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

Submission of a Claim to Arbitration. 24 For greater certainty, the request for consultations shall be sent to the central government body as listed out in Annex D (Service of Documents on a Party). 25 Unless otherwise agreed by the parties to the dispute, the place for consultation should be the capital of the respondent. 1. In the event that a disputing party considers that an investment dispute cannot be settled by consultations pursuant to Article 8.23 (Consultations) and 180 days have elapsed since the date of the request for consultations: (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 Article 8.3 (National Treatment), Article 8.4 (Most-Favoured Nation Treatment), Article 8.5 (Minimum Standard of Treatment), Article 8.6 (Compensation for Losses), Article 8.7 (Expropriation and Compensation), Article 8.8 (Transfers) and Article 8.10 (Senior Management and Board of Directors); or (B) an investment agreement; and (ii) that the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim: (i) that the respondent has breached: (A) an obligation under Article 8.3 (National Treatment), Article 8.4 (Most-Favoured Nation Treatment), Article 8.5 (Minimum Standard of Treatment), Article 8.6 (Compensation for Losses), Article 8.7 (Expropriation and Compensation), Article 8.8 (Transfers) and Article 8.10 (Senior Management and Board of Directors); or (B) an investment agreement; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach26, provided that a claimant may submit pursuant to subparagraph (a)(i)(B) or (b)(i)(B) a claim for breach of an investment agreement only if the subject matter of the claim and the claimed damages directly relate to the covered investment that was established or acquired, in reliance on the relevant investment agreement.

Submission of a Claim to Arbitration. 24 For greater certainty, the request for consultations shall be sent to the central government body as listed out in Annex D (Service of Documents on a Party). 25 Unless otherwise agreed by the parties to the dispute, the place for consultation should be the capital of the respondent. 1. In the event that a disputing party considers that an investment dispute cannot be settled by consultations pursuant to Article 8.23 (Consultations) and 180 days have elapsed since the date of the request for consultations: (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 Article 8.3 (National Treatment), Article 8.4 (Most-Favoured Nation Treatment), Article 8.5 (Minimum Standard of Treatment), Article 8.6 (Compensation for Losses), Article 8.7 (Expropriation and Compensation), Article 8.8 (Transfers) and Article 8.10 (Senior Management and Board of Directors); or (B) an investment agreement; and (ii) that the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim: (i) that the respondent has breached: (A) an obligation under Article 8.3 (National Treatment), Article 8.4 (Most-Favoured Nation Treatment), Article 8.5 (Minimum Standard of Treatment), Article 8.6 (Compensation for Losses), Article 8.7 (Expropriation and Compensation), Article 8.8 (Transfers) and Article 8.10 (Senior Management and Board of Directors); or (B) an investment agreement; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach26breach (26), provided that a claimant may submit pursuant to subparagraph (a)(i)(B) or (b)(i)(B) a claim for breach of an investment agreement only if the subject matter of the claim and the claimed damages directly relate to the covered investment that was established or acquired, in reliance on the relevant investment agreement.

Submission of a Claim to Arbitration. 24 For greater certainty, the request for consultations shall be sent 1. Without prejudice to the central government body as listed out consultation procedure provided in Annex D (Service of Documents on a Party). 25 Unless otherwise agreed by the parties to the disputeArticle 21 [Taxation], the place for consultation should be the capital of the respondent. 1. In in the event that a disputing party considers that an investment dispute cannot be settled by consultations pursuant to Article 8.23 (23 [Consultations) ] and 180 days have elapsed since the date of the request for consultations: (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 Article 8.3 (3 [National Treatment)], Article 8.4 (4 [Most-Favoured Favored Nation Treatment)], Article 8.5 (5 [Minimum Standard of Treatment)], Article 8.6 (6 [Compensation for Losses)], Article 8.7 (7 [Expropriation and Compensation)], Article 8.8 (8 [Transfers) ], Article 9 [Performance Requirement] and Article 8.10 (10 [Senior Management and Board of Directors)]; or (B) an investment agreement; and (ii) that the claimant has incurred loss or damage by reason of, or arising out of, that breach; and (b) the claimant, on behalf of an enterprise of the respondent that is a juridical person that the claimant owns or controls directly or indirectly, may submit to arbitration under this Section a claim: (i) that the respondent has breached: (A) an obligation under Article 8.3 (3 [National Treatment)], Article 8.4 (4 [Most-Favoured Favored Nation Treatment)], Article 8.5 (5 [Minimum Standard of Treatment)], Article 8.6 (6 [Compensation for Losses)], Article 8.7 (7 [Expropriation and Compensation)], Article 8.8 (8 [Transfers) ], Article 9 [Performance Requirement] and Article 8.10 (10 [Senior Management and Board of Directors)]; or (B) an investment agreement; and (ii) that the enterprise has incurred loss or damage by reason of, or arising out of, that breach26breach, provided that a claimant may submit pursuant to subparagraph (a)(i)(B) or (b)(i)(B) a claim for breach of an investment agreement only if the subject matter of the claim and the claimed damages directly relate to the covered investment that was established or acquired, or sought to be established or acquired, in reliance on the relevant investment agreement. 2. An investor of a Party may not initiate or continue a claim under this Section if a claim involving the same measure or measures alleged to constitute a breach under this Article and arising from the same events or circumstances is initiated or continued pursuant to an agreement between the respondent and a non-Party by: (a) an enterprise of a non-Party that owns or controls, directly or indirectly, the investor of a Party, or (b) an enterprise of a non-Party that is owned or controlled, directly or indirectly, by the investor of a Party. Notwithstanding the previous paragraph, the claim may proceed if the respondent agrees that the claim may proceed, or if the investor of a Party and the enterprise of a non-Party agree to consolidate the claims under the respective agreements before a tribunal constituted under this Section. 3. Subject to paragraph 1 of this Article, if 6 months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to in paragraph 1 of this Article: (a) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings, provided that both the respondent and the non-disputing Party are parties to the ICSID Convention; (b) under the ICSID Additional Facility Rules, provided that either the respondent or the non-disputing Party is a party to the ICSID Convention; (c) under the UNCITRAL Arbitration Rules; or (d) if the claimant and respondent agree, to any other arbitration institution or under any other arbitration rules. 4. A claim shall be deemed submitted to arbitration under this Section when the claimant’s notice of or request for arbitration (“notice of arbitration”): (a) referred to in paragraph 1 of Article 36 of the ICSID Convention is received by the Secretary-General; (b) referred to in Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretary-General; (c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the statement of claim referred to in Article 20 of the UNCITRAL Arbitration Rules, are received by the respondent; or (d) referred to under any arbitral institution or arbitral rules selected under paragraph 3(d) of this Article is received by the respondent; When the claimant submits a claim pursuant to sub-paragraphs 1(a)(i)(B) or 1(b)(i)(B), the respondent may make a counterclaim in connection with the factual and legal basis of the claim or rely on a claim for the purpose of a set off against the claimant. 5. In addition to any other information required by the applicable arbitral rules, the notice of arbitration shall also include information addressing each of the categories in Article 23 [Consultations]. 6. The arbitration rules applicable under paragraph 3 of this Article, and in effect on the date the claim or claims were submitted to arbitration under this Section, shall govern the arbitration except to the extent modified by this Agreement. 7. For greater certainty, a minority non-controlling shareholder of an enterprise may not submit a claim on behalf of that enterprise. 8. In the case of arbitration under Section B pursuant to the UNCITRAL Arbitration Rules, the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration shall not be applicable unless the disputing parties otherwise agree.