Chapter Ten-- Investment

Chapter Ten-- Investment

Section A:  Investment

 

Article 10.1:  Scope and Coverage

 

1. This Chapter applies to measures adopted or maintained by a Party relating to: 

 

(a) investors of another Party;

 

(b) covered investments; and

 

(c) with respect to Articles 10.9 and 10.11, all investments in the territory of the

Party.

 

2. A Party’s obligations under this Section shall apply to a state enterprise or other person

when it exercises any regulatory, administrative, or other governmental authority delegated to it

by that Party.

 

3. For greater certainty, this Chapter does not bind any Party in relation to any act or fact

that took place or any situation that ceased to exist before the date of entry into force of this

Agreement.  

 

Article 10.2:  Relation to Other Chapters 

  

1. In the event of any inconsistency between this Chapter and another Chapter, the other

Chapter shall prevail to the extent of the inconsistency.

 

2. A requirement by a Party that a service supplier of another Party post a bond or other

form of financial security as a condition of the cross-border supply of a service does not of itself

make this Chapter applicable to measures adopted or maintained by the Party relating to such

cross-border supply of the service.  This Chapter applies to measures adopted or maintained by

the Party relating to the posted bond or financial security, to the extent that such bond or

financial security is a covered investment.

 

3. This Chapter does not apply to measures adopted or maintained by a Party to the extent

that they are covered by Chapter Twelve (Financial Services). 

 

Article 10.3:  National Treatment

 

1. Each Party shall accord to investors of another Party treatment no less favorable than that

it accords, in like circumstances, to its own investors with respect to the establishment,

 

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acquisition, expansion, management, conduct, operation, and sale or other disposition of

investments in its territory.

 

2. Each Party shall accord to covered investments treatment no less favorable than that it

accords, in like circumstances, to investments in its territory of its own investors with respect to

the establishment, acquisition, expansion, management, conduct, operation, and sale or other

disposition of investments.

 

3. The treatment to be accorded by a Party under paragraphs 1 and 2 means, with respect to

a regional level of government, treatment no less favorable than the most favorable treatment

accorded, in like circumstances, by that regional level of government to investors, and to

investments of investors, of the Party of which it forms a part.  

 

Article 10.4:  Most-Favored-Nation Treatment

 

1. Each Party shall accord to investors of another Party treatment no less favorable than that

it accords, in like circumstances, to investors of any other Party or of any non-Party with respect

to the establishment, acquisition, expansion, management, conduct, operation, and sale or other

disposition of investments in its territory.

 

2. Each Party shall accord to covered investments treatment no less favorable than that it

accords, in like circumstances, to investments in its territory of investors of any other Party or of

any non-Party with respect to the establishment, acquisition, expansion, management, conduct,

operation, and sale or other disposition of investments.

 

Article 10.5:  Minimum Standard of Treatment1

 

1. Each Party shall accord to covered investments treatment in accordance with customary

international law, including fair and equitable treatment and full protection and security.

 

2. For greater certainty, paragraph 1 prescribes the customary international law minimum

standard of treatment of aliens as the minimum standard of treatment to be afforded to covered

investments.  The concepts of “fair and equitable treatment” and “full protection and security” do

not require treatment in addition to or beyond that which is required by that standard, and do not

create additional substantive rights.  The obligation in paragraph 1 to provide:

 

(a) “fair and equitable treatment” includes the obligation not to deny justice in

criminal, civil, or administrative adjudicatory proceedings in accordance with the

principle of due process embodied in the principal legal systems of the world; and

 

(b)  “full protection and security” requires each Party to provide the level of police

protection required under customary international law.

                                                

1

  Article 10.5 shall be interpreted in accordance with Annex 10-B.

 

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3. A determination that there has been a breach of another provision of this Agreement, or

of a separate international agreement, does not establish that there has been a breach of this

Article.

 

Article 10.6:  Treatment in Case of Strife

 

1. Notwithstanding Article 10.13.5(b), each Party shall accord to investors of another Party,

and to covered investments, non-discriminatory treatment with respect to measures it adopts or

maintains relating to losses suffered by investments in its territory owing to armed conflict or

civil strife.

 

2. Notwithstanding paragraph 1, if an investor of a Party, in the situations referred to in

paragraph 1, suffers a loss in the territory of another Party resulting from:

 

 

(a) requisitioning of its covered investment or part thereof by the latter’s forces or

authorities; or

 

(b) destruction of its covered investment or part thereof by the latter’s forces or

authorities, which was not required by the necessity of the situation, 

 

the latter Party shall provide the investor restitution or compensation, which in either case shall

be in accordance with customary international law and, with respect to compensation, shall be in

accordance with Article 10.7.2 through 10.7.4.2

 

3. Paragraph 1 does not apply to existing measures relating to subsidies or grants that would

be inconsistent with Article 10.3 but for Article 10.13.5(b).

 

Article 10.7:  Expropriation and Compensation3

 

1. No Party may expropriate or nationalize a covered investment either directly or indirectly

through measures equivalent to expropriation or nationalization (“expropriation”), except: 

 

(a) for a public purpose; 

 

(b) in a non-discriminatory manner; 

 

                                                

2

  The limitations set out in Annex 10-D apply to the submission to arbitration under Section B of a claim alleging a

breach of this paragraph.

3

  Article 10.7 shall be interpreted in accordance with Annexes 10-B and 10-C.

 

 

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(c) on payment of prompt, adequate, and effective compensation in accordance with

paragraphs 2 through 4; and 

 

(d) in accordance with due process of law and Article 10.5.

 

2. Compensation shall: 

 

(a) be paid without delay; 

 

(b) be equivalent to the fair market value of the expropriated investment immediately

before the expropriation took place (“the date of expropriation”); 

 

(c) not reflect any change in value occurring because the intended expropriation had

become known earlier; and

 

(d) be fully realizable and freely transferable.

 

3. If the fair market value is denominated in a freely usable currency, the compensation paid

shall be no less than the fair market value on the date of expropriation, plus interest at a

commercially reasonable rate for that currency, accrued from the date of expropriation until the

date of payment.

 

4. If the fair market value is denominated in a currency that is not freely usable, the

compensation paid – converted into the currency of payment at the market rate of exchange

prevailing on the date of payment – shall be no less than:

 

(a) the fair market value on the date of expropriation, converted into a freely usable

currency at the market rate of exchange prevailing on that date, plus

 

(b) interest, at a commercially reasonable rate for that freely usable currency, accrued

from the date of expropriation until the date of payment.

 

5. This Article does not apply to the issuance of compulsory licenses granted in relation to

intellectual property rights in accordance with the TRIPS Agreement, or to the revocation,

limitation, or creation of intellectual property rights, to the extent that such issuance, revocation,

limitation, or creation is consistent with Chapter Fifteen (Intellectual Property Rights).4

 

Article 10.8:  Transfers 

 

1. Each Party shall permit all transfers relating to a covered investment to be made freely

and without delay into and out of its territory.  Such transfers include: 

                                                

4

  For greater certainty, the reference to “the TRIPS Agreement” in paragraph 5 includes any waiver in force

between the Parties of any provision of that Agreement granted by WTO Members in accordance with the WTO

Agreement.

 

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(a) contributions to capital;

 

(b) profits, dividends, capital gains, and proceeds from the sale of all or any part of

the covered investment or from the partial or complete liquidation of the covered

investment;

 

(c) interest, royalty payments, management fees, and technical assistance and other

fees;

 

(d) payments made under a contract, including a loan agreement;  

 

(e) payments made pursuant to Article 10.6.1 and 10.6.2 and Article 10.7; and 

 

(f)   payments arising out of a dispute.

 

2. Each Party shall permit transfers relating to a covered investment to be made in a freely

usable currency at the market rate of exchange prevailing at the time of transfer.

 

3. Each Party shall permit returns in kind relating to a covered investment to be made as

authorized or specified in a written agreement between the Party and a covered investment or an

investor of another Party.

 

4. Notwithstanding paragraphs 1 through 3, a Party may prevent a transfer through the

equitable, nondiscriminatory, and good faith application of its laws relating to:

 

(a) bankruptcy, insolvency, or the protection of the rights of creditors; 

 

(b) issuing, trading, or dealing in securities, futures, options, or derivatives;

 

(c) criminal or penal offenses; 

 

(d) financial reporting or record keeping of transfers when necessary to assist law

enforcement or financial regulatory authorities; or

 

(e) ensuring compliance with orders or judgments in judicial or administrative

proceedings.

 

 

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Article 10.9:  Performance Requirements 

 

1. No Party may, in connection with the establishment, acquisition, expansion,

management, conduct, operation, or sale or other disposition of an investment of an investor of a

Party or of a non-Party in its territory, impose or enforce any of the following requirements, or

enforce any commitment or undertaking: 

 

(a) to export a given level or percentage of goods or services;

 

(b) to achieve a given level or percentage of domestic content; 

 

(c) to purchase, use, or accord a preference to goods produced in its territory, or to

purchase goods from persons in its territory;

 

(d) to relate in any way the volume or value of imports to the volume or value of

exports or to the amount of foreign exchange inflows associated with such

investment; 

 

(e) to restrict sales of goods or services in its territory that such investment produces

or supplies by relating such sales in any way to the volume or value of its exports

or foreign exchange earnings; 

 

(f) to transfer a particular technology, a production process, or other proprietary

knowledge to a person in its territory; or 

 

(g) to supply exclusively from the territory of the Party the goods that such

investment produces or the services that it supplies to a specific regional market

or to the world market.

 

2. No Party may condition the receipt or continued receipt of an advantage, in connection

with the establishment, acquisition, expansion, management, conduct, operation, or sale or other

disposition of an investment in its territory of an investor of a Party or of a non-Party, on

compliance with any of the following requirements:

 

(a) to achieve a given level or percentage of domestic content; 

 

(b) to purchase, use, or accord a preference to goods produced in its territory, or to

purchase goods from persons in its territory; 

 

(c) to relate in any way the volume or value of imports to the volume or value of

exports or to the amount of foreign exchange inflows associated with such

investment; or 

 

 

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(d) to restrict sales of goods or services in its territory that such investment produces

or supplies by relating such sales in any way to the volume or value of its exports

or foreign exchange earnings.

 

3. (a) Nothing in paragraph 2 shall be construed to prevent a Party from conditioning

the receipt or continued receipt of an advantage, in connection with an investment

in its territory of an investor of a Party or of a non-Party, on compliance with a

requirement to locate production, supply a service, train or employ workers,

construct or expand particular facilities, or carry out research and development, in

its territory.  

 

(b) Paragraph 1(f) does not apply:

 

(i) when a Party authorizes use of an intellectual property right in accordance

with Article 31 of the TRIPS Agreement, or to measures requiring the

disclosure of proprietary information that fall within the scope of, and are

consistent with, Article 39 of the TRIPS Agreement;5 or

 

(ii) when the requirement is imposed or the commitment or undertaking is

enforced by a court, administrative tribunal, or competition authority to

remedy a practice determined after judicial or administrative process to be

anticompetitive under the Party’s competition laws.6

 

(c) Provided that such measures are not applied in an arbitrary or unjustifiable

manner, and provided that such measures do not constitute a disguised restriction

on international trade or investment, paragraphs 1(b), (c), and (f), and 2(a) and

(b), shall not be construed to prevent a Party from adopting or maintaining

measures, including environmental measures:

 

(i) necessary to secure compliance with laws and regulations that are not

inconsistent with this Agreement; 

 

(ii) necessary to protect human, animal, or plant life or health; or 

 

(iii) related to the conservation of living or non-living exhaustible natural

resources.

 

                                                

5

  For greater certainty, the references to “the TRIPS Agreement” in paragraph 3(b)(i) include any waiver in force

between the Parties of any provision of that Agreement granted by WTO Members in accordance with the WTO

Agreement.

6

  The Parties recognize that a patent does not necessarily confer market power.

 

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(d) Paragraphs 1(a), (b), and (c), and 2(a) and (b), do not apply to qualification

requirements for goods or services with respect to export promotion and foreign

aid programs.

 

(e) Paragraphs 1(b), (c), (f), and (g), and 2(a) and (b), do not apply to procurement.

 

(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing

Party relating to the content of goods necessary to qualify for preferential tariffs

or preferential quotas.

 

4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the

requirements set out in those paragraphs.

 

5. This Article does not preclude enforcement of any commitment, undertaking, or

requirement between private parties, where a Party did not impose or require the commitment,

undertaking, or requirement.

 

Article 10.10:  Senior Management and Boards of Directors

 

1. No Party may require that an enterprise of that Party that is a covered investment appoint

to senior management positions natural persons of any particular nationality.

