(a) Two or more investors relating to the same investment may submit a claim to arbitration under this section, or

(b) Two or more claims arising from common considerations of fact or law may be submitted to arbitration.

3. At the request of a disputing party, a tribunal established in accordance with article 15 awaiting the determination of the consolidation tribunal in accordance with paragraph 4 below, may provide suspending proceedings that had been initiated.

4. A tribunal established in accordance with this article, having heard previously warring parties may determine to:

(a) Assume jurisdiction over, and to carry out and solve jointly, all or part of the claims; or

(b) Assume jurisdiction over, and to carry out and resolve one or more of the claims, provided that this will contribute to the settlement of the other claims.

5. A tribunal established in accordance with article 15 shall lack jurisdiction to hear and decide a claim or a part thereof, over which a tribunal has assumed jurisdiction.

6. A disputing party that intends consolidation of a claim under this Article may request to the Secretary- General of ICSID the establishment of a tribunal, and shall specify in its request:

(a) The name of the contracting party of the investor or the contending parties to be included in the process of cumulation;

(b) The nature of the order sought; and

(c) The grounds on which the order is sought.

7. A disputing Party shall deliver a copy of its request to the disputing Contracting Party or any other litigant investor litigants against which the order is sought.

8. Within a period of sixty (60) days from the date of receipt of the request of ICSID, the Secretary-General shall establish a tribunal composed of three arbitrators. One shall be a national of the disputing Contracting Party, and one shall be a national of the Contracting Party of the disputing investors; the third, the presiding arbitrator, shall be a national of a non-Contracting Party. Nothing in this paragraph shall preclude the investor and the contracting party from appointing the members of the tribunal by a special agreement.

9. Where an disputing investor has submitted a claim to arbitration in accordance with article 13 and has not been named in a request made under paragraph 6 above, a disputing investor or the disputing contracting party, as appropriate, may make a written request to the tribunal that the first disputing investor be included in an order made under paragraph 4 above and in the request shall specify:

(a) The name and address of the disputing investor;

(b) The nature of the order sought, and

(c) The grounds on which the order is sought.

10. An disputing investor referred to in paragraph 9 above shall deliver a copy of its request to the parties to the conflict identified in a request in accordance with paragraph 6 above.

Article 17. The Arbitral Proceedings

At the request of any contending party, an arbitration in accordance with this section will be held in a State that is a party to the New York Convention only for the purposes of article 1 of the New York Convention, it is considered that claims submitted to arbitration under this section of a commercial relationship or transaction.

Article 18. Compensation

In an arbitration under this section, a disputing contracting party shall not use as a counterclaim, defense, right of setoff or for any other reason, that the disputing investor has received or will receive, pursuant to an insurance or guarantee contract, indemnification or other compensation for all or part of its alleged damages

Article 19. Applicable Law

1. A tribunal established in accordance with this section shall decide the dispute to be submitted to it in accordance with this Agreement and applicable rules and principles of international law.

2. An interpretation jointly formulated and agreed between the Contracting Parties on a provision of this Agreement shall be binding on any tribunal established under this section.

Article 20. Finality and Enforcement of Awards

1. Unless the parties agree otherwise, an arbitral award that determines that a contracting party has failed to fulfil its obligations under this Agreement may only award separately or in combination:

(a) Monetary damages and any applicable interest; or

(b) Restitution in kind, taking into account that the Contracting Party may pay pecuniary compensation in lieu thereof.

2. When a claim is submitted on behalf of an enterprise :

(a) An award that accorded restitution in kind shall provide that restitution be made to the enterprise;

(b) An award to accord monetary damages and any applicable interest shall provide that the total amount be paid to the enterprise; and

(c) The award shall provide that it is made without prejudice to any right that any person has or might have, with respect to the remedy granted, in accordance with the applicable domestic law.

3. The arbitral awards shall be final and binding only between the disputing parties and only in respect of the particular case.

4. A Tribunal may not award punitive damages.

5. A disputing investor may seek enforcement of an arbitration award in accordance with the ICSID Convention or the New York Convention, if both parties are contracting parties to such treaties.

6. A disputing party may not seek enforcement of a final award until:

(a) In the case of a final award rendered in accordance with the ICSID Convention:

(i) one hundred and twenty (120) days from the date the award was rendered and no disputing party have requested revision or annulment of the same, or

(ii) Revision or annulment proceedings have been completed; and

(b) In the case of a final award rendered under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules or any other arbitration rules that dispuring parties:

(i) Three (3) months from the date the award was rendered and no disputing party has initiated a review procedure, set aside or annul the award; or

(ii) A court has dismissed an application or allowed to review, disposal or annul the award and there is no further appeal.

7. A Contracting Party may not initiate proceedings in accordance with section II by an alleged breach in accordance with this section, unless the other contracting party fails to comply with the award rendered in a dispute that has submitted an investor under this section.

