Common use of Submission of a Claim Clause in Contracts

Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other contracting party has breached an obligation under Chapter II, and that the investor has incurred loss or damage by virtue of that breach or as a result of the latter. 2. An investor of a Contracting Party, representing a corporation incorporated under the laws of the other Contracting Party that is a legal person that the investor owns or controls, may submit to arbitration a claim that the other contracting party has breached an obligation under Chapter II, and that the enterprise has incurred loss or damage by virtue of that breach or as a result of the latter. 3. An investment may not submit a claim to arbitration under this section. 4. An investor litigants may submit the claim to arbitration under: (a) The ICSID Convention provided that both the contracting party litigants as a contracting party of the investor are parties to the ICSID Convention; (b) The ICSID Additional Facility Rules), if the disputing contracting party or the contracting party of the investor, but not both, is a party to the ICSID Convention; (c) The UNCITRAL Arbitration Rules; or (d) Any other arbitration rules if the parties involved so agree. 5. An investor litigants may submit a claim to arbitration only if: (a) The Investor expresses its consent to arbitration in accordance with the procedures set out in this section; and (b) The investor and where the claim is for loss or damage to an interest in an enterprise of the other Contracting Party that is a juridical person that the investor owned or controlled by the Enterprise waive their right to initiate or continue any proceedings before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law of the disputing contracting party. 6. An investor litigants may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a juridical person that the investor owns or controls, only if both the investor and the Enterprise: (a) Express their consent to arbitration in accordance with the procedures set out in this section; and (b) Waive their right to initiate or continue any proceedings before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law of the disputing contracting party. 7. The consent and waiver required by this article shall be in writing, be delivered to the disputing contracting party and included in the submission of a claim to arbitration. 8. The applicable arbitration rules shall govern the arbitration except to the extent modified by this section. 9. A dispute may be submitted to arbitration if the investor has delivered to the disputing contracting party the notice of intent referred to in article 12, provided that a period not exceeding three years from the date on which the investor or enterprise of the other Contracting Party that is a juridical person that owns the investor or under its control, had for the first time or should have first acquired knowledge of the events which gave rise to the dispute. 10. If an investor or an enterprise owned or controlled by the investor submits the dispute referred to in paragraphs 1 or 2 above before a competent Court or Administrative Tribunal of the Contracting Party, the same dispute shall not be submitted to arbitration under this section.

Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other contracting party Contracting Party has breached an obligation under set forth in Chapter II, and that the investor has incurred loss or damage by virtue of reason of, or arising out of, that breach or as a result of the latterbreach. 2. An investor of a Contracting Party, representing a corporation incorporated under on behalf of an enterprise legally constituted pursuant to the laws national legislation of the other Contracting Party Party, that is a legal person that the such investor owns or controls, may submit to arbitration a claim that the other contracting party Contracting Party has breached an obligation under set forth in Chapter II, and that the enterprise has incurred loss or damage by virtue of reason of, or arising out of, that breach or as a result of the latterbreach. 3. An investment may not submit a claim to arbitration under this section. 4. An A disputing investor litigants may submit the claim to arbitration under: (a) The ICSID Convention Convention, provided that both the contracting party litigants as a contracting party disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; (b) The ICSID Additional Facility Rules), if provided that either the disputing contracting party Contracting Party or the contracting party Contracting Party of the investor, but not both, is a party to the ICSID Convention; (c) The UNCITRAL Arbitration Rules; or (d) Any other arbitration rules rules, if the disputing parties involved so agree. 54. An A disputing investor litigants may submit a claim to arbitration only if: (a) The Investor expresses its consent investor consents to arbitration in accordance with the procedures set out forth in this sectionSection; and (b) The investor and and, where the claim is for loss or damage to an interest in of an enterprise of the other Contracting Party that is a juridical legal person that the investor owned owns or controlled by controls, the Enterprise enterprise waive their right to initiate or continue before any administrative tribunal or court under the national legislation of a Contracting Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach of Chapter II, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law national legislation of the disputing contracting partyContracting Party. 