7. A disputing party may not seek enforcement of a final award until:
(a) In the case of a final award rendered under the ICSID Convention:ICSID Convention:
(i) One hundred and twenty (120) days have elapsed from the date in 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:ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or any other arbitration rules selected by the disputing parties:
(i) Three (3) months have elapsed from the date in 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.
Article 21. Interim Measures of Protection
An Arbitral Tribunal may recommend 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 a recommendation 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 recommend attachment or enjoin the application of the measure alleged to constitute a breach referred to in Article 13.
Section Two: Settlement of Disputes between the Contracting Parties
Article 22. Scope
1. This Section applies to the settlement of disputes between the Contracting Parties arising from the interpretation or application of the provisions of this Agreement.
2. A Contracting Party may not initiate proceedings in accordance with this Section with regard to a dispute concerning the violation of the rights of an investor, unless the other Contracting Party fails to abide by or comply with a final award rendered in a dispute that such investor may have submitted pursuant to Section One. In this case, an Arbitral Tribunal established in conformity with this Section may render, upon request of the Contracting Party whose investor was part in the dispute:Section One. In this case, an Arbitral Tribunal established in conformity with this Section may render, upon request of the Contracting Party whose investor was part in the dispute:
(a) A statement that the failure to abide by or comply with the final award is inconsistent with the obligations set forth in this Agreement; and
(b) A recommendation that the other Contracting Party abide by or comply with the final award.
Article 23. Consultations and Negotiations
1. Either Contracting Party may request consultations on the interpretation or application of this Agreement.
2. If a dispute arises between the Contracting Parties on the interpretation or application of this Agreement, it shall, to the extent possible, be settled amicably through consultations and negotiation.
3. In the event the dispute is not settled through the means mentioned above within six (6) months from the date such negotiations or consultations were requested in writing, any Contracting Party may submit the dispute to an arbitral tribunal established in accordance with the provisions of this Section or, by agreement of both Contracting Parties, to any other international tribunal.
Article 24. Constitution of the Arbitral Tribunal
1. Arbitration proceedings shall initiate upon written notice delivered by one Contracting Party (the requesting Contracting Party) to the other Contracting Party (the respondent Contracting Party) through diplomatic channels. Such notice shall contain a statement setting forth the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations that took place pursuant to Article 23, the requesting Contracting Party's intention to initiate proceedings under this Section, and the name of the arbitrator appointed by such requesting Contracting Party.Article 23, the requesting Contracting Party's intention to initiate proceedings under this Section, and the name of the arbitrator appointed by such requesting Contracting Party.
2. Within thirty (30) days after the delivery of such notice, the respondent Contracting Party shall notify to the requesting Contracting Party the name of its appointed arbitrator.
3. Within thirty (30) days following the date in which the second arbitrator was appointed, the arbitrators appointed by the Contracting Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the presiding arbitrator upon approval of the Contracting Parties. If the approval referred to in this paragraph has not been rendered within thirty (30) days following the date in which the third arbitrator was appointed, paragraph 4 below shall apply.paragraph 4 below shall apply.
4. If within the time limits provided for in paragraph 2 and 3 above, the required appointments have not been made or the required approvals have not been given, either Contracting Party may invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a citizen or a permanent resident of either Contracting Party, or he or she is otherwise unable to act, the Vice-President shall be invited to make the referred appointment(s). If the Vice-President is a citizen or a permanent resident of either Contracting Party, or he or she is unable to act, the member of the International Court of Justice next in seniority who is not a citizen nor a permanent resident of either Contracting Party shall be invited to make the necessary appointment(s).paragraph 2 and 3 above, the required appointments have not been made or the required approvals have not been given, either Contracting Party may invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a citizen or a permanent resident of either Contracting Party, or he or she is otherwise unable to act, the Vice-President shall be invited to make the referred appointment(s). If the Vice-President is a citizen or a permanent resident of either Contracting Party, or he or she is unable to act, the member of the International Court of Justice next in seniority who is not a citizen nor a permanent resident of either Contracting Party shall be invited to make the necessary appointment(s).
5. In case an arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as that prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had.
Article 25. Proceedings
1. Once convened by the presiding arbitrator, the arbitral tribunal shall determine the seat of arbitration and the date of initiation of the arbitral process.
