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 set forth in Chapter II, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. For greater certainty, when an investor of a Contracting Party submits a claim to arbitration it may recover only for loss or damage that it has incurred in its capacity as an investor of a Contracting Party. J 2. An investor of a Contracting Party, on behalf of an enterprise legally constituted pursuant to the laws of the other Contracting Party, that is a legal person such investor owns or controls, may submit to arbitration a claim that the other Contracting Party has breached an obligation set forth in Chapter II, and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 3. A disputing investor may submit the claim to arbitration under: (a) the ICSID Convention, provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; (b) the ICSID Additional Facility Rules, provided that either 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 disputing parties so agree. 4. A disputing investor may submit a claim to arbitration only if: (a) the investor consents to arbitration in accordance with the procedures set forth in this Section, and (b) if an investor submits a claim for international arbitration regarding ioss or damage of an enterprise that is a legal person that investor owns or control; in such a case the case cannot be submitted before any administrative tribunal or court under the domestic law of that Contracting Party, 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 the disputing Contracting Party. 5. A disputing investor may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, only if both the investor and the enterprise: (a) Consent to arbitration in accordance with the procedures set forth in this 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 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 laws of the disputing Contracting Party. 6. The consent and waiver referred to in this Article shall be in writing, delivered to the disputing Contracting Party and included in the submission of a claim to arbitration. 7. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Section. 8. A dispute may be submitted to arbitration no later than three (3) years from the date that either the investor or the enterprise of the disputing Contracting Party that is a legal person that the investor owns or controls, first acquired or should have first acquired Knowledge of the events which gave rise to the dispute. 9. A claim is submitted to arbitration under this Section when: (a) The request for arbitration under Article 36 of the ICSID Convention has been registered by the Secretary-General; (b) The (request) notice of arbitration under Article 4 of Schedule C of the ICSID Additional Facility Rules has been registered by the Secretary-General; (c) The notice of arbitration given undef the UNCiTRAL Arbitration Rules is received by the disputing Contracting Party, or (d) The notice of arbitration given under any other arbitration rules is received by the disputing Contracting Party. 10. If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in paragraphs 1 or 2 above to file Contracting Party's competent judicial or administrative courts, the same dispute may not be submitted to arbitration as provided in this Section,

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 set forth in Chapter II, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. For greater certainty, when an investor of a Contracting Party submits a claim to arbitration it may recover only for loss or damage that it has incurred in its capacity as an investor of a Contracting Party. J. 2. An investor of a Contracting Party, on behalf of an enterprise legally constituted pursuant to the laws of the other Contracting Party, Party that is a legal person such investor owns or controls, directly or indirectly, may submit to arbitration a claim that the other Contracting Party has breached an obligation set forth in Chapter II, and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 3. A disputing investor may submit the claim to arbitration under: (a) the ICSID The ICSIO Convention, provided that both the disputing Contracting Party and the Contracting Party of the investor are parties to the ICSID Convention; (b) the The ICSID Additional Facility Rules, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, is a party to the ICSID Convention;: (c) the The UNCITRAL Arbitration Rules, ; or (d) Any other arbitration rules or to any other arbitration rulesinstitution, if the disputing parties so agree. 4. A disputing investor may submit a claim to arbitration only if: (a) the The investor consents to arbitration in accordance with the procedures set forth in this Section, ; and (b) if an The investor submits a and, where the claim is for international arbitration regarding ioss loss or damage to an interest of an enterprise of the other Contracting Party that is a legal person that the investor owns or control; in such a case controls, directly or indirectly, the case cannot be submitted enterprise, waives its right to initiate or continue before any administrative tribunal or court under the domestic law laws of that the disputing 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 laws of the disputing Contracting Party. 5. A disputing investor may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, directly or indirectly, only if both the investor and the enterprise: (a) Consent to arbitration in accordance with the procedures set forth in this Section, ; and (b) waive Waive their right to initiate or continue before any administrative tribunal or court under the laws of a the disputing 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 laws of the disputing Contracting Party. 6. The Any consent and waiver referred to in required by this Article shall be in writing, delivered to the disputing Contracting Party and included in the submission of a claim to arbitration. 7. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Section. 