65. An A disputing investor litigants may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a juridical legal person that the investor owns or controls, only if both the investor and the Enterpriseenterprise: (a) Express their consent Consent to arbitration in accordance with the procedures set out forth in this sectionSection; and (b) Waive their right to initiate or continue before any administrative tribunal or court under the national legislation of a Contracting Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach under Chapter II, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law national legislation of the disputing contracting partyContracting Party. 76. The consent and waiver required by referred to in this article Article shall be in writing, be delivered to the disputing contracting party Contracting Party and included in the submission of a claim to arbitration. 87. The applicable arbitration rules shall govern the arbitration except to the extent modified by this sectionSection. 98. A dispute may be submitted to arbitration if provided that the investor has delivered to the disputing contracting party the Contracting Party its notice of intent referred to in article 12, provided that a period not exceeding Article 12 no later than three years from the date on which that either the investor or the enterprise of the other Contracting Party that is a juridical legal person that owns the investor owns or under its controlcontrols, had for the first time acquired or should have first acquired knowledge of the events which gave rise to the dispute. 109. If an investor the investor, or an enterprise owned that an investor owns or controlled by the investor controls, submits the dispute referred to in paragraphs 1 or 2 above before a competent Court or Administrative Tribunal of to the Contracting Party's competent judicial or administrative courts, the same dispute shall may not be submitted to arbitration under as provided in this sectionSection.

Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other contracting party has breached an obligation under Chapter IIset forth in chapter two, and that the investor has incurred loss or damage by virtue of that breach or as a result of the latter., 2. An investor of a Contracting Party, representing a corporation incorporated under on behalf of an enterprise legally constituted pursuant to the laws of the other Contracting Party Party, that is a legal person that the such investor owns or controlscontrols directly or indirectly, may submit to arbitration a claim that the other contracting party Contracting Party has breached an obligation under dbligation set forth in Chapter IITwo, and that the enterprise has incurred loss or damage by virtue of reason of, or arising out of, that breach or as a result of the latterbreach. 3. An investment may not submit a claim to arbitration under this section. 4. An A disputing investor litigants may submit the claim clairn to arbitration under: (a) The ICSID Convention provided that both the contracting party litigants as a litigant Contracting Party and the contracting party of the investor are parties to the ICSID Convention; (b) The ICSID Additional Facility Rules), if the disputing contracting party combatant or the contracting party of the investor, but not both, is a party to the ICSID Convention; (c) The UNCITRAL Arbitration Rules; or (d) Any other arbitration rules if the parties involved so agree. 54. An investor litigants may submit a claim to arbitration only if: (a) The Investor expresses its consent investor consents to arbitration in accordance with the procedures set out in this section; and (b) The investor and and, where the claim is for loss or damage to an interest in an enterprise of the other Contracting Party that is a juridical legal person that the investor owned owns or controlled by controls, the Enterprise enterprise, waive their right to initiate or continue any proceedings before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures procedures, with respect to the measure of a disputing Contracting Party combatant alleged breach of chapter IIChapter Two procedures, except those procedures in which is requested where the application of precautionary measures of requested is suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law of the disputing contracting partyparty litigants. 65. An A disputing investor litigants may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a juridical legal person that the investor owns or controls, only if both the investor and the Enterprise: (a) Express their consent to arbitration in accordance accrdanee with the procedures set out forth in this section; Section, and (b) Waive their right to initiate or continue before any administrative tribunal or court under the laws of a Contracting Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach under Chapter Two, except for proceedings for injunctive, declaratory or other extraordinary reljef, not involving the payment of damages, before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law laws of the disputing contracting partyContracting Party. 76. The consent and waiver required by this article shall be in writing, be delivered to the disputing contracting party combatant and included in the submission of a claim to arbitration. 87. The applicable arbitration rules shall govern the arbitration except to the extent modified by this section. 98. A dispute may be submitted to arbitration if the investor has delivered to the disputing litigant contracting party combatant the notice of intent referred to in article 1210, provided that a period not exceeding three (3) years from the date on which the investor or enterprise of the other Contracting Party that is a juridical legal person that owns the investor or under its controlcontrol had, had for the first time or should have first acquired knowledge of the events which gave rise to the dispute. 109. If an investor or an enterprise owned or controlled by the investor submits the dispute referred to in paragraphs 1 or 2 above above! before a competent Court or Administrative Tribunal of the Contracting Party, the same dispute shall not be submitted to arbitration under this section.

