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B. Pre-Arbitral Consultations and Dispute Settlement Mechanisms
C. Arbitral Settlement of Disputes
2. Consent
Any dispute relating to the provisions of the Agreement between an investor of one Contracting Party and the other Contracting Party will, to the extent possible, be settled through amicable consultations. (Article 8(1)). If it was not possible to settle the dispute within a period of six months, it may be submitted, at the request of the investor: a) to the competent tribunals of the host party; or b) to international arbitration. (Article 8(2)).
1. Conditions
In case the dispute has been submitted to the tribunals of the host party, the investor may not refer it to international arbitration unless: . 18 months have elapsed without a final decision by the tribunal; and, . both Parties agree to submit the dispute to arbitration. (Article 8(3)).