9
-9-
(ii) to the Additional Facility of the Centre. if the Centre is net available; or (iii) in accordance with the UNCITRAL Arbitration Rules; or (iv) if agreed by both parties to the dispute, to any other arbitration institution' or in accordance with any other arbitration rules.
(b) a national or company, notwithstanding that it may have submitted a dispute to binding arbitration under paragraph 3(a), may seek interim injunctive relief, not involving the payment of damages, before the judicial or administrative tribunals of the Party that is a party to the dispute, prior to the institution of the arbitral proceeding or during the proceeding, for the preservation of its rights and interests. 4. Each Party hereby consents to the submission of any investment dispute for settlement binding arbitration in accordance with'the choice of the or company under paragraph 3(a) (i), (ii), and (iii) or the mutual agreement of both parties to the dispute under parag!aph 3(a)(iv). This consent and the submission of the dispute by a national or company under paragraph 3(a) shall satisfy the requirement of: (d) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the Additional Facility Rules for written consent of the parties to the dispute; and (b) Article II of the united Nations Convention on the P.ecognition and Enforcement of Foreign Arbitral Awards, done at New York, June la, 1958, for an "agreement in writing". 5. Any arbitration under paragraph 3(a)(ii), (iii) or (iv) shall be held in a state that is a party to the united Nations Convention on the P.ecognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958. 6. Any arbitral award rendered pursuant to this Article shall be final and binding on the parties to the dispute. Each Party shall carry out without delay the provisions of any such award and provide in its territory for the enforcement of such award. Party shall not assert, as a defense, counterclaim, right of set-off or for any other reason, that indemnification or other compensation for all or part of the alleged damages has been received or will be received pursuant to an insurance or guarantee contract. 7. In any proceeding involving an investment dispute, a
VerDate 11-MAY-2000 10:13 May 25, 2000 Jkt 079118 PO 00000 Frm 00025 Fmt 6633 Sfmt 6633 E:\HR\OC\TD027.XXX pfrm08 PsN: TD027
Powered by FlippingBook