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B. Pre-Arbitral Consultations and Dispute Settlement Mechanisms
C. Arbitral Settlement of Disputes
2. Consent
Although the Agreement includes a general consultation provision (Article VIII) there is no specific requirement, in the provisions relating to investment disputes, to seek the settlement of the dispute amicably before submitting it to for resolution under other procedures. A national or company may submit the dispute for resolution: a) to the courts or administrative tribunals of the Party that is a party to the dispute; or b) in accordance with any applicable, previously agreed dispute settlement procedures; or c) to binding arbitration in accordance with Article IX(3). (Article IX(2)).
1. Conditions
Provided that the national or company has not submitted the dispute for resolution under Article IX(2) a) or b) and three months have elapsed from the date on which the dispute arose, the national or company may submit the dispute for settlement by binding arbitration. (Article IX(3)).
Consent set out explicitly in Article IX(4).