A. DEMAND THAT THE DISPUTE BE REFERRED TO ARBITRATION

1. Pursuant to Article 1120(1)(c) of NAFTA and Article 3 of UNCITRAL, Claimant Apotex Inc. ("Apotex" or "Claimant") hereby demands that the dispute between it and the Respondent be referred to arbitration under the UNCITRAL Arbitration Rules.

2. Pursuant to Article 1119 of NAFTA, on or about March 2, 2009, Apotex served written notice on the Respondent of Apotex's intent to submit a claim to arbitration under Section B of Chapter Eleven ofNAFTA, which, accordingly, was more than ninety days before the submission of this claim. In a letter dated March. 13, 2009, Respondent confirmed receipt of this notice.

3. As detailed below, more than six months have passed since the events giving rise to Apotex's claim, and not more than three years have passed since the date on which Apotex first acquired or should have acquired knowledge of the Respondent's breach of the obligations set out in Section A of Chapter 11 of NAFT A and knowledge that Apotex inturred loss and damages by reason of or arising out of those breaches.