 

2. A Party may require that a majority of the board of directors, or any committee thereof,

of an enterprise of that Party that is a covered investment, be of a particular nationality, or

resident in the territory of the Party, provided that the requirement does not materially impair the

ability of the investor to exercise control over its investment.

 

Article 10.11:  Investment and Environment

  

 Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining,

or enforcing any measure otherwise consistent with this Chapter that it considers appropriate to

ensure that investment activity in its territory is undertaken in a manner sensitive to

environmental concerns.

 

Article 10.12:  Denial of Benefits

 

 

1. A Party may deny the benefits of this Chapter to an investor of another Party that is an

enterprise of such other Party and to investments of that investor if persons of a non-Party own

or control the enterprise and the denying Party:

 

(a) does not maintain diplomatic relations with the non-Party; or

 

(b) adopts or maintains measures with respect to the non-Party or a person of the non-

Party that prohibit transactions with the enterprise or that would be violated or

 

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circumvented if the benefits of this Chapter were accorded to the enterprise or to

its investments.

 

2. Subject to Articles 18.3 (Notification and Provision of Information) and 20.4

(Consultations), a Party may deny the benefits of this Chapter to an investor of another Party that

is an enterprise of such other Party and to investments of that investor if the enterprise has no

substantial business activities in the territory of any Party, other than the denying Party, and

persons of a non-Party, or of the denying Party, own or control the enterprise.

 

Article 10.13:  Non-Conforming Measures

 

1. Articles 10.3, 10.4, 10.9, and 10.10 do not apply to: 

 

(a) any existing non-conforming measure that is maintained by a Party at:

 

(i) the central level of government, as set out by that Party in its Schedule to

Annex I,

 

 

(ii) a regional level of government, as set out by that Party in its Schedule to

Annex I, or

 

(iii) a local level of government;

 

(b) the continuation or prompt renewal of any non-conforming measure referred to in

subparagraph (a); or 

 

(c) an amendment to any non-conforming measure referred to in subparagraph (a) to

the extent that the amendment does not decrease the conformity of the measure, as

it existed immediately before the amendment, with Article 10.3, 10.4, 10.9, or

10.10.

 

2. Articles 10.3, 10.4, 10.9, and 10.10 do not apply to any measure that a Party adopts or

maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex II.

 

3. No Party may, under any measure adopted after the date of entry into force of this

Agreement and covered by its Schedule to Annex II, require an investor of another Party, by

reason of its nationality, to sell or otherwise dispose of an investment existing at the time the

measure becomes effective.

 

4. Articles 10.3 and 10.4 do not apply to any measure that is an exception to, or derogation

from, the obligations under Article 15.1.8 (General Provisions) as specifically provided in that

Article.

 

 

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5. Articles 10.3, 10.4, and 10.10 do not apply to: 

 

(a) procurement; or   

 

(b) subsidies or grants provided by a Party, including government-supported loans,

guarantees, and insurance.

 

Article 10.14:  Special Formalities and Information Requirements

 

1. Nothing in Article 10.3 shall be construed to prevent a Party from adopting or

maintaining a measure that prescribes special formalities in connection with covered

investments, such as a requirement that investors be residents of the Party or that covered

investments be legally constituted under the laws or regulations of the Party, provided that such

formalities do not materially impair the protections afforded by a Party to investors of another

Party and covered investments pursuant to this Chapter. 

 

2. Notwithstanding Articles 10.3 and 10.4, a Party may require an investor of another Party,

or a covered investment, to provide information concerning that investment solely for

informational or statistical purposes.  The Party shall protect any confidential business

information from any disclosure that would prejudice the competitive position of the investor or

the covered investment.  Nothing in this paragraph shall be construed to prevent a Party from

otherwise obtaining or disclosing information in connection with the equitable and good faith

application of its law.

 

 

Section B:  Investor-State Dispute Settlement

 

Article 10.15:  Consultation and Negotiation

 

 In the event of an investment dispute, the claimant and the respondent should initially

seek to resolve the dispute through consultation and negotiation, which may include the use of

non-binding, third-party procedures such as conciliation and mediation.

 

Article 10.16:  Submission of a Claim to Arbitration 

 

1. In the event that a disputing party considers that an investment dispute cannot be settled

by consultation and negotiation: 

 

(a) the claimant, on its own behalf, may submit to arbitration under this Section a

claim 

 

(i) that the respondent has breached 

 

 

(A) an obligation under Section A,  

 

 

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(B) an investment authorization, or 

 

(C) an investment agreement;

 

  and

 

(ii) that the claimant has incurred loss or damage by reason of, or arising out

of, that breach; and

 

(b) the claimant, on behalf of an enterprise of the respondent that is a juridical person

that the claimant owns or controls directly or indirectly, may submit to arbitration

under this Section a claim

 

(i) that the respondent has breached

 

(A) an obligation under Section A,

 

(B) an investment authorization, or 

 

(C) an investment agreement;

   

  and

 

(ii) that the enterprise has incurred loss or damage by reason of, or arising out

of, that breach.

 

2. At least 90 days before submitting any claim to arbitration under this Section, a claimant

shall deliver to the respondent a written notice of its intention to submit the claim to arbitration

(“notice of intent”).  The notice shall specify:   

 

(a) the name and address of the claimant and, where a claim is submitted on behalf of

an enterprise, the name, address, and place of incorporation of the enterprise; 

 

(b) for each claim, the provision of this Agreement, investment authorization, or

investment agreement alleged to have been breached and any other relevant

provisions;

 

(c) the legal and factual basis for each claim; and

 

(d) the relief sought and the approximate amount of damages claimed.

 

3. Provided that six months have elapsed since the events giving rise to the claim, a

claimant may submit a claim referred to in paragraph 1:

 

 

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(a) under the ICSID Convention and the ICSID Rules of Procedures for Arbitration

Proceedings, provided that both the respondent and the Party of the claimant are

parties to the ICSID Convention;

 

(b) under the ICSID Additional Facility Rules, provided that either the respondent or

the Party of the claimant is a party to the ICSID Convention; or

 

(c) under the UNCITRAL Arbitration Rules. 

 

4. A claim shall be deemed submitted to arbitration under this Section when the claimant’s

notice of or request for arbitration (“notice of arbitration”): 

 

 

(a) referred to in paragraph 1 of Article 36 of the ICSID Convention is received by

the Secretary-General; 

 

 

(b) referred to in Article 2 of Schedule C of the ICSID Additional Facility Rules is

received by the Secretary-General; or

 

(c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the

statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules,

are received by the respondent. 

