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The Procedures For Ensuring The Representation Of International Investment Disputes In

Original Language Title: Pārstāvības nodrošināšanas kārtība starptautisko ieguldījumu strīdu izskatīšanā

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Cabinet of Ministers Regulations No. 228 in 2017 3 may (pr. No 22 1) Representation arrangements for ensuring international investment disputes in accordance with the law "On international treaties of the Republic of Latvia" article 12 the third paragraph

1. determine the order in which ensure interests of Latvia (hereinafter representation) international investment disputes, as well as cooperation between the bodies involved in the dispute, decision-making and information. 2. Representation in international investment disputes (dispute) provides the State Chancellery, in cooperation with the institutions involved in the dispute, other authorities competent for matters relating to the dispute in question, as well as attracting external experts, if necessary for the representation. 3. in implementing the representation, public registry, on the basis of the institutions involved in the dispute and other responsible institutions, as well as the information provided pursuant to the international arbitration rules governing international arbitration awards and adopted the international treaty on investment promotion and protection in certain procedural conditions and deadlines prescribed in the laws and prepare the necessary documents and take appropriate actions in accordance with the Prime Minister and Cabinet decisions. 4. If the application for a potential dispute, State Chancellery of the Prime Minister submitted the initial evaluation of the application and proposals for further action (if, on the basis of the initial assessment of the application, there is a risk of potential pirmšķietam dispute). The initial assessment of the application shall include at least the following information: 4.1 potential substance of the dispute; 4.2. (pirmšķietam) initial eligibility assessment application; 4.3. proposals for further action; 4.4. the proposals on the need to develop national or State of the original position of the home; 4.5. the proposals on the need to create a working group to evaluate the application and state the original position or State of the preparation of the basic heading. 5. the initial position of the country is prepared, if the receipt of the application and the initial position is not at the time of preparation of the proposed international arbitration under the international arbitration rules. The original position of the country include the following: 5.1 the potential dispute the nature and justification of the application; 5.2. analysis of the position of the applicant; 5.3. possible national action scenarios and their feasibility analysis; 5.4. other information related to potential international investment dispute. 6. prepare basic country if the international arbitration rules is proposed to international arbitration. In addition to this basic State regulations 5.1, 5.2 and 5.3 above specified include the following information: 6.1 representation strategy; 6.2. other information related to the dispute to international arbitration. 7. the initial position of the country and the basic information shall be prepared in the form of a report, accompanied by the Cabinet sitting on protokollēmum further action, and shall be submitted to the Cabinet. 8. If the Prime Minister or the Prime Minister has asked the Cabinet to set up a working group to evaluate the application and state the original position or State of development, the basic national registry sends an invitation to the relevant authorities within the specified delegate representative to participate in the working group. The delegated authority in the area of dispute, the competent representative. 9. the composition of the working groups, tasks, deadlines, as well as, if necessary, other issues related to the work of the Working Group, with the order determined by the Director of the State Chancellery. 10. the Working Group shall be chaired by the country and the initial position and the development of a basic national submission to the Cabinet of Ministers ensures the representative of the State Chancellery. 11. The parties to the dispute and other authorities under the competence of the State Chancellery or working groups (if any) prescribed period give their views, ratings, and other information necessary for the representation. The information the applicant is responsible for the accuracy of the information and compliance. 12. After the final ruling of the International Court of arbitration of the receipt of the State Chancellery shall prepare and submit to the Minister in the Cabinet of the informative report on the assessment of the judgment of the International Court of arbitration and proposals for further action. 13. the national registry as appropriate, but not less frequently than once a year inform the Prime Minister and Cabinet about the progress of the dispute. 14. Public Communications concerning representation disputes provides the State Chancellery or another Cabinet established institution. 15. the State Chancellery shall publish in its tīmekļvietn the following information on proposed international arbitration proceedings against the State, which is defined on the composition of the arbitral tribunal, if the applicable international treaty on investment promotion and protection, international arbitration rules or the parties involved in the dispute agreed otherwise requires: 15.1 things; 15.2. the date of receipt of the notification of the international arbitration proceedings; 15.3. the applicant's name and the country of origin; 15.4. the international agreement on the promotion and protection of investments, which is based on the dispute; 15.5. the applicable provisions of the International Tribunal; 15.6. the institution which will examine the dispute (if one is specified); 15.7. the investment industry; 15.8. the required satisfaction or reward (if specified); 15.9. the composition of the International Court of arbitration (if applicable). 16. the State Chancellery may also publish other rules are not referred to in point 15 of the information related to the dispute, if it is permissible in accordance with applicable international agreements on investment promotion and protection, international arbitration rules, international arbitration awards and the agreement of the parties involved in the dispute. 17. Be declared unenforceable Cabinet 5 March 2004 order No. 146 "about the concept Of" national interest, the establishment of a mechanism of representative in connection with the litigation process "(Latvian journal, 2004, no. 37). Prime Minister Māris kučinskis Deputy Prime Minister, Minister of economy of Ašeraden of Arvil