GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Settlement of International Investment Disputes Act — S-8.5 5
Capacity, privileges and immunities of the Centre 5 (1) The International Centre for Settlement of Investment Disputes established under the Convention has the capacity of a natural person and the privileges and immunities set out in articles 19, 20 and 23 and paragraph (1) of article 24 of the Convention. Privileges and immunities — individuals (2) A person referred to in article 21 or 22 or paragraph (3) of article 24 of the Convention has the privileges and immunities set out in that article or paragraph, as the case may be. Non-taxation of foreign nationals (3) A person referred to in paragraph (2) of article 24 of the Convention who is neither a Canadian citizen nor a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has the privileges and immunities set out in that paragraph. Certificate of Minister of Foreign Affairs (4) A certificate purporting to be issued by or under the authority of the Minister of Foreign Affairs and containing a statement of fact relevant to whether a person has privileges or immunities under this Act is to be received in evidence in any proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed it.
Settlement of International Investment Disputes Act — S-8.5 6
Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada.
Settlement of International Investment Disputes Act — S-8.5 7
Remedies 7 An award is not subject to a remedy except as set out in the Convention.
Settlement of International Investment Disputes Act — S-8.5 8
Jurisdiction of superior court 8 (1) A superior court may recognize and enforce an award. Recognition and enforcement of awards (2) The court shall on application recognize and enforce an award as if it were a final judgment of that court. Stay of enforcement (3) If the enforcement of an award is stayed under the Convention, the court shall on application stay the enforcement of the award.
Settlement of International Investment Disputes Act — S-8.5 9
Arbitration — exclusion of other remedies 9 Unless the parties to an arbitration agreement entered into under the Convention agree otherwise, a court or administrative tribunal (a) may not order interim measures for the preservation of a party’s rights or interests before the institution of or during arbitration proceedings; and (b) may not determine a matter that is covered by the agreement.
Settlement of International Investment Disputes Act — S-8.5 10
Conciliation — without prejudice 10 Unless the parties to conciliation proceedings under the Convention agree otherwise, a party may not use the following in any other proceedings, including proceedings before a court, administrative tribunal or arbitrator: (a) a view expressed or a statement, admission or offer of settlement made by the other party in the conciliation proceedings; or (b) the report or recommendations made by the conciliation commission established under article 29 of the Convention.
Settlement of International Investment Disputes Act — S-8.5 11
Designation of panels 11 The Governor in Council may, in accordance with articles 12 to 16 of the Convention, designate persons to the panel of conciliators and the panel of arbitrators.
Settlement of International Investment Disputes Act — S-8.5 Coming into force
Coming into force * 12 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force November 1, 2013, see SI/2013-115.]
Settlement of International Investment Disputes Act — S-8.5
Considering the need for international cooperation for economic development, and the role of private international investment therein;
Settlement of International Investment Disputes Act — S-8.5
Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States;
Settlement of International Investment Disputes Act — S-8.5
Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases;
Settlement of International Investment Disputes Act — S-8.5
Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire;
Settlement of International Investment Disputes Act — S-8.5
Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development;
Settlement of International Investment Disputes Act — S-8.5
Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and
Settlement of International Investment Disputes Act — S-8.5
Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration,
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre).
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention.
Settlement of International Investment Disputes Act — S-8.5
The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members.
Settlement of International Investment Disputes Act — S-8.5
The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a Panel of Arbitrators.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principal’s absence from a meeting or inability to act.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex officio its representative and its alternate respectively.
Settlement of International Investment Disputes Act — S-8.5
The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Without prejudice to the powers and functions vested in it by other provisions of this Convention, the Administrative Council shall: (a) adopt the administrative and financial regulations of the Centre; (b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings; (c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules); (d) approve arrangements with the Bank for the use of the Bank’s administrative facilities and services; (e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-General; (f) adopt the annual budget of revenues and expenditures of the Centre; (g) approve the annual report on the operation of the Centre. The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council.
Settlement of International Investment Disputes Act — S-8.5 (a)
(a) adopt the administrative and financial regulations of the Centre;
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings;
Settlement of International Investment Disputes Act — S-8.5 (c)
(c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules);
Settlement of International Investment Disputes Act — S-8.5 (d)
(d) approve arrangements with the Bank for the use of the Bank’s administrative facilities and services;
Settlement of International Investment Disputes Act — S-8.5 (e)
(e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-General;
Settlement of International Investment Disputes Act — S-8.5 (f)
(f) adopt the annual budget of revenues and expenditures of the Centre;
Settlement of International Investment Disputes Act — S-8.5 (g)
(g) approve the annual report on the operation of the Centre.