 

A claim asserted for the first time after such notice of arbitration is submitted shall be deemed

submitted to arbitration under this Section on the date of its receipt under the applicable arbitral

rules.

 

5. The arbitration rules applicable under paragraph 3, and in effect on the date the claim or

claims were submitted to arbitration under this Section, shall govern the arbitration except to the

extent modified by this Agreement.

 

6. The claimant shall provide with the notice of arbitration:

 

(a) the name of the arbitrator that the claimant appoints; or

 

(b) the claimant’s written consent for the Secretary-General to appoint such

arbitrator.

 

Article 10.17:  Consent of Each Party to Arbitration

 

1. Each Party consents to the submission of a claim to arbitration under this Section in

accordance with this Agreement.

 

2. The consent under paragraph 1 and the submission of a claim to arbitration under this

Section shall satisfy the requirements of:

 

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(a) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the ICSID

Additional Facility Rules for written consent of the parties to the dispute;

 

(b) Article II of the New York Convention for an “agreement in writing;” and

 

(c) Article I of the Inter-American Convention for an “agreement.”

 

Article 10.18:  Conditions and Limitations on Consent of Each Party

 

1. No claim may be submitted to arbitration under this Section if more than three years have

elapsed from the date on which the claimant first acquired, or should have first acquired,

knowledge of the breach alleged under Article 10.16.1 and knowledge that the claimant (for

claims brought under Article 10.16.1(a)) or the enterprise (for claims brought under Article

10.16.1(b)) has incurred loss or damage.

 

2. No claim may be submitted to arbitration under this Section unless:

 

(a) the claimant consents in writing to arbitration in accordance with the procedures

set out in this Agreement; and

 

(b) the notice of arbitration is accompanied,

 

(i)   for claims submitted to arbitration under Article 10.16.1(a), by the

claimant’s written waiver, and

 

(ii) for claims submitted to arbitration under Article 10.16.1(b), by the

claimant’s and the enterprise’s written waivers 

 

of any right to initiate or continue before any administrative tribunal or court

under the law of any Party, or other dispute settlement procedures, any proceeding

with respect to any measure alleged to constitute a breach referred to in Article

10.16.

 

3. Notwithstanding paragraph 2(b), the claimant (for claims brought under Article 10.16.1(a))

and the claimant or the enterprise (for claims brought under Article 10.16.1(b)) may initiate or

continue an action that seeks interim injunctive relief and does not involve the payment of

monetary damages before a judicial or administrative tribunal of the respondent, provided that

the action is brought for the sole purpose of preserving the claimant’s or the enterprise’s rights

and interests during the pendency of the arbitration. 

 

4. No claim may be submitted to arbitration:

 

(a) for breach of an investment authorization under Article 10.16.1(a)(i)(B) or Article

10.16.1(b)(i)(B), or 

 

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(b) for breach of an investment agreement under Article 10.16.1(a)(i)(C) or Article

10.16.1(b)(i)(C), 

 

if the claimant (for claims brought under Article 10.16.1(a)) or the claimant or the enterprise (for

claims brought under Article 10.16.1(b)) has previously submitted the same alleged breach to an

administrative tribunal or court of the respondent, or to any other binding dispute settlement

procedure, for adjudication or resolution.

 

Article 10.19:  Selection of Arbitrators

 

1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators,

one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding

arbitrator, appointed by agreement of the disputing parties. 

 

2. The Secretary-General shall serve as appointing authority for an arbitration under this

Section. 

 

3. If a tribunal has not been constituted within 75 days from the date that a claim is

submitted to arbitration under this Section, the Secretary-General, on the request of a disputing

party, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed.

 

4. 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 on a

ground other than nationality: 

 

(a) the respondent agrees to the appointment of each individual member of a tribunal

established under the ICSID Convention or the ICSID Additional Facility Rules; 

 

(b)  a claimant referred to in Article 10.16.1(a) may submit a claim to arbitration

under this Section, or continue a claim, under the ICSID Convention or the ICSID

Additional Facility Rules, only on condition that the claimant agrees in writing to

the appointment of each individual member of the tribunal; and 

 

(c) a claimant referred to in Article 10.16.1(b) may submit a claim to arbitration

under this Section, or continue a claim, under the ICSID Convention or the ICSID

Additional Facility Rules, only on condition that the claimant and the enterprise

agree in writing to the appointment of each individual member of the tribunal. 

 

Article 10.20:  Conduct of the Arbitration

 

1. The disputing parties may agree on the legal place of any arbitration under the arbitral

rules applicable under Article 10.16.3.  If the disputing parties fail to reach agreement, the

tribunal shall determine the place in accordance with the applicable arbitral rules, provided that

the place shall be in the territory of a State that is a party to the New York Convention.

 

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2. A non-disputing Party may make oral and written submissions to the tribunal regarding

the interpretation of this Agreement.

 

3. The tribunal shall have the authority to accept and consider amicus curiae submissions

from a person or entity that is not a disputing party. 

 

4. Without prejudice to a tribunal’s authority to address other objections as a preliminary

question, a tribunal shall address and decide as a preliminary question any objection by the

respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor

of the claimant may be made under Article 10.26. 

 

(a) Such objection shall be submitted to the tribunal as soon as possible after the

tribunal is constituted, and in no event later than the date the tribunal fixes for the

respondent to submit its counter-memorial (or, in the case of an amendment to the

notice of arbitration, the date the tribunal fixes for the respondent to submit its

response to the amendment).  

 

(b) On receipt of an objection under this paragraph, the tribunal shall suspend any

proceedings on the merits, establish a schedule for considering the objection

consistent with any schedule it has established for considering any other

preliminary question, and issue a decision or award on the objection, stating the

grounds therefor. 

 

(c) In deciding an objection under this paragraph, the tribunal shall assume to be true

claimant’s factual allegations in support of any claim in the notice of arbitration

(or any amendment thereof) and, in disputes brought under the UNCITRAL

Arbitration Rules, the statement of claim referred to in Article 18 of the

UNCITRAL Arbitration Rules.  The tribunal may also consider any relevant facts

not in dispute.

 

(d) The respondent does not waive any objection as to competence or any argument

on the merits merely because the respondent did or did not raise an objection

under this paragraph or make use of the expedited procedure set out in paragraph

5.

