Notice of Intent to Submit a Claim to Arbitration Under Chapter
NOTICE OF INTENT TO SUBMIT A CLAIM TO ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT ABITIBIBOWATER INC., Investor, v. GOVERNMENT OF CANADA, Party. Pursuant to Articles 1116, 1117, and 1119 of the North American Free Trade Agreement ("NAFTA"), the disputing Investor, AbitibiBowater Inc. (hereinafter "AbitibiBowater" or "the Company"), hereby respectfully serves a Notice ofIntent to Submit a Claim to Arbitration for breach by the Government of Canada (hereinafter "Canada"), through the actions of the provincial Government of Newfoundland and Labrador, of its obligations under Chapter Eleven ofNAFTA. AbitibiBowater also hereby requests Canada and the Government of Newfoundland and Labrador to begin formal consultations and negotiations, as contemplated by NAFTA Article 1118, in an effort to amicabiy resoive this dispute. Such consultations would be in accordance with the Company's proactive outreach to form a joint working group to address and resolve all issues related to its assets and rights in the Province of Newfoundland and Labrador. I. TYPE OF CLAIM 1. AbitibiBowater submits this Notice of Intent both under NAFTA Article 1116 as an investor on its own behalf, and under NAFTA Article 1117 on behalf of three investment enterprises that it owns or controls directly or indirectly: Abitibi-Consolidated Company of Canada, Abitibi-Consolidated Inc. and AbitibiBowater Canada Inc. (hereinafter collectively the "AbitibiBowater Canadian Entities"). II. DISPUTING INVESTOR 2. The disputing investor, AbitibiBowater Inc., is incorporated in the State of Delaware, United States of America, and thus is an enterprise of a Party (the United States) pursuant to NAFTA Article 1139. Its registered address is as follows: 1209 Orange Street Wilmington, Delaware 19801 United States of America Phone: 302-658-7581 Fax: 302-655-2480 III.
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