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Report No. 260

(ii) Suggested draft:

14.3(v). The Parties agree that the requirements under this Article regarding exhaustion of domestic remedies, providing a proper Notice of Dispute, and the use of best efforts to resolve the dispute amicably are mandatory and conditions precedent to the submission of the dispute to arbitration. Non-compliance with any subparagraph of Article 14.3 bars the Disputing Investor from taking subsequent steps to pursue arbitration under Article 14. Non-compliance with these requirements would constitute a jurisdictional bar, precluding any Tribunal setup in pursuance to this Treaty from exercising jurisdiction over the claim.



Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty Back




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