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. 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) the investor and, where the claim is for loss or damage to an interest of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, the enterprise waives its right to initiate or continue before any administrative tribunal or court under the law 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 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 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 law 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 law 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 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 or the enterprise of the other 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. If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in paragraphs 1 or 2 above to the 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. 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 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) the investor and, where the claim is for loss or damage to an interest of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, the enterprise waives its right to initiate or continue before any administrative tribunal or court under the law 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 of Chapter II, except for proceedings for injunctive, declaratory, 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 law 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 law 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 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 or the enterprise of the other 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. If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in paragraphs 1 or 2 above to the Contracting Party's ’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 IIIl, and that the investor has incurred loss or damage by reason of, or arising out of, that breach. 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 IIIl, and that the enterprise has incurred loss or damage by reason of, or arising out of 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) the investor and, where the claim is for loss or damage to an interest of an enterprise of the other Contracting Party that is a legal person that the investor owns or controls, the enterprise waives its right to initiate or continue before any administrative tribunal or court under the law 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 of Chapter IIIl, except for proceedings for injunctive, declaratory, 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 law 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 IIIl, 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. 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 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 or the enterprise of the other 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. If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in paragraphs 1 or 2 above to the Contracting Party's Partyâs competent judicial or administrative courts, the same dispute may not be submitted to arbitration as provided in this Section.