Investor Presentaiton
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3. Notifying the host State of the dispute
The IIAS which suggest amicable settlement within six months
from the date the dispute arises often do not specify how or when
the respondent State should be notified of the existence of a dispute.
Other treaties, however, impose a specific requirement of written
notification of the dispute. Some of these IIAs do not mention what
such a written notification should contain, 42 while others, such as the
Mexico-Singapore BIT (2009), include specific requirements in this
regard:
"With a view to settling the claim amicably, the disputing
investor shall deliver to the disputing Contracting Party
written notice of its intention to submit a claim to arbitration
at least six months before the claim is submitted under
Article 11. Such notice shall specify:
(a) the name and address of the disputing investor [...];
(b) the provisions of Chapter II alleged to have been
breached;
(c) the factual and legal basis of the claim;
(d) the kind of investment involved pursuant to the definition
set out in Article 1; and
(e) the relief sought and the approximate amount of damages
claimed." (Article 10(2), emphasis added).
Requiring that investors file a notice of dispute or a notice of
intent to submit a claim to arbitration is a useful procedural
mechanism. It signals the intention of the investor prior to the
formal commencement of a claim, which enables the State to begin
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See, for example, Belgium/Luxembourg-Tajikistan BIT (2009), Article
12(1); Ethiopia-United Kingdom BIT (2009), Article 8(1).
UNCTAD Series on International Investment Agreements IIView entire presentation