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FTAA - Free Trade Area of the Americas

Draft Agreement

Chapter on Investment


(Continuation)

[Article 14:  STATE-TO-STATE DISPUTES 

1. Disputes which may arise between Parties regarding the interpretation or application of the Agreement shall, to the extent possible, be settled by diplomatic channels. 

If a dispute cannot be settled through diplomatic channels within a reasonable period of time, of no less than six months, the matter shall be submitted to the general dispute settlement mechanism to be established in the framework of the FTAA.]

Article 15:  INVESTOR-STATE DISPUTES 

[1. For purposes of this Agreement, an investment dispute is a dispute between a Party and a national or company of the other Party arising out of or relating to investment agreement or alleged breach of any right conferred, created or recognized by this Treaty with respect to a covered investment.] 

[2. Objective 

Without prejudice to the rights and obligations of the Parties [under the Chapter on Dispute Settlement] [under Chapter XX (Dispute Settlement Procedures)] [Without prejudice to the provisions of the Negotiating Group On Dispute Settlement], this section establishes a mechanism for the settlement of investment disputes that assures both equal treatment among investors of the Parties in accordance with the principle of international reciprocity [as well as due exercise of the right to a hearing and defense within the legal process before an arbitration tribunal.] [, and due process before an impartial tribunal].] 

[3. Claim by an Investor of a Party on Its Own Behalf or on Behalf of an Enterprise 

1. An investor of a Party may, on its own behalf or on behalf of an enterprise of another Party [that is a juridical person] owned or controlled directly or indirectly by the investor, submit to arbitration under this section a claim on the grounds that [a Party] [the other Party, or an enterprise controlled directly or indirectly by that Party,] has breached an obligation [under section B of this Chapter] [under this section], [provided the claim made by the investor of a Party on its own behalf or on behalf of an enterprise is for loss or damage incurred by reason of, or arising out of, that breach] [always provided the investor or its investment has suffered loss or damage incurred by reason, or as a consequence of that breach.] 

2. An investor may not make a claim under this section [on its own behalf or on behalf of an enterprise] if more than three [(3)] years have elapsed from the date on which the investor acquired, or should have acquired, knowledge of the alleged breach and the loss or damage incurred. 

3. When an investor makes a claim on behalf of an enterprise [that is a juridical person] that the investor owns or controls directly or indirectly and, concurrently, a non-controlling investor in the enterprise makes a claim on its own behalf arising out of the same events [that gave rise to the claim being presented under this article and], [or] two or more claims are submitted [to arbitration by virtue of the same measure adopted by a Party], [to arbitration under the terms of the article “Submission of a claim to arbitration” ] the tribunal [established under article 15(14) on Consolidation] shall hear the claims together, unless the Tribunal finds that the legal interests of a disputing Party would be prejudiced. 

4. An investment may not submit a claim to arbitration under this section].] 

[3. Claim by an Investor of a Party on Its Own Behalf 

1. An investor of a Party may submit to arbitration under this Section a claim that another Party or an enterprise controlled directly or indirectly by this Party has breached an obligation under this chapter, when the investor has incurred loss or damage by reason of, or arising out of, that breach. 

2. An investor may not make a claim if more than 3 years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. 

Claim by an Investor of a Party on Behalf of an Enterprise 

1. An investor of a Party, on behalf of an enterprise of another Party that is a juridical person that the investor owns or controls directly or indirectly, may submit to arbitration under this Section a claim that the other Party or an enterprise directly or indirectly controlled by this Party has breached an obligation under this chapter when the enterprise has incurred loss or damage by reason of, or arising out of, that breach. 

2. An investor may not make a claim on behalf of an enterprise described in paragraph 1 if more than three years have elapsed from the date on which the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the enterprise has incurred loss or damage. 

3. Where an investor makes a claim under this Article and the investor or a non-controlling investor in the enterprise makes a claim under Article ___ (Claim by an Investor of a Party on Its Own Behalf) arising out of the same events that gave rise to the claim under this Article, and two or more of the claims are submitted to arbitration under Article ___ (Submission of a Claim to Arbitration), the claims should be heard together by a Tribunal established under Article ___ (Consolidation), unless the Tribunal finds that the interests of a disputing party would be prejudiced thereby. 

4. An investment may not make a claim under this Section.] 

[4. Settlement of a Claim through Consultation and Negotiation 

The disputing parties should first attempt to settle a claim through consultation or negotiation.]

[4. Any dispute that arises between a Contracting Party and an investor of a Contracting Party that has made investments in the territory of the former, with respect to the interpretation or application of this Agreement, shall be resolved, to the extent possible, through consultation, which shall be notified in writing, including detailed information on the disputed point(s). The disputing Parties shall seek to settle these disputes amicably.] 

[4. Disputes arising under this Agreement between one of the Contracting Parties and an investor of the other Contracting Party that has invested in the territory of the former Contracting Party shall to the extent possible, be settled through amicable consultations between the two parties in dispute. To this end, the investor will send a written communication to the other Party in dispute and they shall avail themselves of any mechanism to settle the dispute.] 

[4. Investment disputes should as far as possible be settled amicably, after consultation by the parties to the dispute.] 

[5. If these consultations do not result in the resolution of the disputes, the parties shall seek to agree on an alternative mode of dispute settlement. In no agreement is reached, the provisions outlined below shall apply.] 

[5. Where the dispute can not be resolved within a period of six months from the date of the initiation of consultation and negotiation, it may be submitted, upon request by any of the disputing Parties: 

a) to the competent courts of the Contracting Party in whose territory the investment was made, or 

b) to the national arbitration of the Contracting Party in whose territory the investment was made, or 

c) to international arbitration.] 

[5. If the parties do not reach a settlement within the six (6) months from the date of receipt of the communication referred to in the previous article, the dispute may be referred, at the choice of the investor, to any of the following settlement procedures, to which each Contracting Party gives its prior, irrevocable consent. 

a) the competent tribunal of the State in which the investment was made, 

b) international arbitration. 

The choice of either of the procedures provided in subparagraphs a) or b) shall be final; therefore once the dispute has been referred to any of the said fora, there shall be no recourse to the other.] 

[6. 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] [. Such] notice shall specify: 

(a) the name and address of the disputing investor [and, where a claim is made on behalf of an enterprise, the name or corporate name and address of the enterprise;] [and, where a claim is made under Article ___ (Claim by an Investor of a Party on Behalf of an Enterprise), the name and address of the enterprise;] 

(b) the provisions of [this Chapter] [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.] 

[7. Submission of a Claim to Arbitration 

1. [Provided that 6 months have elapsed since the measures giving rise to the claim were adopted, and that it has not been possible to settle the dispute through amicable consultations and the use of corresponding administrative remedies,] [Except as provided for in paragraph 3,] [provided that 6 months have elapsed since the events giving rise to a claim,] a disputing investor may submit the claim to arbitration [with the possibility to opt for:] [under:] 

[(a) the UNCITRAL Arbitration Rules; 

(b) the ICSID Convention, if both the disputing Party and the Party of the investor are Parties to the Convention; or 

(c) the Additional Facility Rules of ICSID, if either the disputing Party or the Party of the investor, but not both, is a party to the ICSID Convention.] 

[(a) [the Convention on the Settlement of Investment Disputes (ICSID Convention)] [the ICSID Convention], provided that both the disputing Party and the Party of the investor are Parties to the Convention; 

(b) the Additional Facility Rules of ICSID, provided that either the disputing Party or the Party of the investor, but not both, is a Party to the ICSID Convention; or 

(c) [The Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).] [the UNCITRAL Arbitration Rules].] 

[2. The rules chosen under an arbitration proceeding established in this Chapter, shall apply, except to the extent modified in this section.] 

[2. The applicable arbitration rules shall govern the arbitration except to the extent modified by this Section.] 

[3. An investor of a Party may submit a claim under this section on its own behalf provided that both the investor and the enterprise that is a juridical person owned or controlled directly or indirectly by the investor, have not made the same claim to a competent national court of the disputing party. Accordingly, once the investor or the enterprise has submitted the claim to the competent national court of the disputing Party, the choice of such procedure shall be final, precluding the possibility of submitting the claim to an arbitration procedure under this section.] 

