Article 1 Definitions
For purposes of this Treaty:
“central level of government” means:
“Centre” means the International Centre for Settlement of Investment Disputes (“ICSID”) established by the ICSID Convention.
“claimant” means an investor of a Party that is a party to an investment dispute with the other Party.
“covered investment” means, with respect to a Party, an investment in its territory of an investor of the other Party in existence as of the date of entry into force of this Treaty or established, acquired, or expanded thereafter.
“disputing parties” means the claimant and the respondent.
“disputing party” means either the claimant or the respondent.
“enterprise” means any entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including a (p. 378) corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organization; and a branch of an enterprise.
“enterprise of a Party” means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there.
“existing” means in effect on the date of entry into force of this Treaty.
“freely usable currency” means “freely usable currency” as determined by the International Monetary Fund under its Articles of Agreement.
“GATS” means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement.
“government procurement” means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale, or use in the production or supply of goods or services for commercial sale or resale.
“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.
“ICSID Convention” means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, done at Washington, March 18, 1965.
[“Inter-American Convention” means the Inter-American Convention on International Commercial Arbitration, done at Panama, January 30, 1975.]
“investment” means every asset that an investor owns or controls, directly or indirectly, that has the characteristics of an investment, including such characteristics as the commitment of capital or other resources, the expectation of gain or profit, or the assumption of risk. Forms that an investment may take include:
(p. 379) “investment agreement” means a written agreement4 between a national authority5 of a Party and a covered investment or an investor of the other Party, on which the covered investment or the investor relies in establishing or acquiring a covered investment other than the written agreement itself, that grants rights to the covered investment or investor:
“investment authorization”6 means an authorization that the foreign investment authority of a Party grants to a covered investment or an investor of the other Party.
“investor of a non-Party” means, with respect to a Party, an investor that attempts to make, is making, or has made an investment in the territory of that Party, that is not an investor of either Party.
“investor of a Party” means a Party or state enterprise thereof, or a national or an enterprise of a Party, that attempts to make, is making, or has made an investment in the territory of the other Party; provided, however, that a natural person who is a dual national shall be deemed to be exclusively a national of the State of his or her dominant and effective nationality.
“measure” includes any law, regulation, procedure, requirement, or practice.
“New York Convention” means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958.
“non-disputing Party” means the Party that is not a party to an investment dispute.
“person” means a natural person or an enterprise.
“person of a Party” means a national or an enterprise of a Party.
“protected information” means confidential business information or information that is privileged or otherwise protected from disclosure under a Party’s law.
“regional level of government” means:
(p. 380) “respondent” means the Party that is a party to an investment dispute.
“Secretary-General” means the Secretary-General of ICSID.
“state enterprise” means an enterprise owned, or controlled through ownership interests, by a Party.
“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement.7
“UNCITRAL Arbitration Rules” means the arbitration rules of the United Nations Commission on International Trade Law.
“WTO Agreement” means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994.