Article 21. Transparency of Arbitral Proceedings

1. The written pleadings submitted by the parties in conflict to the Tribunal, the procedural orders, the decisions and awards issued by the Tribunal shall be available to the public with the exception of confidential information relative to confidential business information that is not in the public domain, describing, containing or otherwise disclosing trade secrets or scientific, technical or financial information, consistently treated as confidential information by the Party to which it relates, including but not limited to price, cost, strategic plans, marketing and market share data registries or financial and accounting information that is privileged protected against disclosure by law.

2. Within thirty 30 days of receiving the final award, the litigant party which considers that any written section done by the Tribunal or any procedural order, decision or award of the Tribunal who wish to remain protected information as confidential shall consult with the other party or parties litigant with the aim of reaching an agreement on the drafting of such information before making available to the public.

3. If the parties are unable to reach an agreement on the proposed wording within other thirty (30) days shall, where they are not in agreement with the President of the Court, who shall decide on the matter immediately assigned any additional cost to arbitration as a result of the lack of agreement between the parties

4. If a disputing Party notifies the other disputing party or parties on the request of preserving in confidential any written information; in particular, procedural decisions or award within thirty (30) days of delivery of the final award, that party shall consent to make available to the public such procedural decision or award.

5. The notice of intent; the notice of arbitration shall be available to the public at any time.

Article 22. Provisional Measures of Protection

1. An arbitral tribunal may order an interim measure of protection to preserve the rights of a opposing side or to ensure that the jurisdiction of the arbitral tribunal takes full effects, including an order to preserve evidence in the possession or control of a litigant party, or to protect the Tribunal jurisdiction.

2. A tribunal may not order the attachment or suspension of the application of the measure alleged to be a breach referred to in article 13 for purposes of this paragraph, an order includes a recommendation.

Section II. Dispute Settlement between Contracting Parties

Article 23. Scope

This section applies to the resolution of disputes between the Contracting parties arising from the interpretation or application of the provisions of this agreement. The alleged breach by a Contracting Party of an obligation under chapter III it shall be settled in accordance with section 1 of this chapter.

Article 24. Consultations and Negotiations

1. Any Contracting Party may request consultations on the interpretation or application of this Agreement.

2. To the extent possible, the Contracting Parties shall endeavour amicably to resolve any dispute between them concerning the interpretation or application of this Agreement through consultations and negotiations.

3. If a dispute cannot be settled through such means within a period of six (6) months from the negotiations or consultations were requested in writing, either Contracting Party may refer the dispute to an arbitral tribunal established in accordance with this section or by agreement of the Contracting Parties to another international tribunal.

Article 25. Constitution of the Arbitral Tribunal

1. The arbitral proceedings initiated by written notice given by a contracting party (the requesting Contracting Party) to the other contracting party (the respondent Contracting Party through diplomatic channels) such notification shall include a statement of the legal and factual considerations underlying the claim, a summary of the development and the results of consultations and negotiations.

Pursuant to article 24 the intention of the Contracting Party Party to initiate proceedings under this section, as well as the name of the arbitrator appointed by such Contracting Party.

2. Within thirty (30) days after the delivery of such notification, the respondent Contracting Party shall notify the respondent Contracting Party the name of the arbitrator it has appointed.

3. Within thirty (30) days of the appointment of the second arbitrator, the arbitrators appointed by the Contracting Parties shall designate by common agreement the third arbitrator who will serve as the Chairman of the arbitral tribunal once approved by the contracting parties.

4. If within the periods referred to in paragraphs 2 and 3 above have not been made or the required approvals required appointments have not been made, either Contracting Party may request the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a citizen or permanent resident of one of the contracting parties or is unable to act, the Vice-President shall be invited to make the appointments referred. If the Vice-President is a citizen or permanent resident of one of the contracting parties or is unable to act, the member of the International Court of Justice to continue in hierarchy and who is not a citizen or permanent resident of one of the Contracting Parties shall be invited to make the appointments referred.

5. Where any arbitrator appointed under this article resigns or is unable to act as a successor arbitrator shall be appointed in accordance with the same procedure as prescribed for the appointment of the original arbitrator and shall have the same powers and duties of the original arbitrator.

Article 26. Proceedings

1. Unless the Contracting Parties decide otherwise, the place of arbitration shall be determined by the Tribunal.

2. The arbitral tribunal shall decide all questions relating to its competence and subject to any agreement between the Contracting Parties shall determine its own procedure.

3. At any stage of the proceedings, the arbitral tribunal may propose to the parties that the dispute be settled amicably.

4. At any time, the arbitral tribunal shall ensure a fair hearing to the contracting parties.

Article 27. Award

1. The arbitral tribunal shall reach its decision by a majority of votes. The award shall be made in writing and shall contain all the findings of fact and of law arising from. A copy of the award shall be signed and given to each Contracting Party.

