Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 17.22

    • Article 1139: Definitions

    For purposes of this Chapter:

    Disputing investor means an investor that makes a claim under Section B;

    Disputing Parties means the disputing investor and the disputing Party;

    Disputing Party means the disputing investor or the disputing Party;

    Disputing Party means a Party against which a claim is made under Section B;

    Enterprise means an "enterprise" as defined in Article 201 (TLCAN: Art. 201) (Definitions of General Application), and a branch of an enterprise;

    Enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there.

    Equity or debt securities includes voting and non-voting shares, bonds, convertible debentures, stock options and warrants;

    G7 Currency means the currency of Canada, France, Germany, Italy, Japan, the United Kingdom of Great Britain and Northern Ireland or the United States;

    ICSID means the International Centre for Settlement of Investment Disputes;

    ICSID Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of other States, done at Washington, March 18, 1965;

    Inter-American Convention means the InterAmerican Convention on International Commercial Arbitration, done at Panama, January 30, 1975;

    Investment means:

  • An enterprise;

    •  

  • An equity security of an enterprise;

    •  

  • A debt security of an enterprise

    •  

  • Where the enterprise is an affiliate of the investor, or

    •  

  • Where the original maturity of the debt security is at least three years,

    •  

    But does not include a debt security, regardless of original maturity, of a state enterprise;

     

  • A loan to an enterprise

    •  

  • Where the enterprise is an affiliate of the investor, or

    •  

  • Where the original maturity of the loan is at least three years,

    •  

    But does not include a loan, regardless of original maturity, to a state enterprise;

     

  • An interest in an enterprise that entitles the owner to share in income or profits of the enterprise;

    •  

  • An interest in an enterprise that entitles the owner to share in the assets of that enterprise on dissolution, other than a debt security or a loan excluded from subparagraph (c) or (d);

    •  

  • Real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes; and

    •  

  • Interests arising from the commitment of capital or other resources in the territory of a Party to economic activity in such territory, such as under

    •  

  • Contracts involving the presence of an investor's property in the territory of the Party, including turnkey or construction contracts, or concessions, or

    •  

  • Contracts where remuneration depends substantially on the production, revenues or profits of an enterprise;

    • But investment does not mean,

  • Claims to money that arise solely from

    •  

  • Commercial contracts for the sale of goods or services by a national or enterprise in the territory of a Party to an enterprise in the territory of another Party, or

    •  

  • The extension of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by subparagraph (d); or

    •  

  • Any other claims to money,

    • That do not involve the kinds of interests set out in subparagraphs (a) through (h);

    Investment of an investor of a Party means an investment owned or controlled directly or indirectly by an investor of such Party;

    Investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment;

    Investor of a non-Party means an investor other than an investor of a Party, that seeks to make, is making or has made an investment;

    New York Convention means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958;

    Secretary-General means the Secretary-General of ICSID;

    Transfers means transfers and international payments;

    Tribunal means an arbitration tribunal established under Article 1120 (TLCAN: Art. 1120) or 1126 (TLCAN: Art. 1126); and

    UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law, approved by the United Nations General Assembly on December 15, 1976.