it is a national or an enterprise control of a Contracting Party with the notice of intent referred to in paragraph 3enterprise. 5. If the investment Claimant makes a claim under paragraph 2 of this Article and the Claimant or a non-controlling investor in the enterprise makes a claim under paragraph 1 arising out of the same events or circumstances, and two or more of the claims are submitted to dispute cannot be settled within seven months and fifteen days from the date on which the disputing investor requested the disputing Party in writing for consultations and negotiations referred to in Article 26settlement under this Article, the disputing investor claims should be heard together by a Tribunal constituted under Article 15 of this Agreement, unless the Tribunal finds that the interests of a Disputing Party would be prejudiced thereby. 6. The Claimant may submit a claim referred to in paragraph 2 to one of the following arbitrationsdispute settlement under: (a) arbitration under the ICSID Convention, provided that both Contracting Parties are parties to the ICSID Convention; (b) arbitration under the ICSID Additional Facility Rules, provided that either Contracting Party, but not both, is a party to the ICSID Convention; (c) arbitration under the UNCITRAL Arbitration Rules; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules, including under an ad hoc arbitration institution. 6. A claim shall be deemed submitted to arbitration under this Chapter, when the disputing investor’s notice of arbitration or request for arbitration (hereinafter collectively referred to in this Chapter as “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, is received by the disputing Party; or (d) under any other arbitration institution or arbitral rules chosen under subparagraph 5(d), is received by the disputing Party, unless otherwise specified by such institution or in such rules. 7. The arbitration rules applicable under paragraph 5, which are in effect on the date the claim is submitted to arbitration, shall govern the arbitration under this Chapter except to the extent modified or supplemented by this Chapter. 8. The disputing investor shall provide with the notice of arbitration: (a) the name of the arbitrator that the disputing investor appoints; or (b) the disputing investor’s written consent for the Secretary-General to appoint the disputing investor’s arbitrator.

Submission of a Claim to Arbitration. 1. With regard to the submission of a claim to arbitration by a disputing investor, the disputing Party may require, subject to its laws and regulations, that local administrative remedies shall be exhausted in advance. Procedure for such remedies shall in no case exceed six months from the date of receipt of the written notification from the disputing investor requesting the commencement of the procedure by the disputing Party and shall not prevent the disputing investor from requesting consultations and negotiations referred to in Article 26. 2. In the event that an investment dispute cannot be settled through consultations and negotiations within the period of time set out in paragraph 5: (a) the disputing investor, on its own behalf, may submit Submit to arbitration under this Chapter a claim: (i) that That the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 9 and 202 0; and (ii) that the disputing investor has incurred loss Loss or damage by reason of, or arising out of, that breach; and (b) the disputing investor, on behalf of an enterprise Enterprise of the disputing Party that is a juridical person that the disputing investor owns or controls directly or indirectly, may submit to arbitration under this Chapter a claim: (i) that the disputing Party has breached an obligation under Chapter II other than paragraphs 2 and 4 of Article 7, Articles 8, 9; and (ii) that the enterprise has incurred loss or damage Damage by reason of, or arising out of, that breach, provided Provided that the local administrative remedies have been exhausted in accordance with paragraph 1, as may be required by the disputing Party pursuant to that paragraph. 3. The disputing investor who intends to submit the investment dispute to arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of intent to do so at least forty-five (45) days before the submission. The notice of intent shall specify: (a) the name and address of the disputing investor and, in the case of subparagraph 2(b), the name, address and place of incorporation of the enterprise; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Agreement alleged to have been breached; (c) arbitration set forth in paragraph 5 which the disputing investor will choose; and (d) the relief sought and the approximate amount of damages claimed. 4. In cases where the disputing investor is a national or an enterprise of a Contracting Party, that disputing investor must deliver evidence establishing that it is a national or an enterprise of a Contracting Party with the notice of intent referred to in paragraph 3. 