2. The arbitral tribunal shall decide all questions relating to its competence and, subject to any agreement between the Contracting Parties, determine its own procedure, taking into account the PCA Optional Rules.PCA Optional Rules.
3. At any stage of the proceedings and before it issues any resolution, the arbitral tribunal may propose to the Contracting Parties that the dispute be settled amicably.
4. At all times, the arbitral tribunal shall afford a fair hearing to the Contracting Parties.
Article 26. Award
1. The arbitral tribunal shall reach its decision by majority vote. The award shall be issued in writing and shall contain the applicable factual and legal findings. A signed award shall be delivered to each Contracting Party.
2. The award shall be final and binding on the Contracting Parties.
Article 27. Applicable Law
A tribunal established under this Section shall decide the issues in dispute in accordance with this Agreement and with the applicable rules and principles of international law.
Article 28. Costs
Each Contracting Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the presiding arbitrator and of other expenses associated with the conduct of the arbitration shall be borne equally by the Contracting Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Contracting Parties.
Chapter IV: Final Provisions
Article 29. Application of the Agreement
This Agreement shall apply to investments made after the entry into force of this Agreement by investors of one Contracting Party in the territory of the other Contracting Party, as well as to investments made in accordance with the applicable laws of the Contracting Parties and existing at the entry into force of this Agreement. 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 30. Consultations
A Contracting Party may propose to the other Contracting Party to carry out consultations on any matter relating to this Agreement. These consultations shall be held at a place and at a time agreed by the Contracting Parties.
Article 31. Denial of Benefits
The Contracting Parties may decide jointly in consultation to deny the benefits of this Agreement to an enterprise of the other Contracting Party and to its investments, if a natural person or enterprise of a non-Contracting Party owns or controls such enterprise.
Article 32. Entry Into Force, Duration and Termination
1. The Contracting Parties shall notify each other in writing the fulfilment of their domestic legal procedures 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 latter notification carried out through the diplomatic channels used by both Contracting Parties to notify the fulfilment of the requirements referred to in paragraph 1 above.paragraph 1 above.
3. This Agreement shall remain in force for a period of ten (10) years and thereafter shall be in force for an indefinite period of time, unless either of the Contracting Parties delivers through diplomatic channels to the other Contracting Party a written notice of its decision to terminate this Agreement, with twelve (12) months in advance.
4. With respect to 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 pursuant to the procedures set forth in paragraphs 1 and 2 above.paragraphs 1 and 2 above.
Conclusion
FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES
Attachments
1. The notice of intent referred to in Article 12 paragraph 2 shall be delivered:paragraph 2 shall be delivered:
In the case of the People´s Republic of China, at the Ministry of Commerce; and
In the case of the United Mexican States, at the Ministry of Economy.
2. The disputing investor shall submit the written notice of intent referred to in Article 12 paragraph 2 in Spanish or in Chinese, as applicable, depending on the Contracting Party against which the claim is made. 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.paragraph 2 in Spanish or in Chinese, as applicable, depending on the Contracting Party against which the claim is made. 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 as evidence of nationality, where the investor is a natural person, or act of incorporation or any other 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 for loss or damage to an enterprise of the other Contracting Party:
(i) Act of incorporation or any other document of incorporation or organization, under the applicable law of the disputing Contracting Party; and
(ii) Document proving that the disputing investor owns or controls the enterprise.
(c) Where applicable, power of attorney or the document proving that a person is duly authorized to act on behalf of the disputing investor.
Attachments
An investor of a Contracting Party may not allege that the other Contracting Party has breached an obligation under Chapter II both in arbitration under Chapter III and in proceedings before a court or administrative tribunal of the latter Contracting Party. Where an enterprise of a Contracting Party that an investor of the other Contracting Party owns or controls alleges in proceedings before a court or administrative tribunal that the former Contracting Party has breached an obligation under this Agreement, the investor may not allege the breach in an arbitration under Chapter III.
Attachments
An investor shall go through the domestic administrative review procedures as specified by the laws and regulations of the disputing Contracting Party before the submission to international arbitration in accordance with Chapter III, Section One.
If the domestic administrative review procedures are not complete within four (4) months after the date an application for the review is first filed, it shall be considered that the procedures are complete and the investor may proceed to an international arbitration. The investor may file an application for the review during the six (6) months consultation or negotiation period as provided in Article 12.