 

5. In the event that the respondent so requests within 45 days after the tribunal is

constituted, the tribunal shall decide on an expedited basis an objection under paragraph 4 and

any objection that the dispute is not within the tribunal’s competence.  The tribunal shall suspend

any proceedings on the merits and issue a decision or award on the objection(s), stating the

grounds therefor, no later than 150 days after the date of the request.  However, if a disputing

party requests a hearing, the tribunal may take an additional 30 days to issue the decision or

award.  Regardless of whether a hearing is requested, a tribunal may, on a showing of

 

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extraordinary cause, delay issuing its decision or award by an additional brief period, which may

not exceed 30 days.

 

6. When it decides a respondent’s objection under paragraph 4 or 5, the tribunal may, if

warranted, award to the prevailing disputing party reasonable costs and attorney’s fees incurred

in submitting or opposing the objection.  In determining whether such an award is warranted, the

tribunal shall consider whether either the claimant’s claim or the respondent’s objection was

frivolous, and shall provide the disputing parties a reasonable opportunity to comment.

 

7. A respondent may not assert as a defense, counterclaim, right of set-off, or for any other

reason that the claimant has received or will receive indemnification or other compensation for

all or part of the alleged damages pursuant to an insurance or guarantee contract.

 

8. A tribunal may order an interim measure of protection to preserve the rights of a

disputing party, or to ensure that the tribunal’s jurisdiction is made fully effective, including an

order to preserve evidence in the possession or control of a disputing party or to protect the

tribunal’s jurisdiction.  A tribunal may not order attachment or enjoin the application of a

measure alleged to constitute a breach referred to in Article 10.16.  For purposes of this

paragraph, an order includes a recommendation.

 

9. (a) In any arbitration conducted under this Section, at the request of a disputing party,

a tribunal shall, before issuing a decision or award on liability, transmit its

proposed decision or award to the disputing parties and to the non-disputing

Parties.  Within 60 days after the tribunal transmits its proposed decision or

award, the disputing parties may submit written comments to the tribunal

concerning any aspect of its proposed decision or award.  The tribunal shall

consider any such comments and issue its decision or award not later than 45 days

after the expiration of the 60-day comment period. 

 

(b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this

Section for which an appeal has been made available pursuant to paragraph 10 or

Annex 10-F.

 

10. If a separate multilateral agreement enters into force as between the Parties that

establishes an appellate body for purposes of reviewing awards rendered by tribunals constituted

pursuant to international trade or investment arrangements to hear investment disputes, the

Parties shall strive to reach an agreement that would have such appellate body review awards

rendered under Article 10.26 in arbitrations commenced after the multilateral agreement enters

into force as between the Parties.

 

 

Article 10.21:  Transparency of Arbitral Proceedings

 

1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following

documents, promptly transmit them to the non-disputing Parties and make them available to the

public:

 

 10-17

 

(a) the notice of intent;

 

(b) the notice of arbitration;

 

(c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and

any written submissions submitted pursuant to Article 10.20.2 and 10.20.3 and

Article 10.25;

 

(d) minutes or transcripts of hearings of the tribunal, where available; and 

 

(e) orders, awards, and decisions of the tribunal. 

 

2. The tribunal shall conduct hearings open to the public and shall determine, in

consultation with the disputing parties, the appropriate logistical arrangements.  However, any

disputing party that intends to use information designated as protected information in a hearing

shall so advise the tribunal.  The tribunal shall make appropriate arrangements to protect the

information from disclosure. 

 

3. Nothing in this Section requires a respondent to disclose protected information or to

furnish or allow access to information that it may withhold in accordance with Article 21.2

(Essential Security) or Article 21.5 (Disclosure of Information).

 

4. Any protected information that is submitted to the tribunal shall be protected from

disclosure in accordance with the following procedures:

 

(a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall

disclose to any non-disputing Party or to the public any protected information

where the disputing party that provided the information clearly designates it in

accordance with subparagraph (b);

 

(b) Any disputing party claiming that certain information constitutes protected

information shall clearly designate the information at the time it is submitted to

the tribunal;

 

(c) A disputing party shall, at the same time that it submits a document containing

information claimed to be protected information, submit a redacted version of the

document that does not contain the information.  Only the redacted version shall

be provided to the non-disputing Parties and made public in accordance with

paragraph 1; and

 

(d) The tribunal shall decide any objection regarding the designation of information

claimed to be protected information.  If the tribunal determines that such

information was not properly designated, the disputing party that submitted the

 

 10-18

information may (i) withdraw all or part of its submission containing such

information, or (ii) agree to resubmit complete and redacted documents with

corrected designations in accordance with the tribunal’s determination and

subparagraph (c).  In either case, the other disputing party shall, whenever

necessary, resubmit complete and redacted documents which either remove the

information withdrawn under (i) by the disputing party that first submitted the

information or redesignate the information consistent with the designation under

(ii) of the disputing party that first submitted the information.

 

5. Nothing in this Section requires a respondent to withhold from the public information

required to be disclosed by its laws.

 

Article 10.22:  Governing Law

 

 

1. Subject to paragraph 3, when a claim is submitted under Article 10.16.1(a)(i)(A) or

Article 10.16.1(b)(i)(A), the tribunal shall decide the issues in dispute in accordance with this

Agreement and applicable rules of international law.

 

2. Subject to paragraph 3 and the other terms of this Section, when a claim is submitted

under Article 10.16.1(a)(i)(B) or (C), or Article 10.16.1(b)(i)(B) or (C), the tribunal shall apply:

 

(a) the rules of law specified in the pertinent investment agreement or investment

authorization, or as the disputing parties may otherwise agree; or

 

(b) if the rules of law have not been specified or otherwise agreed:

 

(i) the law of the respondent, including its rules on the conflict of laws;7 and

 

(ii) such rules of international law as may be applicable.

 

3. A decision of the Commission declaring its interpretation of a provision of this

Agreement under Article 19.1.3(c) (The Free Trade Commission) shall be binding on a tribunal

established under this Section, and any decision or award issued by the tribunal must be

consistent with that decision.

 

Article 10.23:  Interpretation of Annexes 

 

1. Where a respondent asserts as a defense that the measure alleged to be a breach is within

the scope of Annex I or Annex II, the tribunal shall, on request of the respondent, request the

interpretation of the Commission on the issue.  The Commission shall submit in writing any

                                                

7

  The “law of the respondent” means the law that a domestic court or tribunal of proper jurisdiction would apply in

the same case.

