Free Trade Area of the Americas - FTAA

 
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Investment Agreements in the Western Hemisphere: A Compendium

Trade and Integration Agreements


VII. Settlement of Disputes Between a Contracting Party and an Investor | B. Arbitration | 3. Forms

North American Free Trade Agreement (NAFTA)

Provided that six months have elapsed since the events giving rise to a claim, a disputing investor may submit the claim to arbitration under:
a) the ICSID Convention, provided that both the disputing Party and the Party of the investor are Parties of the Convention.
b) the Additional Facilty 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.
c) the UNCITRAL Arbitration Rules.
(Article 1120(1)).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

Provided that 90 days have elapsed since the disputing investor notified the disputing Party of his intention to submit a claim to arbitration and six months have elapsed since the measures giving rise to the claim, a disputing investor may submit the claim to arbitration under: (a) the ICSID Convention, provided that both the disputing Party and the investor are parties to the Convention; (b) the ICSID Additional Facility Rules, 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 UNCITRAL Arbitration Rules, provided the disputing Party and the Party of the investor are not parties to the ICSID Convention, or the latter cannot be availed of. (Article 17-18(2)).

Common Market of the South (MERCOSUR)

Members
In case of international arbitration the dispute may be submitted, at the election of the investor, to:
a) ICSID, provided each Member State is a Party to the ICSID Convention. (For the interim period, each Contracting Party gives its consent to the submission of the Dispute to the ICSID Additional Facility Rules); or
b) an ad hoc arbitration tribunal established under the UNCITRAL Arbitration Rules. (Article 9 (4) of the Colonia Protocol).

Non-Members
In case of international arbitration the dispute may be submitted, at the election of the investor, to an ad hoc arbitration tribunal or to an international arbitration institution. (Article 2 (H) (3) of the Buenos Aires Protocol).

Andean Pact


Caribbean Community and the Caribbean Common Market (CARICOM)


 
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