2. The arbitral award shall be final and binding on the contracting parties.

Article 28. Applicable Law

A tribunal established in accordance with this section shall decide the dispute to be submitted to it in accordance with this Agreement and applicable rules and principles of international law.

Article 29. Costs

Each Contracting Party shall bear the costs of its appointed arbitrator and of its representation in the proceedings. The costs of the Chairman of the arbitral tribunal and other expenses associated with the arbitration shall be borne in equal parts by the contracting parties unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Contracting Parties

Article IV. Final Provisions :

Article 30. Implementation of the Agreement

This Agreement shall apply to all investments made before or after its Entry into Force. However, do not apply to claims arising out of events which occurred or to which claims have been settled before that date.

Article 31. Consultations

A Contracting Party may propose to the other contracting party for consultations regarding any matter relating to this Agreement. such consultations shall be conducted at venue and time agreed upon by the contracting parties.

Article 32. Entry Into Force , Duration and Termination

1. Contracting Parties shall notify in written and through the diplomatic channel, on the fulfilment of their constitutional requirements in relation to the approval and Entry into Force Agreement.

2. This Agreement shall enter into force thirty (30) days after the date of receipt of the last of the notifications referred to paragraph 1.

3. This Agreement shall remain in force for 10 years. Thereafter it shall continue in force until the expiration of twelve (12) months from the date on which any contracting party notified in writing the other contracting party of its decision to terminate it.

4. This agreement shall remain in force for a period of each ten (10) years from the date of termination only with respect to investments made prior to that date.

5. This Agreement may be amended by mutual consent of the Contracting Parties, and the agreed modification shall enter into force in accordance with the procedures laid down in the Spanish and done in Cancún, Quintana Roo, Mexico the 07 May 2015 , in duplicate language, English, French and Spanish both texts are equally authentic.

Conclusion

The Government of the United Mexican States

Alfonso guajardo villerreal

Secretary of Economy

The Government of the Republic of Haiti

Attachments

Contracting parties confirm their common understanding in that:

1. A measure or series of measures of a contracting party cannot constitute an expropriation unless it interferes with a right of property or with a tangible or intangible property interest of an investment.

2. Article 7 paragraph 1 addresses two situations the first is where an expropriation, direct investment is expropriated or nationalized otherwise directly through formal transfer of title or direct expropriation.

3. The second situation covers appropriations under article 7, paragraph 1. It is indirect expropriation measure or, where a series of measures of a contracting party having an equivalent effect to expropriation without the direct transfer form the direct title ownership or seizure.

The determination of whether a measure or series of measures of a contracting party in fact constitutes a specific situation, an indirect expropriation requires a case by case factual investigation; consider among other factors: the economic impact of the Government although the sole fact that a measure or series of measures of a Contracting party has an adverse effect on the economic value of an investment alone does not establish that has occurred an indirect expropriation; the extent to which the Government action interferes with clear and reasonable expectations of investment; the type of action of the Government as the non-discriminatory measures of a contracting party that are designed and applied to protect legitimate public welfare objectives such as public health, safety, the protection and promotion of international and national labor rights, and the environment, do not constitute an indirect expropriation, provided that such measures are not used as a means to violate the provisions of disguised.

Attachments

1. The notice of intent referred to article 12, paragraph 2 shall be send in the case of the United Mexican States, to the General Directorate of International Trade legal consultancy of the Ministry of Economy and in the case of the Republic of Haiti, to the Ministry of Trade and Industry.

2. The combatant investor shall submit a written notice of intent in English or in the case of Mexico in English, French and in the case of Haiti. a translation, made by a former translator shall be included in the case of the notice of intent to be made in a language other than those mentioned.

3. In order to facilitate the consultation process, the investor shall provide notice of intent, with the copy of the following documents: passport or other official document of nationality, if the investor is a natural person, or the applicable document of incorporation or organization is in accordance with the legislation of the non litigant contracting party, if the investor is an enterprise of that Contracting Party; where an investor of a Contracting Party intends to submit a claim to arbitration on behalf of an enterprise of the other Contracting Party that is a legal person from which investors have ownership or control the applicable document of incorporation or organization of the company in accordance with the legislation of the litigants contracting party, and the document certifying that the investor has litigants ownership or control of the enterprise; if that is the case, shall also be power of attorney or the document that a person is duly authorized to act on behalf of the investor litigants.

For greater certainty, when a claim is submitted to arbitration under article 13 it shall only be for recoverable loss or damage incurred by the applicant in his capacity of investors of a Party. The losses incurred by the claimant in any other capacity are not recoverable under article 13.

4. Written includes writing claims and any reduction and acting against certain listed charities, written submission or by one of the parties involved in the arbitration.