If an investment dispute has not been resolved within 180 days of the receipt by a disputing Member State of a request for consultations, the disputing investor may, subject to this Section, submit to arbitration a claim:

(a) that the disputing Member State has breached an obligation arising under Articles 5 (National Treatment), 6 (Most-Favoured-Nation Treatment), 8 (Senior Management and Board of Directors), 11 (Treatment of Investment), 12(Compensation in Cases of Strife), 13 (Transfers) and 14 (Expropriation and Compensation)
relating to the management, conduct, operation or sale or other disposition of a covered investment; and

(b) that the disputing investor in relation to its covered investment has incurred loss or damage by reason of or arising out of that breach.