Settlement of International Investment Disputes Act — S-8.5
The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The Administrative Council may appoint such committees as it considers necessary.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) The Administrative Council shall also exercise such other powers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Each member of the Administrative Council shall have one vote and, except as otherwise herein provided, all matters before the Council shall be decided by a majority of the votes cast.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) A quorum for any meeting of the Administrative Council shall be a majority of its members.
Settlement of International Investment Disputes Act — S-8.5 (4)
(4) The Administrative Council may establish, by a majority of two-thirds of its members, a procedure whereby the Chairman may seek a vote of the Council without convening a meeting of the Council. The vote shall be considered valid only if the majority of the members of the Council cast their votes within the time limit fixed by the said procedure.
Settlement of International Investment Disputes Act — S-8.5
Members of the Administrative Council and the Chairman shall serve without remuneration from the Centre.
Settlement of International Investment Disputes Act — S-8.5
The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of two-thirds of its members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The offices of Secretary-General and Deputy Secretary-General shall be incompatible with the exercise of any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval of the Administrative Council.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) During the Secretary-General’s absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General.
Settlement of International Investment Disputes Act — S-8.5
The Secretary-General shall be the legal representative and the principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof.
Settlement of International Investment Disputes Act — S-8.5
The Panel of Conciliators and the Panel of Arbitrators shall each consist of qualified persons, designated as hereinafter provided, who are willing to serve thereon.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Each Contracting State may designate to each Panel four persons who may but need not be its nationals.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The Chairman may designate ten persons to each Panel. The persons so designated to a Panel shall each have a different nationality.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment. Competence in the field of law shall be of particular importance in the case of persons on the Panel of Arbitrators.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The Chairman, in designating persons to serve on the Panels, shall in addition pay due regard to the importance of assuring representation on the Panels of the principal legal systems of the world and of the main forms of economic activity.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Panel members shall serve for renewable periods of six years.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) In case of death or resignation of a member of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that member’s term.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) Panel members shall continue in office until their successors have been designated.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) If a person shall have been designated to serve on the same Panel by more than one Contracting State, or by one or more Contracting States and the Chairman, he shall be deemed to have been designated by the authority which first designated him or, if one such authority is the State of which he is a national, by that State.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) All designations shall be notified to the Secretary-General and shall take effect from the date on which the notification is received.
Settlement of International Investment Disputes Act — S-8.5
If the expenditure of the Centre cannot be met out of charges for the use of its facilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank in accordance with rules adopted by the Administrative Council.
Settlement of International Investment Disputes Act — S-8.5 (a)
The Centre shall have full international legal personality. The legal capacity of the Centre shall include the capacity: (a) to contract; (b) to acquire and dispose of movable and immovable property; (c) to institute legal proceedings.
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) to acquire and dispose of movable and immovable property;
Settlement of International Investment Disputes Act — S-8.5
To enable the Centre to fulfil its functions, it shall enjoy in the territories of each Contracting State the immunities and privileges set forth in this Section.
Settlement of International Investment Disputes Act — S-8.5
The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity.
Settlement of International Investment Disputes Act — S-8.5 (a)
The Chairman, the members of the Administrative Council, persons acting as conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat (a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity; (b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives, officials and employees of comparable rank of other Contracting States.
Settlement of International Investment Disputes Act — S-8.5 (a)
(a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity;
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives, officials and employees of comparable rank of other Contracting States.
Settlement of International Investment Disputes Act — S-8.5
The provisions of Article 21 shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The archives of the Centre shall be inviolable, wherever they may be.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organizations.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Centre, its assets, property and income, and its operations and transactions authorized by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Except in the case of local nationals, no tax shall be levied on or in respect of expense allowances paid by the Centre to the Chairman or members of the Administrative Council, or on or in respect of salaries, expense allowances or other emoluments paid by the Centre to officials or employees of the Secretariat.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) No tax shall be levied on or in respect of fees or expense allowances received by persons acting as conciliators, or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) National of another Contracting State means: (a) any natural person who had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to paragraph (3) of Article 28 or paragraph (3) of Article 36, but does not include any person who on either date also had the nationality of the Contracting State party to the dispute; and (b) any juridical person which had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality of the Contracting State party to the dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention.
Settlement of International Investment Disputes Act — S-8.5 (a)
(a) any natural person who had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to paragraph (3) of Article 28 or paragraph (3) of Article 36, but does not include any person who on either date also had the nationality of the Contracting State party to the dispute; and
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) any juridical person which had the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality of the Contracting State party to the dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) Consent by a constituent subdivision or agency of a Contracting State shall require the approval of that State unless that State notifies the Centre that no such approval is required.
Settlement of International Investment Disputes Act — S-8.5 (4)
(4) Any Contracting State may, at the time of ratification, acceptance or approval of this Convention or at any time thereafter, notify the Centre of the class or classes of disputes which it would or would not consider submitting to the jurisdiction of the Centre. The Secretary-General shall forthwith transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph (1).