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Section 37, The National Investment Board Act, 2022

Status not yet checkedThe National Investment Board Act, 2022, Sierra Leone

(1) Where a dispute arises between an investor and the Board in respect of the investor's registered business enterprise , all efforts shall be made to settle the dispute through negotiations for an amicable settlement . (2) Where the parties are unable to reach an amicable settlement through negotiation, they shall proceed to the courts in Sierra Leone for adjudication (3) A party to a dispute shall not take the dispute out of the Sierra Leone jurisdiction unless it has been adjudicated by a competent court within the jurisdiction (4) A dispute not settled through the processes outlined under subsections (1) and (2) may be submitted to arbitration in accordance with the following methods as may be mutually agreed by both parties- (a) procedures for arbitration provided under the law relating to arbitration ; (b) rules of procedure for arbitration of the International Centre for the Settlement of Investment Disputes; (c) within the framework of any bilateral or multilateral agreement or investment protection to which the Government and the country the investor is from are parties to the agreement (5) The investment approval granted to the investor may specify the mode of arbitration to be resorted to in the case of a dispute relating to the business enterprise and the specification shall constitute the consent of the Board or respective agents and the Investor to submit to the mode and forum of arbitration (6) Where the parties to a dispute do not agree on the mode or forum of arbitration, the aggrieved party - (a) whose property is compulsorily acquired , (b) who is not satisfied with the amount of compensation payable or (c) who is not satisfied with any other matter relating to the business interest may apply to the High Court for the determination of any of the following - (i) his interest or right; (ii) the legality of the compulsory acquisition (iii) the amount of compensation he is entitled to and the prompt payment of that compensation (iv) any other matter in dispute relating to the business enterprise. PART VI-FINANCIAL PROVISIONS

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