 

 10-19

decision declaring its interpretation under Article 19.1.3(c) (The Free Trade Commission) to the

tribunal within 60 days of delivery of the request.

 

2. A decision issued by the Commission under paragraph 1 shall be binding on the tribunal,

and any decision or award issued by the tribunal must be consistent with that decision.  If the

Commission fails to issue such a decision within 60 days, the tribunal shall decide the issue. 

 

Article 10.24:  Expert Reports

 

 Without prejudice to the appointment of other kinds of experts where authorized by the

applicable arbitration rules, a tribunal, at the request of a disputing party or, unless the disputing

parties disapprove, on its own initiative, may appoint one or more experts to report to it in

writing on any factual issue concerning environmental, health, safety, or other scientific matters

raised by a disputing party in a proceeding, subject to such terms and conditions as the disputing

parties may agree.

 

Article 10.25:  Consolidation  

 

1. Where two or more claims have been submitted separately to arbitration under Article

10.16.1 and the claims have a question of law or fact in common and arise out of the same events

or circumstances, any disputing party may seek a consolidation order in accordance with the

agreement of all the disputing parties sought to be covered by the order or the terms of

paragraphs 2 through 10.

 

2. A disputing party that seeks a consolidation order under this Article shall deliver, in

writing, a request to the Secretary-General and to all the disputing parties sought to be covered

by the order and shall specify in the request:

 

(a) the names and addresses of all the disputing parties sought to be covered by the

order;

 

(b) the nature of the order sought; and

 

(c) the grounds on which the order is sought.

 

3. Unless the Secretary-General finds within 30 days after receiving a request under

paragraph 2 that the request is manifestly unfounded, a tribunal shall be established under this

Article.

 

4. Unless all the disputing parties sought to be covered by the order otherwise agree, a

tribunal established under this Article shall comprise three arbitrators: 

 

(a) one arbitrator appointed by agreement of the claimants;  

 

(b) one arbitrator appointed by the respondent; and 

 

 10-20

 

(c) the presiding arbitrator appointed by the Secretary-General, provided, however,

that the presiding arbitrator shall not be a national of any Party.

 

5. If, within 60 days after the Secretary-General receives a request made under paragraph 2,

the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4,

the Secretary-General, on the request of any disputing party sought to be covered by the order,

shall appoint the arbitrator or arbitrators not yet appointed.  If the respondent fails to appoint an

arbitrator, the Secretary-General shall appoint a national of the disputing Party, and if the

claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of a Party of

the claimants.

 

6. Where a tribunal established under this Article is satisfied that two or more claims that

have been submitted to arbitration under Article 10.16.1 have a question of law or fact in

common, and arise out of the same events or circumstances, the tribunal may, in the interest of

fair and efficient resolution of the claims, and after hearing the disputing parties, by order:

 

(a) assume jurisdiction over, and hear and determine together, all or part of the

claims; 

 

(b) assume jurisdiction over, and hear and determine one or more of the claims, the

determination of which it believes would assist in the resolution of the others; or

 

(c) instruct a tribunal previously established under Article 10.19 to assume

jurisdiction over, and hear and determine together, all or part of the claims,

provided that 

 

(i) that tribunal, at the request of any claimant not previously a disputing

party before that tribunal, shall be reconstituted with its original members,

except that the arbitrator for the claimants shall be appointed pursuant to

paragraphs 4(a) and 5; and

 

(ii) that tribunal shall decide whether any prior hearing shall be repeated.

 

7. Where a tribunal has been established under this Article, a claimant that has 

submitted a claim to arbitration under Article 10.16.1 and that has not been named in a request

made under paragraph 2 may make a written request to the tribunal that it be included in any

order made under paragraph 6, and shall specify in the request:

 

(a) the name and address of the claimant;

 

(b) the nature of the order sought; and

 

(c) the grounds on which the order is sought.

 

 10-21

 

The claimant shall deliver a copy of its request to the Secretary-General.

 

8. A tribunal established under this Article shall conduct its proceedings in accordance with

the UNCITRAL Arbitration Rules, except as modified by this Section.

 

9. A tribunal established under Article 10.19 shall not have jurisdiction to decide a claim, or

a part of a claim, over which a tribunal established or instructed under this Article has assumed

jurisdiction.

 

10. On application of a disputing party, a tribunal established under this Article, pending its

decision under paragraph 6, may order that the proceedings of a tribunal established under

Article 10.19 be stayed, unless the latter tribunal has already adjourned its proceedings.

 

Article 10.26:  Awards

 

1. Where a tribunal makes a final award against a respondent, the tribunal may award,

separately or in combination, only:

 

(a) monetary damages and any applicable interest; 

 

(b) restitution of property, in which case the award shall provide that the respondent

may pay monetary damages and any applicable interest in lieu of restitution.

 

A tribunal may also award costs and attorney’s fees in accordance with this Section and the

applicable arbitration rules.

 

2.  Subject to paragraph 1, where a claim is submitted to arbitration under Article 10.16.1(b): 

 

(a) an award of restitution of property shall provide that restitution be made to the

enterprise; 

 

(b) an award of monetary damages and any applicable interest shall provide that the

sum be paid to the enterprise; and

 

(c) the award shall provide that it is made without prejudice to any right that any

person may have in the relief under applicable domestic law.

 

3. A tribunal is not authorized to award punitive damages.

 

4. An award made by a tribunal shall have no binding force except between the disputing

parties and in respect of the particular case. 

 

5. Subject to paragraph 6 and the applicable review procedure for an interim award, a

disputing party shall abide by and comply with an award without delay. 

 

 10-22

 

6. A disputing party may not seek enforcement of a final award until: 

 

(a) in the case of a final award made under the ICSID Convention 

 

(i) 120 days have elapsed from the date the award was rendered and no

disputing party has requested revision or annulment of the award; or 

 

(ii) revision or annulment proceedings have been completed; and

 

 

(b) in the case of a final award under the ICSID Additional Facility Rules or the

UNCITRAL Arbitration Rules  

 

(i) 90 days have elapsed from the date the award was rendered and no

disputing party has commenced a proceeding to revise, set aside, or annul

the award; or 

 

(ii) a court has dismissed or allowed an application to revise, set aside, or

annul the award and there is no further appeal. 