Submission of a Claim. 1. An investor of a Contracting Party may submit to arbitration a claim that the other contracting party Contracting Party has breached an obligation under set forth in Chapter II, and that the investor has incurred loss or damage by virtue of reason of, or arising out of, that breach or as a result of the latterbreach. 2. An investor of a Contracting Party, representing a corporation incorporated under on behalf of an enterprise legally constituted pursuant to the laws national legislation of the other Contracting Party Party, that is a legal person that the such investor owns or controls, may submit to arbitration a claim that the other contracting party Contracting Party has breached an obligation under set forth in Chapter II, and that the enterprise has incurred loss or damage by virtue of reason of, or arising out of, that breach or as a result of the latterbreach. 3. An investment may not submit a claim to arbitration under this section. 4. An A disputing investor litigants may submit the claim to arbitration under: (a) The the ICSID Convention Convention, provided that both the contracting party litigants as a contracting party disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; (b) The the ICSID Additional Facility Rules), if provided that either the disputing contracting party Contracting Party or the contracting party Contracting Party of the investor, but not both, is a party to the ICSID Convention; (c) The the UNCITRAL Arbitration Rules; or (d) Any any other arbitration rules rules, if the disputing parties involved so agree. 54. An A disputing investor litigants may submit a claim to arbitration only if: (a) The Investor expresses its consent the investor consents to arbitration in accordance with the procedures set out forth in this sectionSection; and (b) The the investor and and, where the claim is for loss or damage to an interest in of an enterprise of the other Contracting Party that is a juridical legal person that the investor owned owns or controlled by controls, the Enterprise enterprise waive their right to initiate or continue before any administrative tribunal or court under the national legislation of a Contracting Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach of Chapter II, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law national legislation of the disputing contracting partyContracting Party. 65. An A disputing investor litigants may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a juridical legal person that the investor owns or controls, only if both the investor and the Enterpriseenterprise: (a) Express their consent to arbitration in accordance with the procedures set out forth in this sectionSection; and (b) Waive waive their right to initiate or continue before any administrative tribunal or court under the national legislation of a Contracting Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Contracting Party that is alleged to be a breach under Chapter II, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of a contracting party or other dispute settlement procedures with respect to the measure of a disputing Contracting Party alleged breach of chapter II, except those procedures in which is requested precautionary measures of suspensive effect, declaratory or special, not involving the payment of damages before an administrative tribunal or court under the law national legislation of the disputing contracting partyContracting Party. 76. The consent and waiver required by referred to in this article Article shall be in writing, be delivered to the disputing contracting party Contracting Party and included in the submission of a claim to arbitration. 87. The applicable arbitration rules shall govern the arbitration except to the extent modified by this sectionSection. 98. A dispute may be submitted to arbitration if provided that the investor has delivered to the disputing contracting party the Contracting Party its notice of intent referred to in article 12, provided that a period not exceeding Article 12 no later than three years from the date on which that either the investor or the enterprise of the other Contracting Party that is a juridical legal person that owns the investor owns or under its controlcontrols, had for the first time acquired or should have first acquired knowledge of the events which gave rise to the dispute. 109. If an investor the investor, or an enterprise owned that an investor owns or controlled by the investor controls, submits the dispute referred to in paragraphs 1 or 2 above before a competent Court or Administrative Tribunal of to the Contracting Party’s competent judicial or administrative courts, the same dispute shall may not be submitted to arbitration under as provided in this sectionSection.