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Investor Presentaiton

36 INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL notice of intent to submit a claim to arbitration and the notice of arbitration had not been satisfied, and that the notice of arbitration had been impermissibly amended after it had been filed.27 The more explicit the language in the treaty is, the more likely a tribunal will require strict compliance with the conditions upon which a respondent State offered its consent to arbitration. Canada, for example, has put very clear language in Article 26(5) of its 2004 Model BIT: "Failure to meet any of the conditions precedent provided for in paragraphs 1 through 3 shall nullify the consent of the Parties given in Article 28 (Consent to Arbitration)." 3. Consent to different arbitration forums/rules The State's offer to arbitrate will often identify two or more possible sets of arbitration rules under which the arbitration may be conducted. The investor will make its preferred choice when it submits a claim to arbitration. Various forums and arbitration rules available under IIAs are examined in more detail in section II.D below. 4. Duration of consent IIAs typically include so-called “survival clauses", which guarantee that the provisions of the treaty remain in effect for a specified period of years 5, 10, and sometimes 15 or even 20 after its termination. 28 Thus, even though a State may years 27 Kinnear, Bjorklund and Hannaford, 2009, pp. 1122–1125. 28 Note that where an investment chapter is integrated into a broader economic agreement, such as an FTA, it sometimes does and sometimes does not include a survival clause. See, for example, the India-Korea Comprehensive Economic Partnership Agreement (CEPA) (2009), which includes a survival clause in Article 10.22, and the Canada-Chile FTA (2008), which contains only a general provision that either Party can terminate the agreement on six months' notice in Article P-05. UNCTAD Series on International Investment Agreements II
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