Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 20 (Claim by an Investor of a Party) at the choice of the disputing investor: (a) where the Philippines or Viet Nam is the disputing Party, to the courts or tribunals of that Party, provided that such courts or tribunals have jurisdiction over such claim; or (b) under the ICSID Convention and the /CS/D Rules of Procedure for Arbitration Proceedings (14), provided that both the disputing Party and the non-disputing Party are parties to the ICSID Convention; or (c) under the ICSID Additional Facility Rules, provided that either of the disputing Party or non-disputing Party are a party to the ICSID Convention; or (d) under the UNCITRAL Arbitration Rules; or (e) if the disputing parties agree, to any other arbitration institution or under any other arbitration rules, provided that resort to one of the fora under Subparagraphs (a) to (e) shall exclude resort to any other.
Appears in 6 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Submission of a Claim. 1. A disputing investor may submit a claim referred to in Article 20 (Claim by an Investor of a Party) at the choice of the disputing investor:
(a) where the Philippines or Viet Nam is the disputing Party, to the courts or tribunals of that Party, provided that such courts or tribunals have jurisdiction over such claim; or
(b) under the ICSID Convention and the /CS/D ICSID Rules of Procedure for Arbitration Proceedings (14)14 , provided that both the disputing Party and the non-disputing Party are parties to the ICSID Convention; or
(c) under the ICSID Additional Facility Rules, provided that either of the disputing Party or non-non- disputing Party are a party to the ICSID Convention; or
(d) under the UNCITRAL Arbitration Rules; or
(e) if the disputing parties agree, to any other arbitration institution or under any other arbitration rules, provided that resort to one of the fora under Subparagraphs Subparagraphs
(a) to (e) shall exclude resort to any other.
Appears in 1 contract
Samples: Free Trade Agreement