[4. An investor of a Party may submit a claim under this section on behalf of an enterprise, provided that both the investor and the enterprise that is a juridical person owned or controlled directly or indirectly by the investor, have not submitted the same claim to the national court of the disputing Party. Accordingly, once the investor or the enterprise has submitted the claim to the competent national court of the disputing Party, the choice of such procedure under this section shall be final.] 

[5. When an enterprise of a Party, owned by an investor of another Party or under its direct or indirect control, in proceedings before a competent judicial or administrative tribunal under the legislation of each Party, alleges that the first Party has breached an obligation of this chapter relating to investment actions per se, the investor(s) may not allege the presumed breach in arbitration proceedings under this section.]] 

[7. In case of recourse to international arbitration, the dispute may be submitted: 

a) To an ad hoc arbitration tribunal which, unless the Parties to the dispute agree otherwise, shall be established pursuant to the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. 

b) To the International Centre for Settlement of Investment Disputes (ICSID), created through the Convention on the Settlement of Investment Disputes between States and Nationals of other States, signed in Washington on March 18, 1965, when the Contracting Parties have signed it and are members thereof. 

c) Where one of the Contracting Parties has not signed and is not a member of the above Convention, the dispute may be submitted to the ICSID pursuant to the Additional Facility Rules. 

Once an investor has submitted the dispute to the competent court of the Contracting Party in whose territory the investment was made or to any of the above indicated arbitral tribunals, the choice of one or the other procedure shall be final.] 

[7. In the case of international arbitration, the dispute shall be referred to: 

1. The International Centre for Settlement of Investment Disputes (ICSID) created by the Convention on the Settlement of Investment Disputes between States and Nationals of other States, done at Washington on March 18, 1965, where applicable. 

2. Failing the above, the ICSID Additional Facility for the Administration of Conciliation, Arbitration and Fact-Finding Proceedings. 

3. Alternatively, to an ad hoc Arbitral Tribunal which, unless the parties to the dispute agree otherwise, it shall be constituted in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).] 

[7. A national or company that is a Party to an investment dispute may submit the dispute for resolution under one of the following alternatives: 

a) In accordance with any applicable and previously agreed dispute settlement procedures 

b) To the courts or administrative tribunals of the Party that is a Party to the dispute; or 

c) In accordance with the terms of the paragraph below. 

Where an investor has submitted a dispute for settlement in accordance with sub-paragraph (a), (b) or (c) above, the choice shall be final. 

Provided that the national or company concerned has not submitted the dispute for resolution under sub-paragraph (a) or (b), and that six months have elapsed from the date on which the dispute arose, the national or company concerned may submit the dispute for settlement by binding arbitration: 

i) To the International Centre for the Settlement of Investment Disputes (herein after referred to as "the centre") having regard to the provisions, where applicable, of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States done at Washington on March 18, 1965; or 

ii) An Arbitral Tribunal established in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL); or 

iii) If agreed by both parties to the dispute, to any other arbitration institution or in accordance with any other arbitration rules. 

A national or company, notwithstanding that it may have submitted a dispute to binding arbitration under sub-paragraph (a) may seek interim injunctive relief, not involving the payment of damages, before the judicial or administrative tribunals of the Party that is a Party to the dispute, prior to the institution of the arbitral proceeding or during the proceeding, for the preservation of its rights and interests.] 

[8. Conditions Precedent to Submission of a Claim to Arbitration 

1. A disputing investor may submit a claim [on its own behalf] to arbitration [under this section] [under Article ___ (Claim by an Investor of a Party on Its Own Behalf)] only if: 

(a) the investor consents to arbitration in accordance with the procedures set out in [this section] [this Agreement]; and 

