The Investors’ Position. 250. It is the Investors’ position that there are two prerequisite conditions for the timing to commence on the three-year limitation period in NAFTA Article 1116(2). First, the investor must have acquired actual or constructive knowledge of the breach at issue. Secondly, the investor must have acquired knowledge that it has incurred loss or damage as a result of that breach. Only then does the period begin to run.292 251. The Investors assert that they suffered numerous continuous breaches with ongoing and direct effect until the ministerial decision on 17 December 2007.293 Those breaches include:
Appears in 4 contracts
Samples: Jurisdiction and Liability, Jurisdiction and Liability, Jurisdiction and Liability