 

7. Each Party shall provide for the enforcement of an award in its territory.

 

8. If the respondent fails to abide by or comply with a final award, on delivery of a request

by the Party of the claimant, a panel shall be established under Article 20.6 (Request for an

Arbitral Panel).  The requesting Party may seek in such proceedings:

 

(a) a determination that the failure to abide by or comply with the final award is

inconsistent with the obligations of this Agreement; and 

 

(b) in accordance with Article 20.13 (Initial Report), a recommendation that the

respondent abide by or comply with the final award. 

 

9. A disputing party may seek enforcement of an arbitration award under the ICSID

Convention, the New York Convention, or the Inter-American Convention regardless of whether

proceedings have been taken under paragraph 8. 

 

10. A claim that is submitted to arbitration under this Section shall be considered to arise out

of a commercial relationship or transaction for purposes of Article I of the New York

Convention and Article I of the Inter-American Convention.  

 

Article 10.27:  Service of Documents

 

 Delivery of notice and other documents on a Party shall be made to the place named for

that Party in Annex 10-G.

 

 10-23

 

 

Section C:  Definitions

 

Article 10.28:  Definitions

 

For purposes of this Chapter:

 

Centre means the International Centre for Settlement of Investment Disputes (“ICSID”)

established by the ICSID Convention;

 

claimant means an investor of a Party that is a party to an investment dispute with another Party;

 

disputing parties means the claimant and the respondent;

 

disputing party means either the claimant or the respondent;

 

enterprise means an enterprise as defined in Article 2.1 (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;

 

freely usable currency means “freely usable currency” as determined by the International

Monetary Fund under its Articles of Agreement;

 

ICSID Additional Facility Rules means the Rules Governing the Additional Facility for the

Administration of Proceeding by the Secretariat of 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 Inter-American Convention on International

Commercial Arbitration, done at Panama, January 30, 1975;

 

investment means every asset that an investor owns or controls, directly or indirectly, that has

the characteristics of an investment, including such characteristics as the commitment of capital

or other resources, the expectation of gain or profit, or the assumption of risk.  Forms that an

investment may take include:

 

(a)  an enterprise;

 

(b)  shares, stock, and other forms of equity participation in an enterprise;

 

 

 10-24

(c)  bonds, debentures, other debt instruments, and loans;8 9

 

(d)  futures, options, and other derivatives;

 

(e)  turnkey, construction, management, production, concession, revenue-sharing, and

other similar contracts;

 

(f)  intellectual property rights;

 

(g)  licenses, authorizations, permits, and similar rights conferred pursuant to      

domestic law;10 11 and

 

(h)  other tangible or intangible, movable or immovable property, and related property

rights, such as leases, mortgages, liens, and pledges;

 

investment agreement means a written agreement12 that takes effect on or after the date of entry

into force of this Agreement between a national authority13 of a Party and a covered investment

or an investor of another Party that grants the covered investment or investor rights:

 

(a) with respect to natural resources or other assets that a national authority controls;

and

 

                                                

8

  Some forms of debt, such as bonds, debentures, and long-term notes, are more likely to have the characteristics of

an investment, while other forms of debt are less likely to have such characteristics.  

9

  For purposes of this Agreement, claims to payment that are immediately due and result from the sale of goods or

services are not investments.

10

  Whether a particular type of license, authorization, permit, or similar instrument (including a concession, to the

extent that it has the nature of such an instrument) has the characteristics of an investment depends on such factors

as the nature and extent of the rights that the holder has under the law of the Party.  Among the licenses,

authorizations, permits, and similar instruments that do not have the characteristics of an investment are those that

do not create any rights protected under domestic law.  For greater certainty, the foregoing is without prejudice to

whether any asset associated with the license, authorization, permit, or similar instrument has the characteristics of

an investment.

11

  The term “investment” does not include an order or judgment entered in a judicial or administrative action.

12

  “Written agreement” refers to an agreement in writing, executed by both parties, that creates an exchange of

rights and obligations, binding on both parties under the law applicable under Article 10.22.2.  For greater certainty,

(a) a unilateral act of an administrative or judicial authority, such as a permit, license, or authorization issued by a

Party solely in its regulatory capacity or a decree, order, or judgment; and (b) an administrative or judicial consent

decree or order, shall not be considered a written agreement.

13

  For purposes of this definition, “national authority” means an authority at the central level of government.

 

 10-25

(b) upon which the covered investment or the investor relies in establishing or

acquiring a covered investment other than the written agreement itself;

 

investment authorization14 means an authorization that the foreign investment authority of a

Party grants to a covered investment or an investor of another Party;

 

investor of a non-Party means, with respect to a Party, an investor that attempts to make, is

making, or has made an investment in the territory of that Party, that is not an investor of a Party;

 

investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of a

Party, that attempts to make, is making, or has made an investment in the territory of another

Party; provided, however, that a natural person who is a dual national shall be deemed to be

exclusively a national of the State of his or her dominant and effective nationality;

 

national means a natural person who has the nationality of a Party according to Annex 2.1

(Country-Specific Definitions);

 

New York Convention means the United Nations Convention on the Recognition and

Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958;

 

non-disputing Party means a Party that is not a party to an investment dispute;

 

protected information means confidential business information or information that is privileged

or otherwise protected from disclosure under a Party’s law; 

 

respondent means the Party that is a party to an investment dispute;

 

Secretary-General means the Secretary-General of ICSID;

 

tribunal means an arbitration tribunal established under Article 10.19 or 10.25; and

 

UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission

on International Trade Law.

 

                                                 

14

  For greater certainty, actions taken by a Party to enforce laws of general application, such as competition laws,

are not encompassed within this definition.

 

 10-26

 

Annex 10-A

 

Public Debt

 

 The rescheduling of the debts of a Central American Party or the Dominican Republic, or

of such Party’s institutions owned or controlled through ownership interests by such Party, owed

to the United States and the rescheduling of any of such Party’s debts owed to creditors in

general are not subject to any provision of Section A other than Articles 10.3 and 10.4.

 

 

 10-27

Annex 10-B

 

Customary International Law

The Parties confirm their shared understanding that “customary international law”

generally and as specifically referenced in Articles 10.5, 10.6, and Annex 10-C results from a

general and consistent practice of States that they follow from a sense of legal obligation.  With

regard to Article 10.5, the customary international law minimum standard of treatment of aliens

refers to all customary international law principles that protect the economic rights and interests

of aliens.

 

 

 10-28

Annex 10-C

 

Expropriation

 

The Parties confirm their shared understanding that:

 

1. Article 10.7.1 is intended to reflect customary international law concerning the obligation

of States with respect to expropriation.

