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ดุลพาห

“(a) the Convention on the Settlement of Investment
Disputes between States and Nationals of Other States

of 18 March 1965 (ICSID);

(b) the Convention on the Settlement of Investment

Disputes between States and Nationals of Other
States of 18 March 1965 (ICSID) in accordance with the

Additional Facility for the Administration of Proceedings
by the Secretariat of the Centre, where the conditions

for proceedings pursuant to paragraph (a) do not apply;

(c) the arbitration rules of the United Nations
Commission on International Trade Law (UNCITRAL); or,

(d) any other rules agreed by the disputing parties
at the request of the claimant. The respondent shall

be deemed to have agreed as the rules proposed by
the claimant when making the claim unless it objects,

in writing, within twenty days of the submission of the
dispute, in which case the claimant may submit a claim

under one of the set of rules provided for in paragraphs
(a), (b) or (c).”
84

84. Article 7(2) of the EU-Vietnam FTA (the last paragraph stating “paragraphs (a), (b) and
(c).”); Article 6(2) of section 3 of the TTIP. Note that Article 8.23(2) of the CETA is
worded slightly differently:
“A claim may be submitted under the following rules:
(a) the ICSID Convention and Rules of Procedure for Arbitration Proceedings;
(b) the ICSID Additional Facility Rules if the conditions for proceedings pursuant to
paragraph (a) do not apply;
(c) the UNCITRAL Arbitration Rules; or
(d) any other rules on agreement of the disputing parties.”

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