Common use of Submission of a Claim Clause in Contracts

Submission of a Claim. 1. If an investment dispute cannot be resolved within 1 year from the date of delivery of the written request for consultations pursuant to Article 15 (Consultations) then, unless the disputing parties agree otherwise, the disputing investor may submit the dispute to: (a) the courts or tribunals of the disputing Party, provided that such court or tribunal have jurisdiction over such claim; (b) arbitration under the ICSID Convention and the ICSID Arbitration Rules, provided that both the disputing Party and the Party of the disputing investor are parties to the ICSID Convention; (c) arbitration under the ICSID Additional Facility Rules, provided that either the disputing Party or the Party of the disputing investor is a party to the ICSID Convention; (d) arbitration under the UNCITRAL Arbitration Rules; or (e) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree, provided that resort to any arbitration rules or fora under sub-paragraphs (b) to (e) shall exclude resort to the others. For the avoidance of doubt, the disputing investor may submit a claim on its own behalf in respect of loss or damage that has been incurred by the disputing investor, or on behalf of an enterprise of the disputing Party that the disputing investor owns or controls, either directly or indirectly, in respect of loss or damage that has been incurred by the enterprise. 2. Each Party hereby consents to the submission of an investment dispute to arbitration under paragraph 1 in accordance with the provisions of this Section, conditional upon: (a) the submission of the dispute to such arbitration taking place within three years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment; (b) the disputing investor providing written consent to arbitration in accordance with the provisions set out in this Section; (c) the legal and factual basis for the dispute was subject to prior consultation or mediation pursuant to Article 15 (Consultations) or Article 16 (Mediation) respectively; (d) the disputing investor providing written notice, which shall be submitted at least 90 days before the claim is submitted, to the disputing Party of its intent to submit the dispute to such arbitration and which: (i) states the name and address of the disputing investor and, where a dispute is submitted on behalf of an enterprise, the name, address, and place of constitution of the enterprise; (ii) nominates one of the fora referred to in paragraph 1 as the forum for dispute settlement; (iii) waives the disputing investor's right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (iv) provides, where a dispute is submitted on behalf of a locally established enterprise, the enterprise's written waiver of its right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (v) briefly summarises the alleged breach of the disputing Party under this Agreement (including the provisions alleged to have been breached), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the disputing investor or its investment by reason of that breach; and (e) no final award concerning the same treatment as alleged to breach the provisions of Chapter II (Protection) having been rendered in a claim submitted by the disputing investor to another international tribunal established pursuant to this Section, or any other treaty. 3. Notwithstanding sub-paragraph 2(d)(iii), the disputing investor shall not be prevented from initiating or continuing an action that seeks interim measures of protection for the sole purpose of preserving the disputing investor's rights and interests and does not involve the payment of damages or resolution of the substance of the matter in dispute, before the courts or administrative tribunals of the disputing Party. 4. For the purposes of sub-paragraph 2(e), the term "disputing investor" refers to the investor and, where applicable, to the locally established enterprise, and includes all persons who directly or indirectly have an ownership interest in, or who are controlled by the investor or, where applicable, the locally established enterprise. 5. Upon request of the disputing Party, the tribunal shall decline jurisdiction where the disputing investor fails to respect any of the requirements referred to in paragraph 2. 6. The consent under paragraph 2 and the submission of a claim to arbitration under this Section shall satisfy the requirements of: (a) Chapter I of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article If of the New York Convention for an "agreement in writing". 7. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Submission of a Claim. 1. If an investment dispute cannot be resolved within 1 year 12 months from the date of delivery receipt of the written request for consultations pursuant to Article 15 (Consultations) thenby the disputing Party, unless the disputing parties agree otherwise, the disputing investor may submit submit, on its own behalf or on behalf of its locally established enterprise12, the dispute toto the courts or to the administrative tribunals of the Party concerned or to international arbitration. In the latter event, the disputing investor has the choice between any of the following rules: (a) the courts or tribunals of the disputing Party, provided that such court or tribunal have jurisdiction over such claim; (b) arbitration under the ICSID Convention and the ICSID Arbitration Rules, provided that both the disputing Party and the Party of the disputing investor are parties to the ICSID Convention; (cb) arbitration under the ICSID Additional Facility Rules, provided that either the disputing Party or the Party of the disputing investor is a party to the ICSID Convention; (dc) arbitration under the UNCITRAL Arbitration Rules; or (ed) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree, provided that resort to any arbitration rules or fora under sub-paragraphs (b) to (e) shall exclude resort to the others. For the avoidance of doubt, the disputing investor may submit a claim on its own behalf in respect of loss or damage that has been incurred by the disputing investor, or on behalf of an enterprise of the disputing Party that the disputing investor owns or controls, either directly or indirectly, in respect of loss or damage that has been incurred by the enterprise. 