(b) the investor [and the enterprise] [and], where the claim is for loss or damage to an interest in an enterprise of another Party [that is a juridical person that the investor owns or controls directly or indirectly] [owned or controlled directly or indirectly by the investor], [the enterprise,] waive their right to initiate [or continue] any proceedings [before a competent national tribunal under the law of the disputing party, or other dispute settlement procedures with respect to the measure of the disputing Party that is alleged to be a breach of the provisions referred to in article 15(3), unless it is a petition for injunctive, declaratory or extraordinary relief, not involving the payment of damages, before a competent administrative tribunal or court under the law of the disputing Party, or the use and exhaustion of administrative remedies before the same authorities executing the measure alleged to be a breach, provided under the law of the said Party. Accordingly, once the investor or the enterprise has submitted its claim to an arbitration procedure under this section, the choice of such a procedure shall be final, precluding the possibility of submitting the claim to the competent national court of the disputing Party or to other dispute settlement procedures, without prejudice to the exceptions set out above with respect to preventive measures and administrative remedies.] [before a competent tribunal under the law of the disputing Party, or other dispute settlement procedures, with respect to the measure of the disputing Party that is alleged to be a breach of the provisions referred to in the article “Claim by an investor of a Party on its own behalf or on behalf of an enterprise”, 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 Party, such as the exhaustion of administrative remedies before the same authorities executing the measure alleged to be a breach, as provided for under the law of the disputing Party.] [ before any administrative tribunal or court under the law of any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Party that is alleged to be a breach referred to in Article ___ (Claim by an Investor of a Party on Its Own Behalf), 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 Party.] 

2. A disputing investor may submit a claim [, on behalf of an enterprise] [under this section,] [under Article ___ (Claim by an Investor of a Party on Behalf of an Enterprise)] to arbitration only if both the investor and the enterprise: 

(a) consent to arbitration in accordance with the procedures set out [in this section] [in this Agreement;] and 

(b) waive their right to initiate[or continue] any proceedings [before a competent national court under the law of the disputing Party, or other dispute settlement procedures with respect to the measure of the disputing Party that is alleged to be a breach of the provisions of article 15(3); unless it is a petition for injunctive, declaratory or extraordinary relief, not involving the payment of damages, before a competent administrative tribunal or court under the law of the disputing Party, or the use and exhaustion of administrative remedies before the same authorities executing the measure alleged to be a breach, provided under the law of the said Party. Accordingly, once the investor or the enterprise has submitted its claim to an arbitration procedure under this section, the choice of such a procedure shall be final, precluding the possibility of submitting the claim to the competent national court of the disputing Party or to other dispute settlement procedures, without prejudice to the exceptions set out above with respect to preventive measures and administrative remedies.] [before any administrative tribunal or court under the law of any Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Party that is alleged to be a breach referred to in Article ___ (Claim by an Investor of a Party on Behalf of an Enterprise), 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 Party.] [before a competent national tribunal under the law of the disputing Party, or other dispute settlement procedures, with respect to the measure of the disputing Party that is alleged to be a breach of the provisions referred to in the article “Claim by an investor of a Party on its own behalf or on behalf of an enterprise,” except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before the competent national tribunal the law of the disputing Party, such as the exhaustion of administrative remedies before the same authorities executing the measure alleged to be a breach, as provided for under the law of the disputing Party.] 

3. The consent and waiver required by this Article shall be in writing, shall be delivered to the disputing Party and shall be included in the submission of a claim to arbitration. 

4. Only where a disputing Party has deprived a disputing investor of control of an enterprise: 

(a) a waiver from the enterprise under paragraph 1(b) or 2(b) shall not be required; and 

(b) [Article 15(7)(4)] [paragraph 15(7)(5) of the Article on Submission to a Claim to Arbitration] [Annex ___ ] shall not apply.]] 

[9. Consent to Arbitration 

1. Each Party consents to the submission of a claim to arbitration in accordance with the procedures [and requirements] set out [in this Chapter.] [in this Agreement.] [in this section.] 

2. The [consent given by paragraph 1 and the] submission by a disputing investor of a claim to arbitration shall satisfy the requirement of: 

(a) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the [ICSID] Additional Facility Rules [for written consent of the parties;] 

(b) Article II of the New York Convention for an agreement in writing; and 

(c) Article I of the Inter-American Convention for an agreement.] 

[10. Number of Arbitrators and Method of Appointment 

[Except in respect of a Tribunal established [under Article 15(10)] [under Article ___ (Consolidation),] and unless the disputing parties otherwise agree,] [Except as provided for under the article “Consolidation,” and unless the disputing parties agree otherwise,] the Tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties.] 

