# North American Free Trade Agreement, 1992 Oct. 7 Tariff Phasing Descriptions

## Chapter Twenty (Institutional Arrangements and Dispute Settlement

Book page: https://www.cyberlibrary.org/en/books/north-american-free-trade-agreement-1992-oct-7-tariff-phasing-d-b3e14787/index.md

Procedures) shall, upon delivery of a request by any other Party whose investor was party to the investment dispute, establish a panel under Article 2008(1). The requesting Party may seek in such proceedings:

(a) a determination that the failure to abide by and comply with the terms of the final award is inconsistent with the obligations of this Agreement; and

(b) a recommendation that the defaulting Party abide by or comply with the terms of the final award.

7. A disputing investor 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 6.

8. A claim that is submitted to arbitration 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 1136: General

1. Time when a Claim is Submitted to Arbitration: A claim is submitted to arbitration under this Subchapter when:

(a) the notice of registration of the request to institute arbitration proceedings has been dispatched by the Secretary-General of ICSID in accordance with paragraph 3 of Article 36 of the ICSID Convention;

(b) the certificate of registration of the notice for arbitration has been dispatched by the Secretary- General of ICSID in accordance with Article 4 of Schedule C of the Additional Facility Rules; or

(c) the notice of arbitration given under the UNCITRAL Arbitration Rules is received by the disputing Party.

2. Receipts under Insurance or Guarantee Contracts: In an arbitration under this Subchapter, a Party shall not assert, as a defense, counterclaim, right of set off or otherwise, that the investor concerned has received or will receive, pursuant to an insurance or guarantee contract, indemnification or other compensation for all or part of its alleged damages.

Article 1137: Exclusions

1. Without prejudice to the applicability or non-applicability of the dispute settlement provisions of this Subchapter or of