8. A dispute may be submitted to arbitration provided that the investor has delivered to the disputing Contracting Party its notice of intent referred to in Article 10 no later than three (3) years from the date that either the investor investor, or the enterprise of the disputing other Contracting Party that is a legal person that the investor owns or controls, directly or indirectly, first acquired or should have first acquired Knowledge knowledge of the events which gave rise to alleged breach and knowledge that the disputeinvestor or the enterprise has incurred loss or damage. 9. A claim is submitted to arbitration under this Section when: (a) The request for arbitration under Article 36 of the ICSID Convention has been registered by the Secretary-General; (b) The (request) notice of arbitration under Article 4 of Schedule C of the ICSID Additional Facility Rules has been registered by the Secretary-General; (c) The notice of arbitration given undef the UNCiTRAL Arbitration Rules is received by the disputing Contracting Party, or (d) The notice of arbitration given under any other arbitration rules is received by the disputing Contracting Party. 10. If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in paragraphs 1 or 2 above to file Contracting Party's the competent judicial or administrative courtscourts of the disputing Contracting Party, the same dispute may not be submitted to arbitration as provided in 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 set forth established in Chapter II, chapter III and that the investor has incurred loss or damage by reason of, virtue of that breach or arising out of, that breach. For greater certainty, when an investor as a result of a Contracting Party submits a claim to arbitration it may recover only for loss or damage that it has incurred in its capacity as an investor of a Contracting Party. Jthe latter 2. An investor of a Contracting Party, Party on behalf of an enterprise legally constituted pursuant to in accordance with the laws of Iegislation the other Contracting Party, Party that is a legal person such that the investor owns or controls, may submit to arbitration a claim that the other Contracting Party contracting party has breached an obligation set forth in Chapter II, under chapter III and that the enterprise has incurred loss or damage by reason of, virtue of that breach or arising out of, that breachas a result of the latter. 3. A disputing contending investor may submit the claim to arbitration underin accordance with: (a) the ICSID Convention, Convention provided that both the disputing Contracting Party and the Contracting Party contracting party litigants as a contracting party of the investor are parties to the ICSID Convention; (b) the ICSID Additional Facility Rules), provided that either if the disputing Contracting Party contending 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. 4. A disputing contending investor may submit a claim to arbitration only if: (a) the investor consents Investor expresses its consent to arbitration in accordance with the procedures set forth in this Sectionsection, and (b) if an If the investor submits a claim for international arbitration regarding ioss loss or damage of an enterprise that is a legal person that investor owns or control; in such a case the case cannot be submitted before any administrative tribunal or court under the domestic law of that Contracting Party, 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 the disputing Contracting Partycontracting party. 5. A disputing investor may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, only if both the investor and the enterpriseEnterprise: (a) Consent Express their consent to arbitration in accordance with the procedures set forth in this Section, section; and (b) waive their right to initiate or continue any proceedings before any an administrative tribunal or court under the laws law of a Contracting Party, contracting party or other dispute settlement procedures, any proceedings procedures with respect to the measure of the disputing a contending Contracting Party that is alleged to be a breach under of Chapter IIIII, except for proceedings for injunctivein which it is requested precautionary measures of suspensive effect, declaratory or other extraordinary reliefspecial, not involving the payment of damages, before an administrative tribunal or court under the laws law of the disputing Contracting Partycontracting party. 6. The consent and waiver referred to in required by this Article article shall be in writing, be delivered to the disputing Contracting Party contending contracting party and included in the submission of a claim to arbitration. 7. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Sectionsection. 8. A dispute may be submitted to arbitration no later than provided that the expiry of a period not exceeding three (3) years from the date that either on which the investor or the enterprise of the disputing Contracting Party other contracting party combatant that is a legal person that owns the investor owns or controlsunder its control, had for the first acquired time or should have first acquired Knowledge knowledge of the events which gave rise to the dispute. 9. A claim is shall be deemed submitted to arbitration under in accordance with this Section section when: (a) The request for arbitration under Article paragraph (3) of article 36 of the ICSID Convention has been registered Registered by the Secretary-General; (b) The (request) notice of arbitration under Article in accordance with the article 4 of Schedule C of the ICSID Additional Facility Rules has been registered by the Secretary-General; (c) The notice of arbitration given undef under the UNCiTRAL UNCITRAL Arbitration Rules is received by the disputing Contracting Party, or (d) The notice of arbitration given under any other arbitration rules is received by the disputing Contracting Party. 10. If the investor, an investor or an enterprise that an owned or controlled by the investor owns or controls, submits the dispute controversy referred to in paragraphs 1 or 2 above to file before a competent Court or Administrative Tribunal of the Contracting Party's competent judicial or administrative courts, the same dispute may shall not be submitted to arbitration as provided set out in this Section,section.

