Free Trade Area of the Americas - FTAA

 
Ministerial
Declarations
Trade Negotiations
Committee
Negotiating
Groups
Special
Committees
Business
Facilitation
Civil
Society
Trade&Tariff
Database
Hemispheric
Cooperation
Program

Home Countries Sitemap A-Z list Governmental Contact Points

 
 

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 | 1. Conditions

North American Free Trade Agreement (NAFTA)

An investor of a Party may, on his own account or on behalf of an enterprise that it owns or effectively controls, submit to arbitration a claim that the other Party has breached an obligation under Section A of Chapter Eleven (Investment) or Article 1503(2) (State Enterprises) or Article 1502(3)(a) (Monopolies and State Enterprises), provided the investor or enterprise has incurred loss or damage by reason of, or arising out of, that breach. (Articles 1116 and 1117).
An investor may not make a claim pursuant to this Section, if more than three years have elapsed from the date on which the investor or the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor or the enterprise has incurred loss or damage. (Articles 1116 and 1117).

An investment may not make a claim under this Section. (Article 1117(4)). A disputing investor may submit a claim to arbitration under Article 1116 (on his own behalf) or under Article 1117 (on behalf of an enterprise) only if: (a) the investor consents to arbitration in accordance with the procedures set in this Agreement; and (b) the investor 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, the enterprise, waive their right to initiate or continue 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 1116, 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. (Article 1121(1)(2)).

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

An investor of a Party may, on his own account or on behalf of an enterprise that it owns or effectively controls, submit to arbitration a claim that the other Party has breached an obligation under Chapter XVII (Investment), provided the investor has incurred loss or damage by reason of, or arising out of, such breach. (Article 17-17(1)).

An investor may not make a claim under this Section if more than three years have elapsed from the date on which it acquired, or should have acquired, knowledge of the alleged breach and of the loss or damage incurred. (Article 17-17(3)).

An enterprise that is an investment may not submit a claim to arbitration under this Section. (Article 17-17(2)).

An investor that initiates proceedings before any judicial tribunal with respect to the alleged breach of the provisions of this Chapter may not make a claim under this section, nor may it make a claim under this Section on behalf of an enterprise it owns or controls that has initiated a procedure before any judicial tribunal with respect to the same breach. This provision shall not apply to the exercise of administrative appeals, provided under the laws of the disputing Party, before the same authorities that implemented the measure allegedly in breach of the said provisions. (Article 17-17(4)).

An investor that makes a claim under this Section or an enterprise on whose behlaf the claim is made may not initiate proceedings before any judicial tribunal with respect to the alleged breach. (Article 17-17(5)).

Common Market of the South (MERCOSUR)


Andean Pact


Caribbean Community and the Caribbean Common Market (CARICOM)


 
countries sitemap a-z list governmental contact points