5. If the investment dispute cannot be settled within seven months and fifteen days from the date on which the disputing investor requested the disputing Party in writing for consultations and negotiations referred to in Article 26, the disputing investor may submit a claim referred to in paragraph 2 to one of the following arbitrations: (a) arbitration under the ICSID Convention, provided that both Contracting Parties are parties to the ICSID Convention; (b) arbitration under the ICSID Additional Facility Rules, provided that either Contracting Party, but not both, is a party to the ICSID Convention; (c) arbitration under the UNCITRAL Arbitration Rules; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules, including under an ad hoc arbitration institution. 6. A claim shall be deemed submitted to arbitration under this Chapter, when the disputing investor’s 's notice of arbitration or request for arbitration (hereinafter collectively referred to in this Chapter as “"notice of arbitration”"): (a) referred to in paragraph (1) of Article 36 of the ICSID Convention is received by the Secretary- 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 disputing Party; or (d) under any other arbitration institution or arbitral rules chosen under subparagraph 5(d), is received by the disputing Party, unless otherwise specified by such institution or in such rules. 7. The arbitration rules applicable under paragraph 5, which are in effect on the date the claim is submitted to arbitration, shall govern the arbitration under this Chapter except to the extent modified or supplemented by this Chapter. 8. The disputing investor shall provide with the notice of arbitration: (a) the name of the arbitrator that the disputing investor appoints; or (b) the disputing investor’s 's written consent for the Secretary-General to appoint the disputing investor’s 's arbitrator.

Submission of a Claim to Arbitration. 1. With regard to the submission An investor of a claim to arbitration by a disputing investor, the disputing Party may require, subject to its laws and regulations, that local administrative remedies shall be exhausted in advance. Procedure for such remedies shall in no case exceed six months from the date of receipt of the written notification from the disputing investor requesting the commencement of the procedure by the disputing Party and shall not prevent the disputing investor from requesting consultations and negotiations referred to in Article 26. 2. In the event that an investment dispute cannot be settled through consultations and negotiations within the period of time set out in paragraph 5: (a) the disputing investor, on its own behalf, may submit to arbitration under this Chapter make a claim: (i) claim that the disputing other Party has breached an obligation under Chapter II other than paragraphs 2 in accordance with Article 24 (Scope and 4 of Article 7Purpose), Articles 8, 9 and 20; and (ii) that the disputing investor has incurred loss or damage by reason of, or arising out of, that breach, only if: (a) the investor has fulfilled the requirements of Article 25 (Request for Consultations); (b) 180 days have elapsed since the receipt by the other Party of a request for consultations under Article 25 (Request for Consultations); (c) the claim relates to measures identified in the investorâs request for consultations under Article 25 (Request for Consultations); (d) the investor consents to dispute settlement in accordance with the procedures set out in this Agreement; and (be) the disputing investorinvestor and, if the claim is for loss or damage to an interest in an enterprise of the other Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise, waives its right to initiate or continue before any administrative tribunal or court under the law of any Party, or other dispute settlement procedure, any proceeding with respect to the measure of the other Party that is alleged to be a breach referred to in Article 25(2) (Request for Consultations), except for a proceeding for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the other Party. 2. An investor of a Party, on behalf of an enterprise of the disputing other Party that is a juridical person that the disputing investor owns or controls directly or indirectly, may submit to arbitration under this Chapter make a claim: (i) claim that the disputing other Party has breached an obligation under Chapter II other than paragraphs 2 in accordance with Article 24 (Scope and 4 of Article 7Purpose), Articles 8, 9; and (ii) and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach, provided that the local administrative remedies have been exhausted in accordance with paragraph 1, as may be required by the disputing Party pursuant to that paragraph. 