You are currently viewing the statements in a list. To view them in their context,
click here.
You are currently viewing the statements in their context. To view them in a list, click
here.
The function of Article 1121 NAFTA is to avoid double compensation; thus the waiver required by Article 1121 NAFTA prohibits the claimant from pursuing domestic proceedings where both the domestic action and the arbitration would legally be based on the same measure.
- International Investment Treaties (IITs) > Protection of Investors under IITs > Dispute Settlement Clauses > Waiver Clauses
- North American Free Trade Agreement > Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party > Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
Article 1121 NAFTA lays down conditions for the submission of a claim to arbitration; if these conditions are not met, there is no consent and, thus, the arbitral tribunal has no legal mandate under Article 1122 NAFTA
The tribunal decides whether the consent and waiver were produced in accordance to Article 1121 NAFTA and, in evaluating the existence of a show of intent by the waving party, judges on the compliance with the waiver
A waiver is a unilateral act by which rights are voluntary abdicated; a waiver must be clear, explicit, and categorical.
- International Investment Treaties (IITs) > Protection of Investors under IITs > Dispute Settlement Clauses > Waiver Clauses
- North American Free Trade Agreement > Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party > Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
Submission of a waiver under Article 1121 NAFTA must take place in conjunction with the submission of the notice mandated by Article 2 of the Additional Facility Arbitration Rules.
- International Investment Treaties (IITs) > Protection of Investors under IITs > Dispute Settlement Clauses > Waiver Clauses
- North American Free Trade Agreement > Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party > Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
A waiver according to Article 1121 NAFTA implies a formal and material act; the formal requirements are outlined in Article 1121 NAFTA
- International Investment Treaties (IITs) > Protection of Investors under IITs > Dispute Settlement Clauses > Waiver Clauses
- North American Free Trade Agreement > Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party > Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
As a material requirement, Article 1121 NAFTA calls for a show of intent by the issuing party regarding its waiver; this declaration of intent must assume concrete form and must be made manifest by means of a written text and specific conduct, thus requiring the tribunal to assess whether there is a divergence between the sentiments manifested and the conduct actually engaged in
- International Investment Treaties (IITs) > Protection of Investors under IITs > Dispute Settlement Clauses > Waiver Clauses
- North American Free Trade Agreement > Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party > Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
Even in the case where a claim is denied, each of the disputing parties may be ordered to defray the respective costs occasioned by its own defence when there is no evidence of recklessness or bad faith on the claimant’s part.
Description of dispute settlement procedure in NAFTA
- North American Free Trade Agreement > Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party > Article 1115 – Purpose
- International Investment Treaties (IITs) > Protection of Investors under IITs > Dispute Settlement Clauses > Character of Investor-State Arbitration Clauses
Protection of Investors under IITs
Dispute Settlement Clauses
Character of Investor-State Arbitration Clauses
Description of dispute settlement procedure in NAFTA
Waiver Clauses
The function of Article 1121 NAFTA is to avoid double compensation; thus the waiver required by Article 1121 NAFTA prohibits the claimant from pursuing domestic proceedings where both the domestic action and the arbitration would legally be based on the same measure.
A waiver is a unilateral act by which rights are voluntary abdicated; a waiver must be clear, explicit, and categorical.
Submission of a waiver under Article 1121 NAFTA must take place in conjunction with the submission of the notice mandated by Article 2 of the Additional Facility Arbitration Rules.
A waiver according to Article 1121 NAFTA implies a formal and material act; the formal requirements are outlined in Article 1121 NAFTA
As a material requirement, Article 1121 NAFTA calls for a show of intent by the issuing party regarding its waiver; this declaration of intent must assume concrete form and must be made manifest by means of a written text and specific conduct, thus requiring the tribunal to assess whether there is a divergence between the sentiments manifested and the conduct actually engaged in
Costs
General Remarks
Even in the case where a claim is denied, each of the disputing parties may be ordered to defray the respective costs occasioned by its own defence when there is no evidence of recklessness or bad faith on the claimant’s part.
Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party
Article 1115 – Purpose
Description of dispute settlement procedure in NAFTA
Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
The function of Article 1121 NAFTA is to avoid double compensation; thus the waiver required by Article 1121 NAFTA prohibits the claimant from pursuing domestic proceedings where both the domestic action and the arbitration would legally be based on the same measure.
Article 1121 NAFTA lays down conditions for the submission of a claim to arbitration; if these conditions are not met, there is no consent and, thus, the arbitral tribunal has no legal mandate under Article 1122 NAFTA
The tribunal decides whether the consent and waiver were produced in accordance to Article 1121 NAFTA and, in evaluating the existence of a show of intent by the waving party, judges on the compliance with the waiver
A waiver is a unilateral act by which rights are voluntary abdicated; a waiver must be clear, explicit, and categorical.
Submission of a waiver under Article 1121 NAFTA must take place in conjunction with the submission of the notice mandated by Article 2 of the Additional Facility Arbitration Rules.
A waiver according to Article 1121 NAFTA implies a formal and material act; the formal requirements are outlined in Article 1121 NAFTA
As a material requirement, Article 1121 NAFTA calls for a show of intent by the issuing party regarding its waiver; this declaration of intent must assume concrete form and must be made manifest by means of a written text and specific conduct, thus requiring the tribunal to assess whether there is a divergence between the sentiments manifested and the conduct actually engaged in