b) Opportunities for strategic alliances between investors of the Parties through research and collection of interests and partnership opportunities; and
c) Investment opportunities in specific economic sectors which are of interest to the parties and to their investors, according to the application is made by any of the Parties.
3. The Parties shall keep each other informed and updated on:
a) Investment opportunities referred to in paragraph 2, including the dissemination of financial instruments available to contribute to the expansion of the investment in the territory of the Parties;
b) The laws, regulations or measures which directly or indirectly affect foreign investment including exchange rate regimes and of a fiscal nature; and
c) The conduct of foreign investment in their respective territories.
Article 16-16. Double Taxation
The parties for the purpose of promoting investment within their respective territories, through the removal of obstacles to fiscal nature and surveillance in tax compliance through the exchange of tax information, shall enter into negotiations for the conclusion of agreements to avoid double taxation, in accordance with the timetable established between the competent authorities of the Parties.
Section B. Settlement of Disputes between a Party and an Investor of the other Party
Article 16-17. Objective
This section provides a mechanism for the settlement of disputes of a legal nature on investment, which may arise as a result of the breach of an obligation under section A arising between an investor and a party of the other party from the date of entry into force of this Treaty relating to events thereafter, and ensuring the equal treatment between investors of the Parties in accordance with the principle of international reciprocity, as the proper performance of the security and defence within a legal proceedings before an impartial tribunal.
Article 16-18. Claim by an Investor of a Party, on Its Own Account or on Behalf of an Enterprise
1. In accordance with this section, the investor of a Party may, on their own account or on behalf of an enterprise of the other Party that is a juridical person that is owned or controlled, directly or indirectly, to submit a claim which arbitration founded on the other party or a state enterprise of that party has breached an obligation under section A, if the investor or its investment has suffered losses or damages under the violation or as a result of it.
2. An investor may not make a claim under this section if more than three years have elapsed from the date on which it had knowledge or should have had knowledge of the alleged breach and the loss or damage.
3. Where an investor submits a claim on behalf of an enterprise that is a juridical person that is owned or controlled, directly or indirectly, and in parallel an investor that does not have control of an undertaking to submit a claim for own account as a result of the same acts, or two or more claims submitted to arbitration under the same measure adopted by a Party, a court of cumulation shall jointly such claims unless the Tribunal finds that the interests of a party litigants.
4. An investment may not submit a claim to arbitration under this section.
Article 16-19. Dispute Settlement Through Consultation and Negotiation
The parties to the conflict first attempt to resolve the dispute through consultation and negotiation.
Article 16-20. Notice of Intent to Submit a Claim to Arbitration
The Investor combatant shall notify in writing the opposing side of its intention to submit a claim to arbitration at least 90 days prior to submitting the claim. the notice shall specify:
a) The name and address of the investor combatant and, where the application is made on behalf of an enterprise), the name and address of the enterprise;
b) The provisions of this Agreement alleged to have been breached and any other relevant provisions;
c) The factual basis for the claim; and
d) The relief sought and the approximate amount of damages claimed.
Article 16-21. Submission of a Claim to Arbitration
1. Provided that six months have elapsed since the measures giving rise to the claim, an investor litigants may submit the claim to arbitration under:
a) The ICSID Convention provided that both the opposing side as the party of the investor are parties to the Convention;
b) The ICSID Additional Facility Rules, when the opposing side or the party of the investor, but not both, are parties to the ICSID Convention; or
c) The UNCITRAL Arbitration Rules.
2. Where an enterprise of a Party that is a juridical person owned by an investor of the other party or directly or indirectly controls alleges in proceedings before a judicial or administrative tribunal, which allegedly the other party has breached an obligation under section A, or investors of enterprise may not allege that the alleged breach in an arbitration under section B.
3. Except as provided for in article 16-27 and provided that both the opposing side as part of the Challenger investor are parties to the ICSID Convention; any dispute between the same shall be submitted under subparagraph (a) of paragraph 1.
4. The rules chosen for an arbitration established under this Chapter shall be applicable to the same except to the extent modified by this section.
Article 16-22. Conditions Precedent to Submission of a Claim to Arbitration
1. An investor combatant self-employment and an investor on behalf of an enterprise) may submit a claim to arbitration under this section only if:
a) In the case of the investor, self-employed consents to arbitration in accordance with the procedures set out in this section;
b) In the case of the investor on behalf of an enterprise, both the investor and the enterprise consent to arbitration in accordance with the procedures set out in this section; and
c) Both the investor as a company of the other party, waive their right to initiate proceedings before any court or administrative tribunal of either party, with respect to the alleged measure to be a breach of the provisions of this chapter, except that are exhausted administrative remedies before the authorities responsible for implementing the measure alleged to be a breach under the legislation of the opposing side.
