Common use of Conditions Precedent to Submission of a Claim to Arbitration Clause in Contracts

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: 1. the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; 2. at least six months have elapsed since the events giving rise to the claim; 3. the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 180 days prior to submitting the claim, that notice shall specify: a. the name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, b. the provisions of this Agreement alleged to have been breached and any other relevant provisions, c. the legal and the factual basis for the claim, including the measures at issue, and

Appears in 2 contracts

Sources: Investment Promotion and Protection Agreement, Investment Agreement

Conditions Precedent to Submission of a Claim to Arbitration. 1. The disputing parties shall hold consultations and attempt to settle a claim amicably before an investor may submit a claim to arbitration. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the notice of intent to submit a claim to arbitration under subparagraph 2(c). The place of consultation shall be the capital of the respondent Party, unless the disputing parties otherwise agree. 2. An investor may submit a claim to arbitration under Article 21 (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise) only if: 1. a. the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the enterprise, consent to arbitration in accordance with the procedures set out in this Agreement; 2. b. at least six months have elapsed since the events giving rise to the claim; 3. c. the investor has delivered to the respondent Party a written notice of its intent to submit a claim to arbitration at least 180 90 days prior to submitting the claim, that which notice shall specify: a. i. the name and address of the investor and, where a claim is made under Article 21(2) (Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise), the name and address of the enterprise, b. ii. the provisions of this Agreement alleged to have been breached and any other relevant provisions, c. iii. the legal and the factual basis for the claim, including the measures at issue, and

Appears in 1 contract

Sources: Agreement for the Promotion and Reciprocal Protection of Investments