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Investment Agreements in the Western Hemisphere: A Compendium

Bilateral Free Trade Agreements


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

Free Trade Agreement Between Bolivia and Mexico

Provided six months have elapsed since the measure that prompted the claim, a disputing investor may submit the complaint to arbitration in accordance with: the ICSID Convention, provided both the disputing party and the Party of the investor are member States of same; a) the Rules of the ICSID Additional Facility, when the disputing Party or the Party of the investor, but not both, are States party to the ICSID Convention; or b) the UNCITRAL Arbitration Rules. (Article 15-21(1)).

Save as provided by Article 15-27 and provided that both the disputing Party and the Party of the disputing investor are States party to the ICSID Convention, any dispute between them shall be submitted in accordance with paragraph 1(a). (Article 15-21(2)).

The rules selected in accordance with an arbitration procedure established in this chapter will be applicable except insofar as amended or modified by this section. (Article 15-21(3)).

Free Trade Agreement Between Costa Rica and Mexico

Provided six months have elapsed since the measure that prompted the claim, a disputing investor may submit the complaint to arbitration in accordance with: the ICSID Convention, provided both the disputing party and the Party of the investor are member States of same; a) the Rules of the ICSID Additional Facility, when the disputing Party or the Party of the investor, but not both, are States party to the ICSID Convention; or b) the UNCITRAL Arbitration Rules. (Article 15-21(1)).

Save as provided by Article 15-27 and provided that both the disputing Party and the Party of the disputing investor are States party to the ICSID Convention, any dispute between them shall be submitted in accordance with paragraph 1(a). (Article 15-21(2)).

The rules selected in accordance with an arbitration procedure established in this chapter will be applicable except insofar as amended or modified by this section. (Article 15-21(3)).

Free Trade Agreement Between Canada and Chile

Except as provided in the annex to the Article (Annex G-21.1), and 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 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 UNCITRAL Arbitration Rules. (Article G-21(1)).

1. With respect to the submission of a claim to arbitration:

2. For greater certainty, where an investor of Canada or an enterprise of Chile that is a juridical person that an investor of Canada owns or controls directly or indirectly makes an allegation referred to in paragraph 1(a) or (b) before a Chilean court or administrative tribunal, the selection of the Chilean court or administrative tribunal shall be final and such investor or enterprise may not thereafter allege the breach in an arbitration under this Section. (Annex G-21.1(2)).

The applicable arbitration rules shall govern the arbitration except to the extent modified by this Section. (Article G-21(2)).

 
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