Report No. 260
(ii) Suggested draft:
Article 14.10(ii) Subject to Article 14.11, a tribunal can only award monetary compensation for a breach of the obligations under Chapter II of the Treaty. In awarding any compensation under this Treaty, a tribunal constituted under this Article shall take into account any breach of the obligations contained in Articles 9, 10, 11 and 12 of Chapter III of this Treaty by the Investor and its Investment, only in instances where a counterclaim has been raised for the purposes of Article 14.11.