ASEAN Comprehensive Investment Agreement
SECTION B
Investment Dispute Between an Investor and a Member State
-
Article 28 - Definitions
For the purpose of this Section:
(a) “Appointing Authority” means:
(i) in the case of arbitration under Article 33(1)(b) or (c), the Secretary-General of ICSID;
(ii) in the case of arbitration under Article 33(1)(d), the Secretary-General of the Permanent Court of Arbitration; or
(iii) in the case of arbitration under Article 33(1)(e) and (f), the Secretary-General, or a person holding equivalent position, of that arbitration centre or institution;
(b) “disputing investor” means an investor of a Member State that makes a claim on its own behalf under this Section, and where relevant, includes an investor of a Member State that makes a claim on behalf of a juridical person of the other Member State that the investor owns or controls;
(c) “disputing Member State” means a Member State against which a claim is made under this Section;
(d) “disputing parties” means a disputing investor and a disputing Member State;
(e) “ICSID” means the International Centre for Settlement of Investment Disputes;
(f) “ICSID Additional Facility Rules” means the Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes;
(g) “ICSID Convention” means the Convention on the Settlement of Investment Disputes between States and National of other States, done at Washington, D.C., United States of America on 18 March 1965;
(h) “New York Convention” means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, United States of America on 10 June 1958;
(i) “non-disputing Member State” means the Member State of the disputing investor; and
(j) “UNCITRAL Arbitration Rules” means the arbitration rules of the United Nations Commission on International Trade Law, approved by the United Nations General
Assembly on 15 December 1976.
-
ACIA MENU
-
- Site Map
- Terms & Abbreviations