2. The consent and waiver required by this article would result in writing, shall be delivered to the opposing side and included in the submission of a claim to arbitration.
Article 16-23. Consent to Arbitration
1. Each party consents to submit a claim to arbitration in accordance with the procedures and requirements set out in this section.
2. The submission of a claim to arbitration by an investor combatant shall comply with the requirements set out in:
a) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the Parties;
b) Article II of the New York Convention for an agreement in writing; and
c) Article I of the Inter-American Convention, which requires an agreement.
Article 16-24. Number of Arbitrators and Method of Appointment
Except as provided for in article 16-27, and without prejudice to the warring parties agree otherwise, the Tribunal shall be composed of three arbitrators. each Party shall appoint an arbitrator litigants; the third arbitrator who shall be the Chair of the arbitral tribunal shall be appointed by mutual agreement of the Parties to the conflict, but shall not be a national of any party.
Article 16-25. Integration of the Tribunal In the Event That a Disputing Party Fails to Appoint an Arbitrator or Fails to Reach an Agreement on the Appointment of the Tribunal's President
1. The Secretary-General shall appoint the arbitrator in the arbitration proceedings under this section.
2. Where a tribunal, which is not established in accordance with article 16-27, not be integrated within a period of 90 days from the date that the claim is submitted to arbitration, the Secretary General at the request of any of the Parties, at its discretion, shall appoint the arbitrator or arbitrators not yet appointed, but not to the Chairman of the Tribunal who shall be appointed pursuant to paragraph 3.
3. The Secretary-General shall appoint the presiding arbitrator from the roster referred to in paragraph 4, ensuring that the President of the Court is not a national of the opposing side or a national of the Party of the investor litigants. in the event that is not available in the list an arbitrator as Chairman of the Tribunal, the Secretary-General shall be appointed from the ICSID panel of arbitrators to the President of the Court, wherever nationality different from the opposing side or the party of the investor litigants.
4. From the date of Entry into Force of this Treaty, the Parties shall establish and maintain a list of five possible as presiding arbitrator of the Tribunal who possess the qualities established under the ICSID Convention and the rules referred to in article 16-21 and with experience in International Law and investment matters. roster members shall be appointed by consensus regardless of nationality.
Article 16-26. Agreement to Appointment of Arbitrators
For purposes of article 39 of the ICSID Convention and article 7 of part C of the ICSID Additional Facility Rules, and without prejudice to an objection to an arbitrator pursuant to paragraph 3 of Article 16-25 or on the basis of nationality:
a) The opposing side agrees to the appointment of each individual member of a tribunal established under the ICSID Convention or the ICSID Additional Facility Rules; and
b) An investor litigants, either on its own behalf or on behalf of an enterprise) may submit a claim to arbitration or continue the procedure under the ICSID Convention or the ICSID Additional Facility Rules only if the investor combatant and, where appropriate, the enterprise to express their consent in writing to the appointment of each member of the Tribunal.
Article 16-27. Consolidation of Proceedings
1. A tribunal established under this article cumulation will be in accordance with the UNCITRAL Arbitration Rules and shall conduct as laid down in these rules, except as provided in this section.
2. Where a tribunal of cumulation determines that claims submitted to arbitration under article 16-22 raise issues of fact and law together, the Tribunal cumulation, in the interest of fair and efficient resolution, and having listened warring parties may assume jurisdiction, processing and resolve:
a) All or part of the claims; jointly; or
b) One or more of the claims on the basis of which would contribute to the resolution of the others.
3. A Party intending to determine the litigant cumulation under paragraph 2 shall request the Secretary-General to establish a tribunal of cumulation and in the request shall specify:
a) The name and address of the opposing parties against which seeks to obtain the agreement of cumulation;
b) The nature of the cumulation requested; and
c) The rationale underlying the request.
