Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 32 (Claim by an Investor of a Member State) at the choice of the disputing investor: (a) to the courts or administrative tribunals of the disputing Member State, provided that such courts or tribunals have jurisdiction over such claims; or (b) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, (14) provided that both the disputing Member State and the non-disputing Member State are parties to the ICSID Convention; or (c) under the ICSID Additional Facility Rules, provided that either of the disputing Member State or the non-disputing Member State is a party to the ICSID Convention; or (d) under the UNCITRAL Arbitration Rules; or (e) to the Regional Centre for Arbitration at Kuala Lumpur or any other regional centre for arbitration in ASEAN; or (f) if the disputing parties agree, to any other arbitration institution, provided that resort to any arbitration rules or fora under sub-paragraphs (a) to (f) shall exclude resort to the other.
Appears in 105 contracts
Samples: Asean Comprehensive Investment Agreement, Asean Comprehensive Investment Agreement, Asean Comprehensive Investment Agreement
Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 32 (Claim by an Investor of a Member State) at the choice of the disputing investor:
(a) to the courts or administrative tribunals of the disputing Member State, provided that such courts or tribunals have jurisdiction over such claims; or
(b) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration ProceedingsProceedings14, (14) provided that both the disputing Member State and the non-disputing Member State are parties to the ICSID Convention; or
(c) under the ICSID Additional Facility Rules, provided that either of the disputing Member State or the non-disputing Member State is a party to the ICSID Convention; or
(d) under the UNCITRAL Arbitration Rules; or
(e) to the Regional Centre for Arbitration at Kuala Lumpur or any other regional centre for arbitration in ASEAN; or
(f) if the disputing parties agree, to any other arbitration institution, provided that resort to any arbitration rules or fora under sub-paragraphs (a) to (f) shall exclude resort to the other.
Appears in 1 contract
Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 32 (Claim by an Investor of a Member State) at the choice of the disputing investor:
(a) to the courts or administrative tribunals of the disputing Member State, provided that such courts or tribunals have jurisdiction over such claims; or
(b) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, (14) Proceedings,[14] provided that both the disputing Member State and the non-disputing Member State are parties to the ICSID Convention; or
(c) under the ICSID Additional Facility Rules, provided that either of the disputing Member State or the non-disputing Member State is a party to the ICSID Convention; or
(d) under the UNCITRAL Arbitration Rules; or
(e) to the Regional Centre for Arbitration at Kuala Lumpur or any other regional centre for arbitration in ASEAN; or
(f) if the disputing parties agree, to any other arbitration institution, provided that resort to any arbitration rules or fora under sub-paragraphs (a) to (f) shall exclude resort to the other.
Appears in 1 contract