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ARTICLES

LEGAL RESOURSES

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    • Article 1125: Agreement to Appointment of Arbitrators

    For purposes of Article 39 of the ICSID Convention and Article 7 of Schedule C to the ICSID Additional Facility Rules, and without prejudice to an objection to an arbitrator based on Article 1124(3) (TLCAN: Art. 1124) or on a ground other than nationality:

  • The disputing Party agrees to the appointment of each individual member of a Tribunal established under the ICSID Convention or the ICSID Additional Facility Rules;

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  • A disputing investor referred to in Article 1116 (TLCAN: Art. 1116) may submit a claim to arbitration, or continue a claim, under the ICSID Convention or the ICSID Additional Facility Rules, only on condition that the disputing investor agrees in writing to the appointment of each individual member of the Tribunal; and

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  • A disputing investor referred to in Article 1117(1) (TLCAN: Art. 1117) may submit a claim to arbitration, or continue a claim, under the ICSID Convention or the ICSID Additional Facility Rules, only on condition that the disputing investor and the enterprise agree in writing to the appointment of each individual member of the Tribunal.