3. The disputing investor who intends to submit the investment dispute to arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of intent to do so at least forty-five (45) days before the submission. The notice of intent shall specifyonly if: (a) the name and address investor has fulfilled the requirements of the disputing investor and, in the case of subparagraph 2(bArticle 25 (Request for Consultations), the name, address and place of incorporation of the enterprise; (b) 180 days have elapsed since the specific measures receipt by the other Party of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations request for consultations under this Agreement alleged to have been breachedArticle 25 (Request for Consultations); (c) arbitration set forth the claim relates to measures identified in paragraph 5 which the disputing investor will choose; andinvestor's request for consultations under Article 25 (Request for Consultations); (d) the relief sought investor consents to dispute settlement in accordance with the procedures set out in this Agreement; and (e) both the investor and the approximate amount enterprise waive their right to initiate or continue before an administrative tribunal or court under the law of damages claimedany Party, or other dispute settlement procedure, any proceeding with respect to the measure of the other Party that is alleged to be a breach referred to in Article 25(2) (Request for Consultations), except for a proceeding for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the other Party. 3. A consent and waiver required by this Article shall be in writing, shall be delivered to the respondent Party, and shall be included in the submission of a claim to arbitration. 4. In cases where the disputing investor is a national or an enterprise of a Contracting Party, that disputing investor must deliver evidence establishing that it is a national or an enterprise of a Contracting Party with the notice of intent referred to in Notwithstanding paragraph 3, a waiver from the enterprise under paragraph 1(e) or 2(e) is not required if the other Party has deprived the investor of control of the enterprise. 5. If an investor of a Party makes a claim under paragraph 2 and the investment investor or a non-controlling investor in the enterprise makes a claim under paragraph 1 arising out of the same events or circumstances, and two or more of the claims are submitted to dispute cannot be settled within seven months and fifteen days from the date on which the disputing investor requested the disputing Party in writing for consultations and negotiations referred to in Article 26settlement under this Article, the claims should be heard together by a Tribunal constituted under Article 34 (Consolidation), unless the Tribunal finds that the interests of a disputing party would be prejudiced thereby. 6. An investor of a Party may submit a claim referred to in paragraph 2 to one of the following arbitrationsdispute settlement under: (a) arbitration under the ICSID Convention, provided that both Contracting Parties are parties to the ICSID Convention; (b) arbitration under the ICSID Additional Facility Rules, provided that either Contracting Party, but not both, if only one Party is a party to the ICSID Convention; (c) arbitration under the UNCITRAL Arbitration Rules; andor (d) if agreed with any other rules on agreement of the disputing Party, any arbitration in accordance with other arbitration rules, including under an ad hoc arbitration institutionparties. 67. Except to the extent modified by this Agreement, the arbitration shall be governed by the most recent version of the arbitration rules applicable under paragraph 6 that are in effect on the date that the claim is submitted to dispute settlement under this Article. 8. If the claimant proposes rules pursuant to paragraph 6(d), the respondent Party shall reply to the claimant's proposal within 45 days of receipt of the proposal. If the disputing parties have not agreed on those rules within 60 days of receipt, the claimant may submit a claim under the rules provided for in paragraph 6(a), 6(b), or 6(c). 9. An investor of a Party may, when submitting a claim under this Article, propose that a sole member of a Tribunal should hear the claim. The respondent Party may give sympathetic consideration to that request, in particular if the investor is a micro, small, or medium-sized enterprise or the compensation or damages claimed are relatively low. 10. A claim shall be deemed is submitted to arbitration under this Chapter, when the disputing investor’s notice of arbitration or request for arbitration (hereinafter collectively referred to in this Chapter as “notice of arbitration”):Article when: (a) referred to in paragraph (1the request for arbitration under Article 36(1) of Article 36 of the ICSID Convention is received by the Secretary- GeneralGeneral of ICSID; (b) referred to in the request for arbitration under Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretary-General;Secretariat of ICSID; or (c) referred to in the notice of arbitration under Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules, Rules is received by the disputing respondent Party; or (d) under any other arbitration institution or arbitral rules chosen under subparagraph 5(d), is received by the disputing Party, unless otherwise specified by such institution or in such rules. 7. The arbitration rules applicable under paragraph 5, which are in effect on the date the claim is submitted to arbitration, shall govern the arbitration under this Chapter except to the extent modified or supplemented by this Chapter. 8. The disputing investor shall provide with the notice of arbitration: (a) the name of the arbitrator that the disputing investor appoints; or (b) the disputing investor’s written consent for the Secretary-General to appoint the disputing investor’s arbitrator.