(4) Disputing investors may seek the enforcement of an arbitral award under the ICSID Convention or the New York Convention.
(5) For the purposes of Article 1 of the New York Convention, a claim submitted to arbitration under this Schedule shall be deemed to have arisen from a commercial relationship or a transaction.
Article 10 - Compensation Received Under Insurance or Guarantee Contracts
In an arbitration under this Schedule, a Party shall not assert as a defense, counterclaim, right of setoff or otherwise, 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 the alleged damage.
Article 11 - Publication of Awards
Final awards will only be published if there is written agreement by the disputing parties.
Article 12 - Exclusions
The dispute settlement provisions of this Schedule shall not apply to the resolutions adopted by a Party which, for national security reasons, prohibit or restrict the acquisition of an investment in its territory, owned or controlled by its nationals, by investors of the other Party, according to the legislation of each Party.
Protocol
On signing the Agreement between the United Mexican States and the Swiss Confederation on the Promotion and Reciprocal Protection of Investments, the undersigned plenipotentiaries have, in addition, agreed on the following provisions which shall be regarded as an integral part of the said Agreement.
Ad Article 1
The exclusion of certain items from the definition of the term "investment" is without prejudice to the rights and obligations connected with such items.
Ad Article 3
The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. Accordingly, neither Party should waive or otherwise derogate from, or offer to waive or derogate, such measures as an encouragement for the establishment, acquisition, expansion or retention in its territory of an investment of an investor. If either Party considers that the other Party has offered such an encouragement, it may request consultations.
The Parties recognize that the entry and the expansion of investments in their territory by investors of the other Party shall be subject to relevant instruments of the Organization for Economic Cooperation and Development (OECD) in the field of international investments.
Ad Article 4
(1) Notwithstanding the provisions of paragraphs (2) and (3), either Party may grant to its own investors, within the framework of its development policy, special incentives in order to stimulate the creation of local industries, provided they do not significantly affect the investment and activities of investors of the other Party in connection with an investment.
(2) Notwithstanding the principle of national treatment, either Party may require an investor of the other Party, or an enterprise in its territory, owned or controlled by such investor, to provide routine information for statistical purposes concerning its investment.
Ad Article 5
(1) Notwithstanding paragraphs (1) and (2), the Mexican Government may impose requirements in connection with an investment in its territory in the following sectors: Entertainment Services, Automotive Industry, Water Transportation, Maquiladora Industry ("Maquiladora Decree") and Export Manufacturing ("ALTEX Decree", "PITEX Decree"), provided that such requirements are foreseen in the domestic legislation as of the date of entry into force of this Agreement. Swiss investors shall not be treated less favourably than investors of any third State.
(2) To the extent that any requirement according to paragraph (1) above will be liberalized in the context of NAFTA or otherwise, Swiss investors shall be granted most favoured nation treatment.
(3) Paragraph (2) shall not be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory, on compliance with a requirement related to the geographic location of the production facilities, or to the creation of employment or the training of workers.
Ad Article 6
The Parties recognize that this Article shall be applied in accordance with the provisions of relevant instruments of the OECD as accepted by the Parties, including, in particular, provisions on temporary derogations from the principle of free transfer.
Done in duplicate, at _____________________________________, on, in the French, Spanish and English languages, each text been equally authentic. In case of any divergency of interpretation, the English text shall prevail.
For the Swiss Federal Council
For the Government of the United Mexican States