Submission of a Claim. 1. An investor If an investment dispute cannot be resolved within 12 months from the receipt of a Contracting Party may submit to arbitration a claim that the other Contracting Party has breached an obligation set forth in Chapter II, and that written request for consultations by the investor has incurred loss or damage by reason of, or arising out of, that breach. For greater certainty, when an investor of a Contracting Party submits a claim to arbitration it may recover only for loss or damage that it has incurred in its capacity as an investor of a Contracting Party. J 2. An investor of a Contracting disputing Party, unless the disputing parties agree otherwise, the disputing investor may submit, on its own behalf or on behalf of an enterprise legally constituted pursuant its locally established enterprise12, the dispute to the laws courts or to the administrative tribunals of the other Contracting PartyParty concerned or to international arbitration. In the latter event, that is a legal person such investor owns or controls, may submit to arbitration a claim that the other Contracting Party has breached an obligation set forth in Chapter II, and that the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 3. A disputing investor may submit has the claim to arbitration underchoice between any of the following rules: (a) the ICSID ConventionConvention and the ICSID Arbitration Rules, provided that both the disputing Contracting Party and the Contracting Party of the disputing investor are parties to the ICSID Convention; (b) the ICSID Additional Facility Rules, provided that either the disputing Contracting Party or the Contracting Party of the investor, but not both, disputing investor is a party to the ICSID Convention; (c) the UNCITRAL Arbitration Rules, ; or (d) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree. 2. In case of any conflict between the provisions of this Agreement and the provisions of the applicable arbitration rules, the provisions of this Agreement shall prevail to the extent of any such inconsistency. 3. Each Party hereby consents to the submission of a dispute to arbitration under Paragraph 1 in accordance with the provisions of this Section, conditional upon the requirements for such submission defined in this Article. 4. A disputing investor may submit The consent under Paragraph 3 and the submission of a claim to arbitration only ifunder this Section shall satisfy the requirements of: (a) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and (b) Article II of the New York Convention for an “agreement in writing”. 5. The disputing investor consents may only submit the claim to arbitration if the disputing investor, cumulatively: 12 For greater certainty, an enterprise may not itself submit a claim against that Party in which it is established. (a) provides a written notice to the disputing Party of its intent to submit the dispute to such arbitration at least 90 days before the claim is submitted, which contains information regarding the legal and factual basis of the investment dispute provided by the disputing investor in its request for consultations and any changes to the information therein; (b) delivers to the disputing Party, with the submission of a claim, its consent to the settlement of the dispute in the arbitration in accordance with the procedures set forth out in this Section, and; (bc) if an investor submits does not identify a measure in its claim that was not identified in its request for international arbitration regarding ioss consultations; (d) withdraws or damage of an enterprise that is discontinues any existing proceeding before a legal person that investor owns or control; in such a case the case cannot be submitted before any administrative tribunal or court under the domestic or international law of that Contracting Party, except for proceedings with respect to a measure alleged to constitute a breach referred to in its claim; and (e) waives its right to raise any claim or initiate any proceeding before a tribunal or court under domestic or international law with respect to a measure alleged to constitute a breach referred to in its claim. Letters (d) and (e) above do not apply for injunctive, declaratory or other extraordinary relief, not involving non- pecuniary legal remedy provided that the payment action is brought for the sole purpose of damages, before an administrative tribunal preserving the disputing investor's or court under the law enterprise's rights and interests during the pendency of the disputing Contracting Party. 5. A disputing investor may submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, only if both the investor and the enterprise: (a) Consent to arbitration in accordance with the procedures set forth in this 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 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 laws of the disputing Contracting Partyarbitration. 6. The consent and waiver referred to in this Article shall be in writing, delivered to the disputing Contracting Party and included in the submission of a claim to arbitration. 7. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Section. 8. A dispute may be submitted to arbitration no later than three (3) years from the date that either the investor or the enterprise of the disputing Contracting Party that is a legal person that the investor owns or controls, first acquired or should have first acquired Knowledge of the events which gave rise to the dispute. 9. A claim is may only be submitted to arbitration under this Section when: Chapter if no final award concerning the same measure as alleged to breach the provisions of Chapter II (aInvestment Protection) The request for arbitration under Article 36 of the ICSID Convention has been registered by the Secretary-General; (b) The (request) notice of arbitration under Article 4 of Schedule C of the ICSID Additional Facility Rules has been registered by the Secretary-General; (c) The notice of arbitration given undef the UNCiTRAL Arbitration Rules is received rendered in a claim submitted by the disputing Contracting Partyinvestor to another arbitral tribunal established pursuant to this Section, or (d) The notice of arbitration given under or any other treaty including investment protection. 7. In the event that the investor has not submitted the dispute to international arbitration rules is received pursuant to Paragraph 1 within 24 months of the date of receipt by the disputing Contracting Party. 10. If Party of the investorwritten request for consultations, or an enterprise that an the investor owns or controls, submits the dispute referred shall be deemed to in paragraphs 1 or 2 above to file Contracting Party's competent judicial or administrative courts, have withdrawn its request for consultations and may no longer submit the same dispute to international arbitration pursuant to Paragraph 1. This period may not be submitted extended by written agreement between the disputing parties before such period has expired. 8. The consent of the Parties to the submission of a dispute to arbitration as provided under Paragraph 1 in accordance with the provisions of this Section,, shall be subject to the condition that the investment dispute is submitted within five years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment. This period may be extended by written agreement between the disputing parties before such period has expired.