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B. Pre-Arbitral Consultations and Dispute Settlement Mechanisms
C. Arbitral Settlement of Disputes
2. Consent
Any dispute between one Contracting Party and an investor of the other Party, relating to a claim by the investor that a measure taken or not taken by the former Contracting Party is in breach of the Agreement, and that the investor has incurred loss or damage by reason of that breach, shall, to the extent possible, be settled amicably between them. (Article XIII (1)). If the dispute has not been settled within a period of six months from the date it was initiated, it may be submitted by the investor to arbitration. (Article XIII (2)).
1. Conditions
An investor may submit a dispute to arbitration only if: . the investor has consented in writing thereto; . the investor has waived its right to submit the dispute to tribunals of the Contracting Party or dispute settlement procedures of any kind; . no more than three years have elapsed since the investor acquired knowledge of the alleged breach and loss. (Article XIII (3)).
Consent set out explicitly in Article XIII (5).