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ARTICLES

LEGAL RESOURSES

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    • Article 1116: Claim by an Investor of a Party on Its Own Behalf

    1. An investor of a Party may submit to arbitration under this Section a claim that another Party has breached an obligation under:

  • Section A or Article 1503(2) (TLCAN: Art. 1503) (State Enterprises), or

    •  

  • Article 1502(3)(a) (TLCAN: Art. 1502) (Monopolies and State Enterprises) where the monopoly has acted in a manner inconsistent with the Party's obligations under Section A,

    • And that the investor has incurred loss or damage by reason of, or arising out of, that breach.

    2. An investor may not make a claim if more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage.