Article 20. Formation of the Tribunal
(1) Such arbitral tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member and these two members shall agree upon a national of a third State who, on approval by the Contracting Parties, shall be appointed as the chairman of the tribunal. Such members shall be appointed within two (2) months from the date one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two (2) further months.
(2) If the periods specified in paragraph (1) are not observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either of the Contracting Parties or if he is otherwise prevented from discharging the said function, the Vice-President or, in case of his inability, the member of the International Court of Justice next in seniority shall be invited under the same conditions to make the necessary appointments.
(3) Members of an arbitral tribunal shall be independent and impartial.
Article 21. Applicable Law
The arbitral tribunal will decide disputes in accordance with this Agreement and the applicable rules and principles of International Law.
Article 22. Costs
Each Contracting Party shall pay the cost of its representation in the proceedings. The cost of the arbitral tribunal shall be paid for equally by the Contracting Parties, unless the tribunal directs that they be shared differently.
Chapter Three: Final Provisions
Article 23. Application of the Agreement
The provisions of this Agreement shall apply to future investments made by investors of one Contracting Party in the territory of the other Contracting Party, and also to the investments existing in accordance with the laws of the Contracting Parties on the date this Agreement came into force. However, the provisions of this Agreement shall not apply to claims arising out of events which occurred, or to claims which had been settled, prior to its entry into force.
Article 24. Consultations
Each Contracting Party may propose to the other Contracting Party consultations on any matter relating to this Agreement. These consultations shall be held at a place and at a time agreed upon by Contracting Parties.
Article 25. Entry Into Force, Duration and Termination
(1) The Contracting Parties shall notify each other in writing on the compliance with their constitutional requirements in relation to the approval and entry into force of this Agreement.
(2) This Agreement shall enter into force thirty (30) days after the date of the final notification, through diplomatic channels used by both Contracting Parties to notify the fulfillment of the requirements referred to in paragraph (1).paragraph (1).
(3) This Agreement shall remain in force for period of ten (10) years and shall remain in force thereafter for an indefinite period of time, unless either of the Contracting Parties gives to the other Contracting Party written notice of its intention to terminate the Agreement, through diplomatic channels, with twelve (12) months in advance.
(4) In respect of investments made prior to the termination of this Agreement, the provisions of this Agreement shall continue to be effective for a period of ten (10) years from the date of termination.
(5) This Agreement may be modified by mutual consent of the Contracting Parties and the agreed modification shall come into effect in conformity with the procedures established in paragraphs (1) and (2).
Conclusion
DONE at Mexico City, in the fourth day of April of two thousand and two, in duplicate, in the Czech, Spanish and English languages, being all texts equally authentic. In case of divergence of interpretation, the English text shall prevail.
For the Czech Republic
Jiří Rusnok
Minister of Finance
For the United Mexican States
Luis Ernesto Derbez Bautista
Secretary of Economy
Attachments
On signing the Agreement between the Czech Republic and the United Mexican States 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 2, paragraph (3)
1) Article 2, paragraph (3) prescribes the customary International Law minimum standard of treatment of aliens as the minimum standard of treatment to be afforded to investments of investors of another Contracting Party.
2) The concepts of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond that which is required by the customary International Law minimum standard of treatment of aliens.
3) A determination that there has been a breach of another provision of the Agreement, or of a separate international agreement, does not establish that there has been a breach of the provisions established in Article 2, paragraph (3) of this Agreement.
Ad. Article 3, paragraph (3) (a)
Nothing in this Agreement shall prevent either Contracting Party from applying new measures adopted within the framework of one of the forms of regional co-operation referred to in paragraph (3) (a) of this Article, which replace the measures previously applied by that Contracting Party, in a manner that is not inconsistent with this Agreement.
DONE at Mexico City, in the fourth of April of two thousand and two, in duplicate, in the Czech, Spanish and English languages, being all texts equally authentic. In case of divergence of interpretation the English text shall prevail.
For the Czech Republic
Jiří Rusnok
Minister of Finance
For the United Mexican States
Luis Ernesto Derbez Bautista
Secretary of Economy