4. Within 60 days of the date of the request, the Secretary-General shall establish a tribunal composed of three arbitrators cumulation. the Secretary-General shall appoint the list of arbitrators referred to in paragraph 4 of Article 16-25, the President of the Court of cumulation, who shall not be a national of the opposing side or a national of the Party of the investor litigants. in the event that is not available in the list an arbitrator available to chair the cumulation Tribunal, the Secretary-General shall be appointed from the ICSID panel of arbitrators, the Chairman of the Tribunal who shall not be a national of the opposing side or a national of the Party of the investor litigants. the Secretary-General shall appoint the other two members of the Court of cumulation of the list referred to in paragraph 4 of Article 16-25 and, where not available in that list, shall select the Panel of Arbitrators of the ICSID; not having availability in that Panel of Arbitrators, the Secretary-General shall make the appointment at its discretion missing. one member shall be a national of the opposing side and the accumulation of another member of the Tribunal shall be a national of a party of the disputants investors.
5. Where a tribunal has been established for cumulation litigants, the investor who has submitted a claim to arbitration) and that has not been named in a request for cumulation made under paragraph 3 may submit a written request to the Tribunal that it be included cumulation at the request of cumulation made under paragraph 2. and in the request shall specify:
a) The name and address of the investor combatant and, where appropriate, the name and address of the enterprise;
b) The nature of the cumulation requested; and
c) The reasons for the request.
6. The cumulation provided for by the investor concerned, to request a copy of the cumulation of fighting against investors who seeks to obtain the agreement of cumulation.
7. A tribunal established under article 16-21 shall not have jurisdiction to decide a claim or part thereof, in respect of which it has assumed jurisdiction a court of cumulation.
8. At the request of a party, a litigant cumulation tribunal may, pending its decision under paragraph 2, provided that the proceedings of a tribunal established under article 16-21 be suspended until it is resolved on cumulation of origin.
Article 16-28. Notification to the Secretariat
1. A Party shall deliver to the Secretariat litigants within 15 days of receipt by the opposing side:
a) A request for arbitration made under paragraph 1 of Article 36 of the ICSID Convention;
b) A notice of arbitration under article 2 of part C of the ICSID Additional Facility Rules; or
c) A notice of arbitration in accordance with the UNCITRAL Arbitration Rules.
2. A Party combatant shall deliver to the Secretariat a copy of a request made under paragraph 3 of Article 16-27:
a) Within 15 days from the receipt of the request, in the case of a request made by the investor combatant; or
b) Within 15 days of the date of the request, in the case of a request made by the opposing side.
3. A Party combatant shall deliver to the Secretariat a copy of a request made under paragraph 6 of Article 16-27 within 15 days of the date of receipt of the request.
4. The secretariat shall maintain a public register of the documents referred to in this article.
Article 16-29. Notification to the other Party
The opposing side shall deliver to the other party:
a) Written notice of a claim that has been submitted to arbitration no later than 30 days after the date of submission of a claim to arbitration; and
b) Copies of all communications submitted to the arbitration.
Article 16-30. Participation of a Party
Upon written notice to the parties to the conflict, a Party may make submissions to a tribunal established under this section on a question of interpretation of this Treaty.
Article 16-31. Documentation
1. A Party shall, at its own expense, entitled to receive a copy of the opposing side:
a) The evidence provided to any tribunal established pursuant to this section; and
b) Written submissions by the parties to the conflict.
2. A Party receiving information pursuant to paragraph 1 shall treat the information as if it were a party litigants.
Article 16-32. Seat of Arbitration
The place of arbitration shall be located in the territory of the opposing side, unless the parties agree otherwise, where a tribunal established under this section shall conduct the arbitration proceedings in the territory of a Party that is a party to the New York Convention, which shall be elected in accordance with:
a) The ICSID Additional Facility Rules if the arbitration rules or those is under the ICSID Convention; or
b) The UNCITRAL Arbitration Rules if the arbitration is under those rules.
Article 16-33. Applicable Law
1. Any tribunal established under this section shall decide the dispute to be submitted to it in accordance with this Treaty and applicable rules of international law.
2. An interpretation by the commission of a provision of this Treaty shall be binding on a tribunal established under this section.
Article 16-34. Interpretation of Annexes
1. When a party claims that the measure as a defence alleged to be a breach is within the scope of a reservation or exception registered in the annex to article 16-07, at the request of the opposing side, any tribunal established under this section shall request the Commission interpretation on this matter. the Commission shall, within 60 days of the delivery of the request in writing and shall submit its interpretation to the Tribunal.
2. The Commission interpretation submitted under paragraph 1 shall be binding on a tribunal established under this section. if the Commission fails to submit an interpretation within 60 days, the Tribunal shall decide on the matter.
