(a) Subject only to subparagraphs (b) and (c), each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration or conciliation in accordance with the provisions of this Article.
(b) (i) The Contracting Parties listed in Annex ID do not give such unconditional consent where the Investor has previously submitted the dispute under subparagraph (2)(a) or (b). (ii) For the sake of transparency, each Contracting Party that is listed in Annex ID shall provide a written statement of its policies, practices and conditions in this regard to the Secretariat no later than the date of the deposit of its instrument of ratification, acceptance or approval in accordance with Article 39 or the deposit of its instrument of accession in accordance with Article 41.
(c) A Contracting Party listed in Annex IA does not give such unconditional consent with respect to a dispute arising under the last sentence of Article 10(1).
Partial Award on Jurisdiction and Liability, 2 September 2009, paragraph 123
Award, 21 January 2016, paragraph 400
Award, 2 September 2011, paragraphs 539-547
Excerpts of Award, 22 June 2010, Paragraphs 187; 193-194
Decision on Jurisdiction, 8 February 2005, paragraphs 130-141
Decision on the Achmea Issue, 31 August 2018, paragraphs 185