Article 4.28 Scope, Application, and Opt-In

(a) (1) This Chapter applies to the resolution of disputes arising exclusively between private parties, whether natural or legal persons, and does not apply to disputes involving the Operator or any other body, authority, agency, instrumentality, or representative of the ICT acting in an official capacity.

(2) This Chapter applies only to private, civil, and commercial matters, including labour and employment matters. In particular, it does not apply to:
(a) administrative or regulatory disputes; or
(b) criminal matters, which remain subject exclusively to applicable criminal law and jurisdiction.

(c) (3) The provisions of this Chapter apply:

(a) to disputes that are sufficiently connected to the ICT, which shall be deemed to be the case where:

(i) all parties are residents of the ICT;
(ii) one party is a resident of the ICT and the dispute is more closely connected to the ICT than to any other single jurisdiction, having regard to the place of performance, subject matter, governing framework, or centre of gravity of the dispute; or
(iii) none of the parties is a resident of the ICT, but the dispute has its closest and most substantial connection to the ICT when assessed in light of all relevant circumstances; or

(b) on an opt-in basis, to disputes between parties who, by express agreement or unequivocal conduct, voluntarily submit their dispute to the judicial dispute resolution framework of the ICT, irrespective of whether such parties otherwise have any territorial, personal, or transactional nexus to the ICT.

(d) (4) Nothing in this Chapter shall prejudice the express choices of jurisdiction or dispute resolution made by the parties, whether positive or negative.

(e) (5) Acceptance of this Chapter shall be deemed to occur upon applicability under Articles 4.28.2 and 4.15.3, and shall be legally binding for the purposes of the relevant dispute.