Article 16-35. Provisional or Protective Measures
A tribunal established under this section shall apply to national courts or warring parties an interim measure of protection to preserve the rights of the opposing side or to ensure that the Tribunal jurisdiction takes full effects. a tribunal may not order the law-abidance or the suspension of the application of the measure alleged to be a breach referred to in article 16-18.
Article 16-36. Final Award
1. Where a tribunal established under this section and an award against a party, the Tribunal may only be:
a) The payment of monetary damages and any applicable interest; or
b) Restitution of property in which case the award shall provide that the opposing side may pay pecuniary damage, plus interest, in lieu of restitution.
2. Where an investor makes a claim on behalf of an enterprise:
a) The award for the restitution of property that shall provide restitution be made to the enterprise; and
b) The award which awarded non-pecuniary damages and interest shall provide that the sum be paid to the enterprise.
3. The award shall be made without prejudice the rights that a Party has a legal interest on compensation for the damage suffered, in accordance with the applicable legislation.
Article 16-37. Finality and Enforcement of the Award
1. An award made by a tribunal established under this section shall be binding only for opposing parties and only in respect of the particular case.
2. Subject to paragraph 3 and the review procedure applicable for an interim award a party combatant abide by and comply with an award without delay.
3. A party litigants may seek enforcement of a final award provided that:
a) In the case of a final award made under the ICSID Convention:
i) 120 days have elapsed from the date the award was rendered without any opposing side has requested revision or annulment of the same; or
ii) Have concluded the revision or annulment proceedings; and
b) In the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules:
i) Three months have elapsed from the date the award was rendered without any opposing side has initiated a procedure to revise or annul, overturning it; or
ii) A tribunal of the opposing side has dismissed or allowed an application for reconsideration or annulment of the award a written notice to the parties to the conflict to national courts in accordance with its laws, and this decision cannot be appealed.
4. Each Party shall provide for the enforcement of an award in its territory.
5. Where a Party combatant fails to comply with the final award, the Commission, upon receipt of a request by a Party whose investor was a party to the arbitration tribunal shall, under a Chapter XX (dispute settlement). the requesting party may invoke the procedures for:
a) A determination that the failure or refusal of the terms of the final award is inconsistent with the obligations of this Treaty; and
b) A recommendation that the party complies and comply with the final award.
6. The Investor litigants may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention or the Inter-American Convention regardless of whether or not commenced the procedures referred to in paragraph 5.
7. For purposes of article I of the New York Convention and article I of the Inter-American Convention shall be considered a claim that is submitted to arbitration under this section, arises out of a commercial relationship or transaction.
Article 16-38. General Provisions
When a claim is submitted to arbitration.
1. A claim shall be deemed submitted to arbitration under this section when:
a) The request for arbitration under paragraph 1 of Article 36 of the ICSID Convention has been received by the Secretary-General;
b) The notice of arbitration under article 2 of part C of the ICSID Additional Facility Rules has been received by the Secretary-General; or
c) The notice of arbitration under the UNCITRAL Arbitration Rules is received by the opposing side.
Delivery of documents.
2. Delivery of notice and other documents shall be done in the place designated by each Party in accordance with the annex to this article.
Payments pursuant to an insurance or guarantee contract.
3. In an arbitration under this section a Party not used as a counterclaim, defence, right of set-off or other litigant, that the investor has received or will receive pursuant to a contract of insurance or guarantee, indemnification or other compensation for all or part of the alleged damages whose refund sought.
Publication of decisions.
4. Final awards shall be issued only in the event that a written agreement between the parties.
Article 16-39. Exclusions
The dispute settlement provisions of this section of chapter XX (and dispute settlement) shall not apply to cases contained in the annex to this article.
Annex to Article 16-38. Service of documents
Delivery of notice and other documents shall be:
a) In the case of Mexico, the Directorate of Foreign Investment of the Secretariat of trade and industrial development, or any other place designated by the Secretariat itself, by notifying the other party, and
b) In the case of Nicaragua, to its secretariat.
Annex to Article 16-39. Exclusions from Mexico
Shall not be subject to the dispute settlement mechanisms under section B of this chapter or of Chapter XX (dispute settlement), decisions taken by a Party under paragraph 2 of article 16-02, or the resolution to prohibit or restrict the acquisition of an investment in its territory that is owned or controlled by nationals of that Party, by an investor of the other party, in accordance with the legislation of each party.