A. DEMAND THAT THE DISPUTE BE REFERRED TO ARBITRATION
1. Pursuant to Article 3 of the Arbitration Rules of the United Nations Commission on International Trade Law (the “UNCITRAL Rules”) and Articles 1116, 1117 and 1120 of the North American Free Trade Agreement (the “NAFTA”), the Claimant, Windstream Energy LLC (“Claimant” or “Windstream”), on its own behalf and on behalf of its enterprise Windstream Wolfe Island Shoals Inc. (“WWIS”), hereby demands and commences arbitration against the Respondent, the Government of Canada.
2. Pursuant to Article 1119 of the NAFTA, the Claimant delivered a Notice of Intent to Submit a Claim to Arbitration to Canada on October 17, 2012, more than 90 days prior to the submission of this claim.
3. Pursuant to Article 1121 of the NAFTA, the Claimant and WWIS consent to arbitration in accordance with the procedures set out in the NAFTA and waive their rights to initiate or continue before any administrative tribunal or any court, or any other dispute settlement procedures, any proceedings with respect to the measures outlined herein, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving payment of damages, before an administrative tribunal or court under the laws of Canada. The executed consent and waiver of the Claimant and WWIS are attached to this Notice of Arbitration as Annex A.