[11. Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 

[In the event that a disputing party fails to appoint an arbitrator or the disputing parties are unable to agree on a presiding arbitrator:] 

1. The [ICSID] Secretary-General shall serve as appointing authority for an arbitration under this Section. 

2. If a Tribunal, other than a Tribunal established [under Article 15(14) (Consolidation),] [under Article ___ (Consolidation),] has not been constituted within [ninety (90)] [90] days from the date that a claim is submitted to arbitration, the Secretary-General, on the request of either disputing party, shall appoint [, in his discretion,] the arbitrator or arbitrators not yet appointed, except that the presiding arbitrator shall be appointed in accordance with paragraph 3. [In any event, the majority of the arbitrators may not be nationals of one of the disputing parties] [; or,] 

3. The Secretary-General shall appoint the presiding arbitrator from the roster of presiding arbitrators referred to [in paragraph 4.] [under article 15(12) (Roster of Arbitrators)] [in the article “Roster of arbitrators,”] [ensuring that the president of the Tribunal is not a national] [of any of the disputing parties.] [of the disputing Party or a national of the Party of the disputing investor.] In the event that no such presiding arbitrator is available to serve, the Secretary-General shall appoint, from the ICSID [Roster] [Panel of Arbitrators,] a presiding arbitrator who is not a national [of any of the disputing parties] [of any of the Parties.] [of the disputing Party or a national of the Party of the disputing investor.]] 

[12. [Roster of Arbitrators

[4.] On the date of entry into force of this Agreement, [the Parties] [each Party] shall establish, and thereafter maintain, a roster [of up to fifteen (15)] [of ___ ] [of 5] presiding arbitrators, [or from which to appoint the arbitrators to a Tribunal, pursuant to Article 15(14) (Consolidation), with experience in international law and investment-related matters and meeting the qualifications established in the Convention and Rules referred to in article 15(7).] [none of whom could be national of a Party, meeting the qualifications of the Convention and rules referred to in Article ___ (Submission of a Claim to Arbitration) and experienced in international law and investment matters.] [or from which to appoint the arbitrators to a Tribunal, pursuant to paragraph 5 of the article “Consolidation,” who meet the qualifications established in the ICSID Convention and the ICSID Additional Facility Rules or the UNCITRAL arbitration rules, and have experience in international law and investment-related matters.] The roster members shall be appointed by consensus [, regardless of nationality].]

[13. Agreement to Appointment of Arbitrators in Case of ICSID Arbitration 

For purposes of Article 39 of the ICSID Convention and Article 7 of Schedule C to the ICSID Additional Facility Rules, and without prejudice to an objection to an arbitrator based on [Article 15(11)(3)] [Article ___ (Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator) (3)] or on a ground other than nationality: 

(a) the disputing Party agrees to the appointment of each individual member of a Tribunal established under the ICSID Convention or the ICSID Additional Facility Rules; [and] 

(b) a disputing investor [, whether on its own behalf or on behalf of an enterprise,] [referred to in Article ___ (Claim by an Investor of a Party on Its Own Behalf)] may submit a claim to arbitration, or continue a claim, under the ICSID Convention or the ICSID Additional Facility Rules, only on condition that the disputing investor [and where appropriate, the enterprise it is representing] agrees in writing to the appointment of each individual member of the Tribunal [; and] 

[(c) a disputing investor referred to in Article ___ (Claim by an Investor of a Party on Behalf of an Enterprise) may submit a claim to arbitration, or continue a claim, under the ICSID Convention or the ICSID Additional Facility Rules, only on condition that the disputing investor and the enterprise agree in writing to the appointment of each individual member of the Tribunal].] 

[14. Consolidation 

1. A Tribunal established under this Article shall be established under the UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with those Rules, except as modified by this Section. 

2. Where a Tribunal [established under this Article] is satisfied that claims have been submitted to arbitration [under Article 15(8) (Conditions Precedent to Submission of a Claim to Arbitration)] [under Article ___ (Notice of Intent to Submit a Claim to Arbitration)] [under the article “Submission of a claim to arbitration”] [that raises question] [that have a question] of law or fact in common, the Tribunal may, [for the purposes of fair and efficient settlement of the claims] [in the interests of fair and efficient resolution of the claims,] and after hearing the disputing parties, [assume jurisdiction over, hear and settle together:] [by order:] 

(a) [assume jurisdiction over, and hear and determine together,] all or part of the claims; together, or 

b) [assume jurisdiction over, and hear and determine] one or more of the claims, the determination of which it believes would assist in the resolution of the others. 

