Notice of Intent to Submit a Claim to Arbitration Sample Clauses

Notice of Intent to Submit a Claim to Arbitration. The disputing investor shall deliver to the disputing Party written notice of its intention to submit a claim to arbitration at least 90 days before the claim is submitted, which notice shall specify: (a) the name and address of the disputing investor and, where a claim is made under Article 10.21, 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 issues and the factual basis for the claim; and (d) the relief sought and the approximate amount of damages claimed.
View SourceView Similar (19)
Notice of Intent to Submit a Claim to Arbitration. 1 The disputing investor shall deliver to the disputing Party written notice of its intent to submit a claim to arbitration at least 90 days before the claim is submitted, which notice shall specify: (a) the name and address of the disputing investor and, where a claim is made under Article 23 (Claim by an Investor of a Party 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 issues and the factual basis for the claim, including the measures at issue; and (d) the relief sought and the approximate amount of damages claimed. 2. The disputing investor shall also deliver, with its Notice of Intent to Submit a Claim to Arbitration, evidence establishing that it is an investor of the other Party.
View SourceView Similar (9)
Notice of Intent to Submit a Claim to Arbitration. The disputing investor shall deliver to the disputing Party a written notice of its intent to submit a claim to arbitration at least six months before the claim is submitted. The notice shall specify:
View Source
Notice of Intent to Submit a Claim to Arbitration. 1. Article 1118 of the NAFTA provides that “[t]he disputing parties should first attempt to settle a claim through consultation or negotiation.” Article 1119 of the NAFTA requires that a disputing investor provide written notice of its intent to submit a claim to arbitration at least 90 days before the claim may be submitted. 2. Efforts to settle NAFTA investment claims through consultation or negotiation have generally taken place only after the delivery of the notice of intent. The notice of intent naturally serves as the basis for consultations or negotiations between the disputing investor and the competent authorities of a Party. In order to provide a solid foundation for such discussions, it is important that the notice of intent clearly identify the investor and the investment and specify the precise nature of the claims asserted.354 353 Article 1119 – Notice of Intent to Submit a Claim to Arbitration, in Meg N. Kinnear, Andrea K. Bjorklund, et al., Investment Disputes under NAFTA: An Annotated Guide to NAFTA Chapter 11, Supplement No. 1 (Kluwer Law International 2006), CL-15, p. 1. 354 Statement of the Free Trade Commission on notices of intent to submit a claim to arbitration (Oct. 7, 2003), 245. The Respondent posits that Article 1118 has “no relevance” and has “no legal nexus” to Article 1119.355 In fact, this is the Respondent’s first and main point in its Article 1119 argument: The Claimants are fixated on the idea that the sole purpose of giving notice under Article 1119 is to trigger the commencement of negotiations which they were entitled to eschew because, in the opinion of Gordon Burr, such negotiations would have been futile. First, it bears noting that the text of Chapter Eleven nowhere states or even implies that the sole purpose of Article 1119 is to trigger or foster negotiations. As explained above, Article 1118 exhorts the disputing parties to engage in negotiation and consultation before submission of a claim to arbitration, but it does not require them to do so. Article 1119 mandates the giving of 90-days notice by each disputing investor and Article 1120 mandates a six-month waiting period running from the date of the impugned measure(s).356 246. As Claimants have explained,357 and as the binding Statement of the NAFTA Free Trade Commission confirms, there is an inextricable link between Article 1118 and Article 1119. Mexico’s rigid separation of these provisions, symptomatic of its conveniently formalistic reading of the NAFTA...
View Source

Related to Notice of Intent to Submit a Claim to Arbitration

  • Time Limit to Submit to Arbitration Failing satisfactory settlement at Step 3, and pursuant to Article 10, the President, or his/her designate, may inform the Employer of his/her intention to submit the dispute to arbitration within: (a) thirty (30) days after the Employer's decision has been received; (b) thirty (30) days after the Employer's decision is due.

  • Submission of a Claim to Arbitration 1. In the event that a disputing party considers that an investment dispute cannot be settled by consultation and negotiation: (a) the claimant, on its own behalf, may submit to arbitration under this Section a claim (i) that the respondent has breached (A) an obligation under Articles 3 through 10,

  • Submission to Arbitration The Respondent Party may agree to the Claimant Party’s proposal of arbitration by responding in writing within ten (10) Business Days following receipt of such proposal. Within five (5) Business Days following receipt of the Respondent Party’s agreement to arbitrate, the Claimant Party may submit the Dispute Item to the American Arbitration Association (“AAA”) for arbitration. No Dispute Item may be submitted for arbitration without the consent of both parties.

  • GOVERNING LAW; DISPUTES SUBMITTED TO ARBITRATION All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Boston, Massachusetts before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the Commonwealth of Massachusetts. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

  • Submission to Dispute Resolution (i) Notwithstanding anything to the contrary in this Warrant, in the case of a dispute relating to the Exercise Price, the Closing Sale Price, the Closing Bid Price, Black Scholes Consideration Value, Event of Default Black Scholes Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing) (the “Warrant Calculations”), the Company or the Holder (as the case may be) shall submit the dispute to the other party via electronic mail (A) if by the Company, within two (2) Trading Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Company are unable to agree upon such determination or calculation within two (2) Trading Days following such initial notice by the Company or the Holder (as the case may be) of such dispute to the Company or the Holder (as the case may be), then the Holder may, at its sole option, submit the dispute to an independent, reputable investment bank or independent, outside accountant selected by the Holder (the “Independent Third Party”), and the Company shall pay all expenses of such Independent Third Party. (ii) The Holder and the Company shall each deliver to such Independent Third Party (A) a copy of the initial dispute submission so delivered in accordance with the first sentence of this Section 15(a) and (B) written documentation supporting its position with respect to such dispute, in each case, no later than 5:00 p.m. (New York time) by second (2nd) Business Day immediately following the date on which the Holder selected such Independent Third Party (the “Dispute Submission Deadline”) (the documents referred to in the immediately preceding clauses (A) and (B) are collectively referred to herein as the “Required Dispute Documentation”) (it being understood and agreed that if either the Holder or the Company fails to so deliver all of the Required Dispute Documentation by the Dispute Submission Deadline, then the party who fails to so submit all of the Required Dispute Documentation shall no longer be entitled to (and hereby waives its right to) deliver or submit any written documentation or other support to such Independent Third Party with respect to such dispute and such Independent Third Party shall resolve such dispute based solely on the Required Dispute Documentation that was delivered to such Independent Third Party prior to the Dispute Submission Deadline). Unless otherwise agreed to in writing by both the Company and the Holder or otherwise requested by such Independent Third Party, neither the Company nor the Holder shall be entitled to deliver or submit any written documentation or other support to such Independent Third Party in connection with such dispute, other than the Required Dispute Documentation. (iii) The Company and the Holder shall cause such Independent Third Party to determine the resolution of such dispute and notify the Company and the Holder of such resolution no later than five (5) Business Days immediately following the Dispute Submission Deadline. The fees and expenses of such Independent Third Party shall be borne solely by the Company, and such Independent Third Party’s resolution of such dispute shall be final and binding upon all parties absent manifest error.