Investor Presentaiton

141 interpretation of the Parties of any provision of this Agreement that is in issue in a dispute. The Parties shall submit in writing any joint decision declaring their interpretation to the Tribunal within 60 days of delivery of the request. 2. A joint decision issued under paragraph by the Parties declaring their interpretation of any provision of this Agreement shall be binding on the Tribunal, and any award must be consistent with that joint decision. If the Parties fail to issue such a decision within 60 days, the Tribunal shall decide the issue on its own account." The word "shall" indicates that the tribunal must refer the question to the contracting parties. 4. Intervention by non-disputing Party In addition to mechanisms enabling joint input on the correct interpretation of treaty provisions by IIA Parties, some IIAs allow for the possibility of unilateral intervention by a non-disputing contracting Party (i.e., a State party that is not a respondent in that particular dispute). The non-disputing State or States may thus make submissions to a tribunal regarding questions of interpretation of the treaty. For this mechanism to function, the non-disputing Party must thoroughly understand the context of the dispute and the issues it raises. Thus, the Canada-Peru FTA (2008), allowing for such an intervention, also entitles the non-disputing Party to receive the dispute-related documents as well as to attend the hearings: "Article 831: Documents 1. The non-disputing Party shall be entitled, at its cost, to receive from the disputing Party a copy of: UNCTAD Series on International Investment Agreements II

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