3. A disputing party that seeks an order under paragraph 2 shall request the Secretary-General to establish a Tribunal and shall specify in the request: 

(a) the name of the disputing Party or disputing investors against which the order is sought; 

(b) the nature of the order sought; and 

(c) the grounds on which the order is sought. 

[4. The disputing party shall deliver to the disputing Party or disputing investors against which the order is sought a copy of the request.] 

5. Within [sixty (60)] [60] days of receipt of the request, the Secretary-General shall establish a Tribunal comprising [three (3)] [three] arbitrators. The Secretary-General shall appoint [the presiding arbitrator] from the roster referred to [in Article 15(12) (Roster of Arbitrators) the presiding arbitrator of the Tribunal, who shall not be a national of the disputing Party or a national of the Party of the disputing investor.] [in Article __ (Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator) (4).] [above the presiding arbitrator of the Tribunal, who shall not be a national of the disputing Party or a national of the Party of the disputing investor.] In the event that no such presiding arbitrator is available to serve, the Secretary-General shall appoint, from the ICSID Panel of Arbitrators, a presiding arbitrator [who shall not be a national of the disputing Party or a national of the Party of the disputing investor.] [who is not a national of any of the Parties.] The Secretary-General shall appoint the two other members from the roster referred to [in Article 15(12) (Roster of Arbitrators)] [in Article (Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator) (4),] [in the respective article] and to the extent not available from that roster, from the ICSID Panel of Arbitrators, and to the extent not available from that Panel, in the discretion of the Secretary-General. One member shall be a national of the disputing Party and one member shall be a national of a Party of the disputing investors. 

6. Where a Tribunal has been established [under this Article,] a disputing investor that has submitted a claim to arbitration [under Article 15(3)] [under Article ___ (Claim by an Investor of a Party on Its Own Behalf) or (Claim by an Investor of a Party on Behalf on an Enterprise)] [under the corresponding article] and that has not been named in a request made under paragraph 3 may make a written request to the Tribunal that it be included in an order made under paragraph 2, and shall specify in the request: 

(a) the name and address of the disputing investor [and, where appropriate, the name or corporate name and address of the enterprise]; 

(b) the nature of the order sought; and 

(c) the grounds on which the order is sought. 

[7. A disputing investor referred to in paragraph 6 shall deliver a copy of its request to the disputing parties named in a request made under paragraph 3.] 

8. A Tribunal [established under Article 15(7) (Submission of a Claim to Arbitration)] [established under Article ___ (Submission of a Claim to Arbitration)] shall not have jurisdiction to decide a claim, or a part of a claim, over which a Tribunal [established under this Article] has assumed jurisdiction. 

9. On application of a disputing party, a Tribunal [established under this Article,] pending its decision under paragraph 2, may order that the proceedings of a Tribunal [established under Article 15(7)] [established under Article ___ (Submission of a Claim to Arbitration)] [be adjourned pending a decision on the legal basis for consolidation.] [be stayed, unless the latter Tribunal has already adjourned its proceedings]. [The latter Tribunal must abide by any such order.] 

[10. A disputing Party shall deliver to the Secretariat, within 15 days of receipt by the disputing Party, a copy of: 

(a) a request for arbitration made under paragraph (1) of Article 36 of the ICSID Convention; 

(b) a notice of arbitration made under Article 2 of Schedule C of the ICSID Additional Facility Rules; or 

(c) a notice of arbitration given under the UNCITRAL Arbitration Rules. 

11. A disputing Party shall deliver to the Secretariat a copy of a request made under paragraph 3: 

(a) within 15 days of receipt of the request, in the case of a request made by a disputing investor; 

(b) within 15 days of making the request, in the case of a request made by the disputing Party. 

12. A disputing Party shall deliver to the Secretariat a copy of a request made under paragraph 6 within 15 days of receipt of the request. 

13. The Secretariat shall maintain a public register of the documents referred to in paragraphs 10, 11 and 12.] 

[14. The Tribunal established under this article, shall furnish a copy of the consolidation request to the disputing investors subject to any such consolidation order, at the cost of the interested investor.]] 

Continuation:  Article 15,Paragraph [15: Notice

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