Common use of Submission of a Claim Clause in Contracts

Submission of a Claim. 1. If the dispute cannot be settled within six months of the submission of the request for consultations and at least three months have elapsed from the submission of the notice of intent to submit a claim pursuant to Article 3.32 (Notice of Intent to Submit a Claim), the claimant, provided that it satisfies the requirements set out in Article 3.35 (Procedural and Other Requirements for the Submission of a Claim), may submit a claim to the Tribunal established pursuant to Article 3.38 (Tribunal). 2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement: (a) the ICSID Convention; (b) the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID"), where the conditions for proceedings pursuant to subparagraph (a) do not apply; (c) the arbitration rules of UNCITRAL; or (d) any other rules by agreement of the disputing parties. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under the rules provided for in subparagraphs (a), (b) or (c). 3. All the claims identified by the claimant in the submission of its claim pursuant to this Article must be based on measures identified in its request for consultations pursuant to subparagraph 1(c) of Article 3.30 (Consultations). 4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal. 5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement. 6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.

Submission of a Claim. 1. If the dispute cannot be settled within six months of the submission of the request for consultations and and, where applicable, at least three months have elapsed from the submission of the notice requesting a determination of intent to submit a claim the respondent pursuant to Article 3.32 2.23 (Notice Request for Determination of Intent to Submit a Claimthe Respondent), the claimant, provided that it satisfies the requirements set out in this Article 3.35 and in Article 2.25 (Procedural and Other Requirements for the Submission of a ClaimConsent), may submit a claim to the Tribunal established pursuant to Article 3.38 2.27 (Tribunal of First Instance (“Tribunal”)). 2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement: (a) the ICSID ConventionConvention on the Settlement of Investment Disputes between States and Nationals of Other States of 18 March 1965 (ICSID); (b) the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 18 March 1965 (ICSID) in accordance with the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID")Centre, where the conditions for proceedings pursuant to subparagraph paragraph (a) do not apply; (c) the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL); or (d) any other rules agreed by agreement the disputing parties at the request of the disputing partiesclaimant. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under one of the sets of rules provided for in subparagraphs paragraphs (a), (b) or (c); 3. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Chapter, as supplemented by any rules adopted by the [...] Committee, by the Tribunal or by the Appeal Tribunal. 34. All the claims identified by the claimant in the submission of its claim pursuant to this Article must be based on measures treatment identified in its request for consultations pursuant to subparagraph 1(cArticle 2.22 (2) of Article 3.30 (c) (Consultations). 4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal. 5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement. 6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible. 6. For greater certainty, a claimant may not submit a claim under this Section if its investment has been made through fraudulent misrepresentation, concealment, corruption, or conduct amounting to an abuse of process.

Submission of a Claim. 1. If the dispute cannot be settled within six months of the submission of the request for consultations and at least three months have elapsed from the submission of the notice of intent to submit a claim pursuant to Article 3.32 (Notice of Intent to Submit a Claim), the claimant, provided that it satisfies the requirements set out in Article 3.35 (Procedural and Other Requirements for the Submission of a Claim), may submit a claim to the Tribunal established pursuant to Article 3.38 (Tribunal). 2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement: (a) the ICSID Convention; (b) the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID"), where the conditions for proceedings pursuant to subparagraph (a) do not apply; (c) the arbitration rules of UNCITRAL; or (d) any other rules by agreement of the disputing parties. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under the rules provided for in subparagraphs (a), (b) or (c). 3. All the claims identified specified by the claimant in the submission of its claim pursuant to this Article must be based on measures identified in its request for consultations pursuant to subparagraph 1(c) of Article 3.30 (Consultations). 4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal. 5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement. 6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.

Submission of a Claim. 1. If the dispute cannot be settled within six months of the submission of the request for consultations and at least three months have elapsed from the submission of the notice of intent to submit a claim pursuant to Article 3.32 (Notice of Intent to Submit a Claim), the claimant, provided that it satisfies the requirements set out in Article 3.35 (Procedural and Other Requirements for the Submission of a Claim), may submit a claim to the Tribunal established pursuant to Article 3.38 (Tribunal)3.38. 2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement: (a) the ICSID Convention; (b) the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID"), where the conditions for proceedings pursuant to subparagraph (a) do not apply; (c) the arbitration rules of UNCITRAL,; or (d) any other rules by agreement of the disputing parties. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under the rules provided for in subparagraphs (a), (b) or of (c). 3. All the claims identified by the claimant in the submission of its claim pursuant to this Article must be based on measures identified in its request for consultations pursuant to subparagraph 1(c) of Article 3.30 (Consultations). 4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal. 5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement. 6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.

Submission of a Claim. 1. If the dispute cannot be settled within six months of the submission of the request for consultations and at least three months have elapsed from the submission of the notice of intent to submit a claim pursuant to Article 3.32 (Notice of Intent to Submit a Claim), the claimant, provided that it satisfies the requirements set out in Article 3.35 (Procedural and Other Requirements for the Submission of a Claim), may submit a claim to the Tribunal established pursuant to Article 3.38 (Tribunal). . 2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement: (a) the ICSID Convention; (b) the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID"), where the conditions for proceedings pursuant to subparagraph (a) do not apply; (c) the arbitration rules of UNCITRAL; or (d) any other rules by agreement of the disputing parties. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under the rules provided for in subparagraphs (a), (b) or (c). 3. All the claims identified by the claimant in the submission of its claim pursuant to this Article must be based on measures identified in its request for consultations pursuant to subparagraph 1(c) of Article 3.30 (Consultations). 4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal. 5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement. 6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.