2. In case of any conflict between the provisions of this Agreement and the provisions of the applicable arbitration rules, the provisions of this Agreement shall prevail to the extent of any such inconsistency. 3. Each Party hereby consents to the submission of an investment a dispute to arbitration under paragraph Paragraph 1 in accordance with the provisions of this Section, conditional uponupon the requirements for such submission defined in this Article. 4. The consent under Paragraph 3 and the submission of a claim to arbitration under this Section shall satisfy the requirements of: (a) Chapter II of the submission ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article II of the New York Convention for an “agreement in writing”. 5. The disputing investor may only submit the claim to arbitration if the disputing investor, cumulatively: 12 For greater certainty, an enterprise may not itself submit a claim against that Party in which it is established. (a) provides a written notice to the disputing Party of its intent to submit the dispute to such arbitration taking place at least 90 days before the claim is submitted, which contains information regarding the legal and factual basis of the investment dispute provided by the disputing investor in its request for consultations and any changes to the information therein; (b) delivers to the disputing Party, with the submission of a claim, its consent to the settlement of the dispute in the arbitration in accordance with the procedures set out in this Section; (c) does not identify a measure in its claim that was not identified in its request for consultations; (d) withdraws or discontinues any existing proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim; and (e) waives its right to raise any claim or initiate any proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim. Letters (d) and (e) above do not apply for injunctive, declaratory or other non- pecuniary legal remedy provided that the action is brought for the sole purpose of preserving the disputing investor's or the enterprise's rights and interests during the pendency of the arbitration. 6. A claim may only be submitted to arbitration under this Chapter if no final award concerning the same measure as alleged to breach the provisions of Chapter II (Investment Protection) has been rendered in a claim submitted by the disputing investor to another arbitral tribunal established pursuant to this Section, or any other treaty including investment protection. 7. In the event that the investor has not submitted the dispute to international arbitration pursuant to Paragraph 1 within three 24 months of the date of receipt by the disputing Party of the written request for consultations, the investor shall be deemed to have withdrawn its request for consultations and may no longer submit the same dispute to international arbitration pursuant to Paragraph 1. This period may be extended by written agreement between the disputing parties before such period has expired. 8. The consent of the Parties to the submission of a dispute to arbitration under Paragraph 1 in accordance with the provisions of this Section, shall be subject to the condition that the investment dispute is submitted within five years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment; (b) . This period may be extended by written agreement between the disputing investor providing written consent to arbitration in accordance with the provisions set out in this Section; (c) the legal and factual basis for the dispute was subject to prior consultation or mediation pursuant to Article 15 (Consultations) or Article 16 (Mediation) respectively; (d) the disputing investor providing written notice, which shall be submitted at least 90 days parties before the claim is submitted, to the disputing Party of its intent to submit the dispute to such arbitration and which: (i) states the name and address of the disputing investor and, where a dispute is submitted on behalf of an enterprise, the name, address, and place of constitution of the enterprise; (ii) nominates one of the fora referred to in paragraph 1 as the forum for dispute settlement; (iii) waives the disputing investor's right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (iv) provides, where a dispute is submitted on behalf of a locally established enterprise, the enterprise's written waiver of its right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (v) briefly summarises the alleged breach of the disputing Party under this Agreement (including the provisions alleged to have been breached), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the disputing investor or its investment by reason of that breach; and (e) no final award concerning the same treatment as alleged to breach the provisions of Chapter II (Protection) having been rendered in a claim submitted by the disputing investor to another international tribunal established pursuant to this Section, or any other treatyperiod has expired. 3. Notwithstanding sub-paragraph 2(d)(iii), the disputing investor shall not be prevented from initiating or continuing an action that seeks interim measures of protection for the sole purpose of preserving the disputing investor's rights and interests and does not involve the payment of damages or resolution of the substance of the matter in dispute, before the courts or administrative tribunals of the disputing Party. 4. For the purposes of sub-paragraph 2(e), the term "disputing investor" refers to the investor and, where applicable, to the locally established enterprise, and includes all persons who directly or indirectly have an ownership interest in, or who are controlled by the investor or, where applicable, the locally established enterprise. 5. Upon request of the disputing Party, the tribunal shall decline jurisdiction where the disputing investor fails to respect any of the requirements referred to in paragraph 2. 6. The consent under paragraph 2 and the submission of a claim to arbitration under this Section shall satisfy the requirements of: (a) Chapter I of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article If of the New York Convention for an "agreement in writing". 7. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Submission of a Claim. 1. If an investment dispute cannot be resolved within 1 year 12 months from the date of delivery receipt of the written request for consultations pursuant to Article 15 (Consultations) thenby the disputing Party, unless the disputing parties agree otherwise, the disputing investor may submit submit, on its own behalf or on behalf of its locally established enterprise (12), the dispute toto the courts or to the administrative tribunals of the Party concerned or to international arbitration. In the latter event, the disputing investor has the choice between any of the following rules: (a) the courts or tribunals of the disputing Party, provided that such court or tribunal have jurisdiction over such claim; (b) arbitration under the ICSID Convention and the ICSID Arbitration Rules, provided that both the disputing Party and the Party of the disputing investor are parties to the ICSID Convention; (cb) arbitration under the ICSID Additional Facility Rules, provided that either the disputing Party or the Party of the disputing investor is a party to the ICSID Convention; (dc) arbitration under the UNCITRAL Arbitration Rules; or (ed) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree, provided that resort to any arbitration rules or fora under sub-paragraphs (b) to (e) shall exclude resort to the others. For the avoidance of doubt, the disputing investor may submit a claim on its own behalf in respect of loss or damage that has been incurred by the disputing investor, or on behalf of an enterprise of the disputing Party that the disputing investor owns or controls, either directly or indirectly, in respect of loss or damage that has been incurred by the enterprise. 2. In case of any conflict between the provisions of this Agreement and the provisions of the applicable arbitration rules, the provisions of this Agreement shall prevail to the extent of any such inconsistency. 3. Each Party hereby consents to the submission of an investment a dispute to arbitration under paragraph Paragraph 1 in accordance with the provisions of this Section, conditional uponupon the requirements for such submission defined in this Article. 4. The consent under Paragraph 3 and the submission of a claim to arbitration under this Section shall satisfy the requirements of: (a) Chapter II of the submission ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article Il of the New York Convention for an "agreement in writing". 5. The disputing investor may only submit the claim to arbitration if the disputing investor, cumulatively: (a) provides a written notice to the disputing Party of its intent to submit the dispute to such arbitration taking place at least 90 days before the claim is submitted, which contains information regarding the legal and factual basis of the investment dispute provided by the disputing investor in its request for consultations and any changes to the information therein; (b) delivers to the disputing Party, with the submission of a claim, its consent to the settlement of the dispute in the arbitration in accordance with the procedures set out in this Section; (c) does not identify a measure in its claim that was not identified in its request for consultations; (d) withdraws or discontinues any existing proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim; and (e) waives its right to raise any claim or initiate any proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim. Letters (d) and (e) above do not apply for injunctive, declaratory or other non-pecuniary legal remedy provided that the action is brought for the sole purpose of preserving the disputing investor's or the enterprise's rights and interests during the pendency of the arbitration. 6. A claim may only be submitted to arbitration under this Chapter if no final award concerning the same measure as alleged to breach the provisions of Chapter II (Investment Protection) has been rendered in a claim submitted by the disputing investor to another arbitral tribunal established pursuant to this Section, or any other treaty including investment protection. 7. In the event that the investor has not submitted the dispute to international arbitration pursuant to Paragraph 1 within three 24 months of the date of receipt by the disputing Party of the written request for consultations, the investor shall be deemed to have withdrawn its request for consultations and may no longer submit the same dispute to international arbitration pursuant to Paragraph 1. This period may be extended by written agreement between the disputing parties before such period has expired. 8. The consent of the Parties to the submission of a dispute to arbitration under Paragraph 1 in accordance with the provisions of this Section, shall be subject to the condition that the investment dispute is submitted within five years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment; (b) . This period may be extended by written agreement between the disputing investor providing written consent to arbitration in accordance with the provisions set out in this Section; (c) the legal and factual basis for the dispute was subject to prior consultation or mediation pursuant to Article 15 (Consultations) or Article 16 (Mediation) respectively; (d) the disputing investor providing written notice, which shall be submitted at least 90 days parties before the claim is submitted, to the disputing Party of its intent to submit the dispute to such arbitration and which: (i) states the name and address of the disputing investor and, where a dispute is submitted on behalf of an enterprise, the name, address, and place of constitution of the enterprise; (ii) nominates one of the fora referred to in paragraph 1 as the forum for dispute settlement; (iii) waives the disputing investor's right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (iv) provides, where a dispute is submitted on behalf of a locally established enterprise, the enterprise's written waiver of its right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (v) briefly summarises the alleged breach of the disputing Party under this Agreement (including the provisions alleged to have been breached), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the disputing investor or its investment by reason of that breach; and (e) no final award concerning the same treatment as alleged to breach the provisions of Chapter II (Protection) having been rendered in a claim submitted by the disputing investor to another international tribunal established pursuant to this Section, or any other treatyperiod has expired. 