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ARTICLES

LEGAL RESOURSES

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$ 18.07

    • Article 1137: General

    Time when a Claim is Submitted to Arbitration

    1. A claim is submitted to arbitration under this Section when:

  • The request for arbitration under paragraph (1) of Article 36 of the ICSID Convention has been received by the Secretary-General;

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  • The notice of arbitration under Article 2 of Schedule C of the ICSID Additional Facility Rules has been received by the Secretary-General; or

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  • The notice of arbitration given under the UNCITRAL Arbitration Rules is received by the disputing Party.

    • Service of Documents

    2. Delivery of notice and other documents on a Party shall be made to the place named for that Party in Annex 1137.2 (TLCAN: Anexo 1137.2).

    Receipts under Insurance or Guarantee Contracts

    3. In an arbitration under this Section, a Party shall not assert, as a defense, counterclaim, right of setoff or otherwise, that the disputing investor has received or will receive, pursuant to an insurance or guarantee contract, indemnification or other compensation for all or part of its alleged damages.

    Publication of an Award

    4. Annex 1137.4 (TLCAN: Anexo 1137.4) applies to the Parties specified in that Annex with respect to publication of an award.