 

2. An action or a series of actions by a Party cannot constitute an expropriation unless it

interferes with a tangible or intangible property right or property interest in an investment.

 

3. Article 10.7.1 addresses two situations.  The first is direct expropriation, where an

investment is nationalized or otherwise directly expropriated through formal transfer of title or

outright seizure.

 

4. The second situation addressed by Article 10.7.1 is indirect expropriation, where an

action or series of actions by a Party has an effect equivalent to direct expropriation without

formal transfer of title or outright seizure.

 

(a) The determination of whether an action or series of actions by a Party, in a

specific fact situation, constitutes an indirect expropriation, requires a case-by-

case, fact-based inquiry that considers, among other factors:

 

(i) the economic impact of the government action, although the fact that an

action or series of actions by a Party has an adverse effect on the economic

value of an investment, standing alone, does not establish that an indirect

expropriation has occurred;

 

(ii) the extent to which the government action interferes with distinct,

reasonable investment-backed expectations; and

 

(iii) the character of the government action.

 

(b) Except in rare circumstances, nondiscriminatory regulatory actions by a Party that

are designed and applied to protect legitimate public welfare objectives, such as

public health, safety, and the environment, do not constitute indirect

expropriations.

 

 

 10-29

 

Annex 10-D 

 

Treatment in Case of Strife

 

1. No investor may submit to arbitration under Section B a claim alleging that Guatemala

has breached Article 10.6.2 as a result of an armed movement or civil disturbance and that the

investor or the investor’s enterprise has incurred loss or damage by reason of or arising out of

such movement or disturbance.

 

2. No investor of Guatemala may submit to arbitration under Section B a claim alleging that

any other Party has breached Article 10.6.2(b).

 

3. The limitation set out in paragraph 1 is without prejudice to other limitations existing in

Guatemala’s law with respect to an investor’s claim that Guatemala has breached Article 10.6.2.

 

 

 10-30

Annex 10-E

 

Submission of a Claim to Arbitration

 

1. An investor of the United States may not submit to arbitration under Section B a claim

that a Central American Party or the Dominican Republic has breached an obligation under

Section A either:

 

(a) on its own behalf under Article 10.16.1(a), or

 

(b) on behalf of an enterprise of a Central American Party or the Dominican Republic

that is a juridical person that the investor owns or controls directly or indirectly

under Article 10.16.1(b),

 

if the investor or the enterprise, respectively, has alleged that breach of an obligation under

Section A in proceedings before a court or administrative tribunal of a Central American Party or

the Dominican Republic.

 

2. For greater certainty, if an investor of the United States elects to submit a claim of the

type described in paragraph 1 to a court or administrative tribunal of a Central American Party or

the Dominican Republic, that election shall be definitive, and the investor may not thereafter

submit the claim to arbitration under Section B.

 

3. Notwithstanding Article 10.18, an investor of the United States may not submit to

arbitration under Section B a claim relating to an investment in sovereign debt instruments with a

maturity of less than one year unless one year has elapsed from the date of the events giving rise

to the claim.

 

 

 

 10-31

Annex 10-F

 

Appellate Body or Similar Mechanism

 

1. Within three months of the date of entry into force of this Agreement, the Commission

shall establish a Negotiating Group to develop an appellate body or similar mechanism to review

awards rendered by tribunals under this Chapter.  Such appellate body or similar mechanism

shall be designed to provide coherence to the interpretation of investment provisions in the

Agreement.  The Commission shall direct the Negotiating Group to take into account the

following issues, among others: 

 

(a) the nature and composition of an appellate body or similar mechanism;

 

(b) the applicable scope and standard of review;

 

(c) transparency of proceedings of an appellate body or similar mechanism; 

 

(d) the effect of decisions by an appellate body or similar mechanism;

 

(e) the relationship of review by an appellate body or similar mechanism to the

arbitral rules that may be selected under Articles 10.16 and 10.25; and 

 

(f) the relationship of review by an appellate body or similar mechanism to existing

domestic laws and international law on the enforcement of arbitral awards.

 

2. The Commission shall direct the Negotiating Group to provide to the Commission, within

one year of establishment of the Negotiating Group, a draft amendment to the Agreement that

establishes an appellate body or similar mechanism.  On approval of the draft amendment by the

Parties, in accordance with Article 22.2 (Amendments), the Agreement shall be so amended.

 

 10-32

Annex 10-G

 

Service of Documents on a Party Under Section B

 

Costa Rica

 

Notices and other documents in disputes under Section B shall be served on Costa Rica

by delivery to:

 

Dirección de Aplicación de Acuerdos

Comerciales Internacionales

Ministerio de Comercio Exterior

San José, Costa Rica

 

 

The Dominican Republic

 

Notices and other documents in disputes under Section B shall be served on the

Dominican Republic by delivery to:

 

Dirección de Comercio Exterior y Administración de Tratados Comerciales Internacionales

 Secretaría de Estado de Industria y Comercio

Santo Domingo, República Dominicana

 

 

El Salvador

 

Notices and other documents in disputes under Section B shall be served on El Salvador

by delivery to:

 

 

Dirección de Administración de Tratados Comerciales

Ministerio de Economía

Alameda Juan Pablo II y Calle Guadalupe

Edificio C1-C2, Plan Maestro Centro de Gobierno

San Salvador, El Salvador 

 

 

Guatemala

 

Notices and other documents in disputes under Section B shall be served on Guatemala

by delivery to:

 

 

 10-33

Ministerio de Economía

 Ciudad de Guatemala, Guatemala

 

 

Honduras

 

Notices and other documents in disputes under Section B shall be served on Honduras by

delivery to:

 

Dirección General de Integración Económica y Política Comercial

Secretaría de Estado en los Despachos de Industria y Comercio

Boulevard José Cecilio del Valle

Edificio San José, antiguo edificio de Fenaduanah

Tegucigalpa, Honduras

 

 

Nicaragua

 

Notices and other documents in disputes under Section B shall be served on Nicaragua by

delivery to:

 

 Dirección de Integración y Administración de Tratados, or its successor

 Ministerio de Fomento, Industria y Comercio 

 Managua, Nicaragua 

 

 

United States

 

Notices and other documents in disputes under Section B shall be served on the United

States by delivery to:

 

Executive Director (L/EX)

Office of the Legal Adviser

Department of State

Washington, D.C.  20520

United States of America