3. Notwithstanding sub-paragraph 2(d)(iii), the disputing investor shall not be prevented from initiating or continuing an action that seeks interim measures of protection for the sole purpose of preserving the disputing investor's rights and interests and does not involve the payment of damages or resolution of the substance of the matter in dispute, before the courts or administrative tribunals of the disputing Party. 4. For the purposes of sub-paragraph 2(e), the term "disputing investor" refers to the investor and, where applicable, to the locally established enterprise, and includes all persons who directly or indirectly have an ownership interest in, or who are controlled by the investor or, where applicable, the locally established enterprise. 5. Upon request of the disputing Party, the tribunal shall decline jurisdiction where the disputing investor fails to respect any of the requirements referred to in paragraph 2. 6. The consent under paragraph 2 and the submission of a claim to arbitration under this Section shall satisfy the requirements of: (a) Chapter I of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article If of the New York Convention for an "agreement in writing". 7. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Submission of a Claim. 1. If an investment dispute cannot be resolved within 1 year from the date of delivery of the written request for consultations pursuant to Article 15 (Consultations) then, unless the disputing parties agree otherwise, the disputing investor may submit the dispute to: (a) the courts or tribunals of the disputing Party, provided that such court or tribunal have jurisdiction over such claim; (b) arbitration under the ICSID Convention and the ICSID Arbitration Rules, provided that both the disputing Party and the Party of the disputing investor are parties to the ICSID Convention; (c) arbitration under the ICSID Additional Facility Rules, provided that either the disputing Party or the Party of the disputing investor is a party to the ICSID Convention; (d) arbitration under the UNCITRAL Arbitration Rules; or (e) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree, provided that resort to any arbitration rules or fora under sub-paragraphs (b) to (e) shall exclude resort to the others. For the avoidance of doubt, the disputing investor may submit a claim on its own behalf in respect of loss or damage that has been incurred by the disputing investor, or on behalf of an enterprise of the disputing Party that the disputing investor owns or controls, either directly or indirectly, in respect of loss or damage that has been incurred by the enterprise. 2. Each Party hereby consents to the submission of an investment dispute to arbitration under paragraph 1 in accordance with the provisions of this Section, conditional upon: (a) the submission of the dispute to such arbitration taking place within three years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment; (b) the disputing investor providing written consent to arbitration in accordance with the provisions set out in this Section; (c) the legal and factual basis for the dispute was subject to prior consultation or mediation pursuant to Article 15 (Consultations) or Article 16 (Mediation) respectively; (d) the disputing investor providing written notice, which shall be submitted at least 90 days before the claim is submitted, to the disputing Party of its intent to submit the dispute to such arbitration and which: (i) states the name and address of the disputing investor and, where a dispute is submitted on behalf of an enterprise, the name, address, and place of constitution of the enterprise; (ii) nominates one of the fora referred to in paragraph 1 as the forum for dispute settlement; (iii) waives the disputing investor's ’s right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (iv) provides, where a dispute is submitted on behalf of a locally established enterprise, the enterprise's ’s written waiver of its right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute; (v) briefly summarises the alleged breach of the disputing Party under this Agreement (including the provisions alleged to have been breached), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the disputing investor or its investment by reason of that breach; and (e) no final award concerning the same treatment as alleged to breach the provisions of Chapter II (Protection) having been rendered in a claim submitted by the disputing investor to another international tribunal established pursuant to this Section, or any other treaty. 3. Notwithstanding sub-paragraph 2(d)(iii), the disputing investor shall not be prevented from initiating or continuing an action that seeks interim measures of protection for the sole purpose of preserving the disputing investor's ’s rights and interests and does not involve the payment of damages or resolution of the substance of the matter in dispute, before the courts or administrative tribunals of the disputing Party. 4. For the purposes of sub-paragraph 2(e), the term "“disputing investor" ” refers to the investor and, where applicable, to the locally established enterprise, and includes all persons who directly or indirectly have an ownership interest in, or who are controlled by the investor or, where applicable, the locally established enterprise. 5. Upon request of the disputing Party, the tribunal shall decline jurisdiction where the disputing investor fails to respect any of the requirements referred to in paragraph 2. 6. The consent under paragraph 2 and the submission of a claim to arbitration under this Section shall satisfy the requirements of: (a) Chapter I II of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article If II of the New York Convention for an "“agreement in writing"”. 7. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.