8. A claim that is submitted to arbitration shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention.
Article 1136: General
1. Time when a Claim is Submitted to Arbitration: A claim is submitted to arbitration under this Subchapter when:
(a) the notice of registration of the request to institute
arbitration proceedings has been dispatched by the
Secretary-General of ICSID in accordance with paragraph
3 of Article 36 of the ICSID Convention;
(b) the certificate of registration of the notice for
arbitration has been dispatched by the Secretary-
General of ICSID in accordance with Article 4 of
Schedule C of the Additional Facility Rules; or
(c) the notice of arbitration given under the UNCITRAL
Arbitration Rules is received by the disputing Party.
2. Receipts under Insurance or Guarantee Contracts: In an arbitration under this Subchapter, a Party shall not assert, as a defense, counterclaim, right of set off or otherwise, that the investor concerned has received or will receive, pursuant to an insurance or guarantee contract, indemnification or other compensation for all or part of its alleged damages.
Article 1137: Exclusions
1. Without prejudice to the applicability or non-applicability of the dispute settlement provisions of this Subchapter or of Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures) to other actions taken by a Party pursuant to Article 2102 (National Security), a decision by a Party to prohibit or restrict the acquisition of an investment in its territory by an investor of another Party, or its investment, pursuant to that Article shall not be subject to such provisions.
2. The dispute settlement provisions of this Subchapter and of Chapter Twenty shall not apply to the matters described in Annex 1137.2.