1. If a dispute has not been resolved through consultations, a claim may be submitted under this Section by:  
(a) an investor of a Party on its own behalf; or
(b) an investor of a Party, on behalf of a locally established enterprise which it owns or controls directly or indirectly.

2. A claim may be submitted under the following rules: 

(a) the ICSID Convention and Rules of Procedure for Arbitration Proceedings;
(b) the ICSID Additional Facility Rules if the conditions for proceedings pursuant to paragraph (a) do not apply;
(c) the UNCITRAL Arbitration Rules; or
(d) any other rules on agreement of the disputing parties.

3. In the event that the investor proposes rules pursuant to subparagraph 2(d), the respondent shall reply to the investor’s proposal within 20 days of receipt. If the disputing parties have not agreed on such rules within 30 days of receipt, the investor may submit a claim under the rules provided for in subparagraph 2(a), (b) or (c). 

4. For greater certainty, a claim submitted under subparagraph 1(b) shall satisfy the requirements of Article 25(1) of the ICSID Convention.

5. The investor may, when submitting its claim, propose that a sole Member of the Tribunal should hear the claim. The respondent shall give sympathetic consideration to that request, in particular if the investor is a small or medium-sized enterprise or the compensation or damages claimed are relatively low. 

6. The rules applicable under paragraph 2 that are in effect on the date that the claim or claims are submitted to  the Tribunal under this Section, subject to the specific rules set out in this Section and supplemented by rules adopted pursuant to Article 8.44.3(b). 

7. A claim is submitted for dispute settlement under this Section when:  

(a) the request under Article 36(1) of the ICSID Convention is received by the Secretary-General of ICSID;
(b) the request under Article 2 of Schedule C of the ICSID Additional Facility Rules is received by the Secretariat of ICSID;
(c) the notice under Article 3 of the UNCITRAL Arbitration Rules is received by the respondent; or
(d) the request or notice initiating proceedings is received by the respondent in accordance with the rules agreed upon pursuant to subparagraph 2(d).

8. Each Party shall notify the other Party of the place of delivery of notices and other documents by the investors pursuant to this Section. Each Party shall ensure this information is made publicly available.