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Subchapter B - SETTLEMENT OF DISPUTES BETWEEN A PARTY AND
AN INVESTOR OF ANOTHER PARTY
Article 1115: Purpose
This Subchapter establishes a mechanism for the settlement of investment disputes that assures both equal treatment among investors of the Parties in accordance with the principle of international reciprocity and due process before an impartial tribunal.
Article 1116: Claim by an Investor of a Party on Behalf of
Itself
1. An investor of a Party may submit to arbitration under this Subchapter a claim that another Party has breached:
(a) a provision of Subchapter A; or
(b) Article 1502(3)(a) (Monopolies and State Enterprises) or Article 1503(2) (State Enterprises) where the alleged breach pertains to the obligations of Subchapter A,
and that the investor has incurred loss or damage by reason of, or arising out of, that breach.
2. An investor may not make a claim if more than three years have elapsed from the date on which the investor first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage.