1. Where a disputing party considers that two or more claims submitted to arbitration under article 13 have in common issues of fact or law, the opposing side may seek a consolidated order in accordance with the terms set out in paragraphs 2 to 11.
2. A disputing party that intends consolidation under this article shall request that the Secretary-General of ICSID and establish a tribunal in the request shall specify:
(a) The name of the disputing Contracting Party or the disputing investors to be included in the consolidation process;
(b) The nature of the order sought; and
(c) The rationale underlying the request.
3. The Secretary General of ICSID may establish a consolidation tribunal under the UNCITRAL Arbitration Rules, which shall conduct its proceedings in accordance with such rules, except as modified by this Section.
4. In the interest of fair and efficient resolution and unless it is determined that the interests of any of the Parties to the conflict would be seriously affected by a tribunal established under this article may accumulate procedures when:
(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.
5. Upon request of a disputing party, a tribunal established under Article 13, awaiting the determination of the consolidation tribunal in accordance with paragraph 6 below, may stay the proceedings that it had initiated.
6. A tribunal established under this article, having heard previously disputing parties may determine that:
(a) Assume jurisdiction over, and hear and determine together, all or part of the claims; or
(b) Assume jurisdiction over, and hear and determine one or more of the claims, provided that in doing so it would contribute to the settlement of the other claims.
7. A tribunal established under article 13 shall not have jurisdiction to carry out and resolve a claim or part thereof, in respect of which a tribunal consolidation has assumed jurisdiction.
8. A Party shall deliver a copy of its request to the litigants Contracting Party or any other litigant investor litigants against which the order is sought.
9. Within 60 days of receipt of the request, the Secretary-General of ICSID may establish a tribunal comprised 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 neither Contracting Party. Nothing in this paragraph shall prevent the disputing investors and the disputing Contracting Party from appointing the members of the tribunal by a special agreement.
10. Where a disputing investor has submitted a claim to arbitration under Article 13 and has not been named in a request made under paragraph 2 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 6 above, and shall specify in the request:
(a) The name and address of the disputing investor;
(b) The nature of the order sought and;
(c) The rgrounds on which the order is sought.
11. A disputing investor referred to in paragraph 10 above shall deliver a copy of its request to the parties to the conflict identified in a request made under paragraph 2 above.
Article 17. Place of Arbitration
At the request of either of the Parties - an arbitration under this section shall 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 shall be 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 contracting party combatant not used as a counterclaim, defence, right of set-off or for any other reason, that other indemnification or compensation for all or part of the alleged loss or damage has been received or will be received by the investor under an indemnity, guarantee or insurance contract.
Article 19. Applicable Law
1. A tribunal established under 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. The interpretation and formulate jointly agreed between the Contracting Parties on a provision of this Agreement shall be binding on a 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) Any applicable monetary damages and interest; or
(b) Restitution in kind, on the understanding 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 provide that interest shall be the sum paid to the enterprise; and
(c) The award shall provide that it is made without prejudice to any right that any person or may have in the relief granted under applicable domestic law.
3. The arbitral awards shall be final and binding only between disputing parties and only in respect of the particular case.
4. The arbitral award shall be public, unless the parties agree otherwise.
5. A tribunal may not award punitive damages.
6. Each Contracting Party shall in its territory the measures necessary for the effective enforcement of awards rendered under this section, and facilitate the implementation of any award issued in a proceeding to which it is a party.
7. An investor litigants may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both parties are contracting parties to such treaties.
8. A party litigants may not seek enforcement of a final award until:
(a) In the case of a final award made under the ICSID Convention:
(i) 120 days have elapsed from the date on which the award was rendered and no disputing party has requested revision or annulment of the award; or
(ii) Revision or annulment proceedings have been completed; and
(b) In the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules or any other arbitration rules selected by the disputing parties:
(i) Three months have elapsed from the date on which the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; or
(ii) A court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal.
9. A Contracting Party may not initiate proceedings in accordance with section II for a dispute regarding the infringement of rights of an investor, unless the other contracting party fails to comply with the award rendered in a dispute that the investor has submitted under this section. In this case the arbitral tribunal established in accordance with section II of this Chapter may, at the request of the Contracting Party whose investor was a party to the dispute, render:
(a) A determination that the failure or refusal of the final award is inconsistent with the obligations of this Agreement; and
(b) A recommendation that the other contracting party abide by or comply with the final award.
Article 21. Interim Measures of Protection
An arbitral tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the arbitral tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the arbitral tribunal's jurisdiction. An arbitral tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in Article 13. For purposes of this paragraph, an order includes a recommendation.
Article 22. Scope
This section shall apply to the settlement of disputes between the contracting parties relating to the interpretation or application of the provisions of this Agreement. The alleged breach by a contracting party of an obligation under Chapter II shall be settled in accordance with section I of this chapter.
Article 23. 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 to amicably resolve any dispute 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 months from the negotiations or consultations were requested in writing, either Contracting Party may submit the dispute to an arbitral tribunal established under this section or by mutual consent of the Contracting Parties, to another international tribunal.
Article 24. 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 23, the intention of the Contracting Party Party to initiate proceedings under this section, as well as the name of the arbitrator appointed by that Contracting Party.
2. Within 30 days of the delivery of the notification, the respondent Contracting Party shall notify the respondent Contracting Party the name of the arbitrator it has appointed.
3. Within 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 required the appointments have not been granted authorisations, 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 25. Proceedings
1. Once convened by the Chairman of the arbitral tribunal shall determine the place of arbitration and the date of initiation of the arbitral proceedings.
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 of 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 26. 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 signed copy of the award shall be delivered to each Contracting Party.
2. The arbitral award shall be final and binding on the contracting parties.
Article 27. Applicable Law
A tribunal established under 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 28. 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 29. Application of the Agreement
This Agreement shall apply to all investments made before or after its Entry into Force, but shall not apply to claims arising out of events which occurred or to which claims have been settled before that date.
Article 30. 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 the time and place agreed by the contracting parties.
Article 31. Denial of Benefits
The Contracting Parties may decide jointly through consultations, the denying the benefits of this Agreement to an enterprise of the other contracting party to its investments and if the enterprise is owned or controlled by a natural person or an enterprise of a non-Contracting Party.
Article 32. Entry Into Force, Duration and Termination
1. The Contracting Parties shall notify each other in writing through diplomatic channels on the fulfilment of their constitutional requirements in relation to the approval and Entry into Force Agreement.
2. This Agreement shall enter into force 90 days after the last notification referred to in paragraph 1 above.
3. This agreement is concluded for a period of ten years.Thereafter it shall continue in force until the expiration of twelve months from the date on which either contracting party notifies the other in writing of its notice of termination.
4. This Agreement shall remain in force for a period of ten 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 set out in paragraphs 1 and 2 above.
Done at Mexico City on 26 October two thousand, seven in duplicate in the English and Spanish languages, Slovak texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.
For the United Mexican States: Undersecretary of Standards, Foreign Investment and Trade Remedies for the Ministry of Economy, Carlos Arce Macías. For the Slovak Republic: the State Secretary of the Ministry of Foreign Affairs of the Slovak Republic, Diana štrofová
Attachments
1. The notice of intent referred to in article 12, paragraph 2 shall be delivered:
In the case of the United Mexican States, in the Ministry of Economy; and
In the case of the Slovak Republic, in the Ministry of Finance of the Slovak Republic.
2. The disputing investor shall submit the written notice of intent referred to in Article 12 paragraph 2 in Spanish or in Slovak, as applicable. The corresponding translation, made by an expert, shall be included in case such notice of intent is submitted in any language other than the aforementioned.
3. In order to facilitate the process of consultation, the investor shall provide along with the notice of intent, copy of the following documentation:
(a) Passport or any other official document of nationality, where the investor is a natural person, or the applicable document of incorporation or organization under the law of the non-disputing Contracting Party, where the investor is an enterprise of such Contracting Party;
(b) 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 that the investor owns or controls:
(i) The applicable document of incorporation or organization of the enterprise under the law of the disputing Contracting Party; and
(ii) The document evidencing that the disputing investor owns or controls the enterprise.
If that is the case, power of attorney or the document whereby a person is duly authorized to act on behalf of the disputing investor shall also be submitted.