Article 336. Provisional or Protective Measures
A tribunal established under this section shall apply to national courts or warring parties interim or precautionary measures to preserve the rights of the opposing side or to ensure that the jurisdiction of the Tribunal established under this section, takes full effects. A tribunal may not order the suspension measure of compliance or alleged to be a breach referred to in article 3.19.
Article 337. Final Award
1. Where a tribunal established under this section to obtain a final award against a party, the Tribunal may award only:
a) The payment of monetary damages and any applicable interest; or
b) Restitution of property in which case the award shall provide that the opposing side may pay pecuniary damage, plus interest, in lieu of restitution.
2. A tribunal established under this section may also order the payment of fees in accordance with the applicable arbitration rules.
3. Where an investor makes a claim on behalf of a company based in Article 3.19:
a) The award for the restitution of property shall provide that were accorded to the enterprise; and
b) The award which awarded non-pecuniary damages and interest shall provide that the sum be paid to the enterprise.
4. A tribunal established under this section, may not order a party to pay punitive damages.
5. For the purposes of paragraphs 1 and 2 the damage was determined in the currency in which the investment has been made.
6. The award shall be made without prejudice to any right that any person having legal interest on compensation for the damage suffered, in accordance with the applicable legislation.
Article 338. Definitivity and Enforcement of the Award
1. An award made by a tribunal established under this section shall be binding only for opposing parties and only in respect of the particular case.
2. Subject to paragraph 3, and the applicable review clarification or cancellation
An award under the mechanism which is appropriate in the opinion of the Secretary-General, a Party combatant abide by and comply with an award without delay.
3. A party litigants may seek enforcement of a final award provided that:
a) In the case of a final award made under the ICSID Convention:
i) Within one hundred and twenty (120) days from the date the award was rendered without any opposing side has requested clarification, revision or annulment of the same; or
ii) Have concluded the procedures for clarification, revision or annulment; or
b) In the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules:
i) Within ninety (90) days from the date the award was rendered without opposing side has initiated any proceedings for interpretation, correction, or additional award cancellation; or
ii) Have concluded the procedures of interpretation or correction or additional award or has been determined by a court of the opposing side an application for annulment and this resolution is not likely to be challenged.
4. Each Party shall provide for the enforcement of an award in its territory.
5. Where a Party combatant fails to comply with the final award, the Council, upon receipt of a request by a Party whose investor was a party to the arbitration procedure incorporates an arbitral tribunal pursuant to Article 3.25 to 3.28 and within a period of thirty (30) days after the tribunal shall render a resolution containing:
a) A determination that the failure or refusal of the terms of the final award is inconsistent with the obligations of this Treaty; and
b) A recommendation that abide by the Party or comply with the final award.
6. The Investor litigants may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention or the Inter-American Convention regardless which have been initiated or procedures referred to in paragraph 5.
7. For purposes of article I of the New York Convention and article I of the Inter-American Convention, it shall be considered that the claim is submitted to arbitration under this section, arises out of a commercial relationship or transaction.
Article 339. General Provisions
When a claim is submitted to arbitration
1. A claim shall be deemed submitted to arbitration under this section when:
a) The request for arbitration under paragraph 1 of Article 36 of the ICSID Convention has been received by the Secretary-General;
b) The notice of arbitration under article 2 of part C of the ICSID Additional Facility Rules has been received by the Secretary-General; or
c) The notice of arbitration under the UNCITRAL Arbitration Rules is received by the opposing side.
Service of documents
2. Delivery of notice and other documents on a party shall be done in the place designated by it in Annex 3.39 (2).
Payments under a contract of insurance or guarantee
3. In an arbitration under this section a Party not used as a counterclaim, defence, right of set-off or other litigant, that the investor has received or will receive pursuant to a contract of insurance or guarantee, indemnification or other compensation for all or part of the alleged damages whose refund sought.
Publication of decisions
4. Publication of decisions shall be conducted in accordance with the rules of procedure of each party. Such publication shall not include aspects that either Party considers contending confidential.
Article 340. Subrogation
If a party or its designated agency makes a payment under an indemnity against non-commercial risks given in respect of an investment in the territory of the other contracting party, the latter shall recognise the assignment of any right or claim of such investor to the former Party or its designated agency as well as the right by virtue of subrogation to exercise the rights and enforce the claims of that investor. The subrogated rights or claims shall not exceed the original rights or claims of the investor.
Attachments
For the purposes of Article 3.11 (1) (a) are covered by the term public interest:
a) In the case of Costa Rica: public purpose or public interest.
b) In the case of El Salvador: public purpose or social interest;
c) In the case of Guatemala: usefulness collective social interest or public interest;
d) In the case of Honduras: public need or interest; and
e) In the case of Nicaragua: public purpose or social interest.
Submission of a claim to arbitration
In the case of Honduras reserves in full implementation of article 3.22 (1) (a), while continuing cases in the declaration made by signing the ICSID Convention.
3.39 (annex 2)
Service of documents
For the purposes of article 3.39 (2), the place of delivery of notices and other documents under section B shall be:
1. In the case of Costa Rica: Department of Foreign Trade, Ministry of Foreign Trade, Foreign Trade Centre, Avenue 3 Street, 40, San José, Costa Rica.
2. In the case of El Salvador: Department of Trade Policy, Ministry of Economy, Alameda Juan Pablo II Street, Guadeloupe and master plan, building C "", San Salvador, El Salvador, or its successor;
3. In the case of Guatemala: Administration Department of Foreign Trade, Ministry of Economy, 8 to Avenue 10-43 area 1, Guatemala, or its successor;
4. In the case of Honduras: General Administration, Ministry of Industry and Trade, former building from Lloyds Bank, pedestrian street from the warehouse Salamé, Tegucigalpa, Honduras, or its successor; and
5. In the case of Nicaragua: Department of Foreign Trade, Ministry of Industry and Trade, KM. 6 road, Masaya, Managua, Nicaragua, or its successor.
Chapter 4. Cross-border Trade In Services
1. For purposes of this chapter, the reference to central Governments includes non-governmental agencies to exercise powers regulations and administrative or other governmental delegated to it by that Government.
2. For purposes of this chapter:
Cross-border trade in services supply the means of a service:
a) The territory of a party into the territory of another party;
b) In the territory of one party to the service consumer of the other party; and
c) By a national of a Party in the territory of another party; consumer service means any person that receives or uses a service;
"enterprise means an enterprise as defined in article 2.01, and a branch of an enterprise;
Service provider means any person that seeks to provide or provides a service transfronterizamente;
Service provider of the other party means a person of another party that seeks to provide or provides a service;
Non-discriminatory quantitative restrictions: a measure which imposes limitations on:
a) The number of service suppliers whether in the form of a quota monopoly or an economic needs test; or by any quantitative or other means;
b) The operations of any service provider, either through a quota monopoly or an economic needs test; or by any other quantitative means;
A service supplied in the exercise of governmental authority means any service supplied by a public institution, which is supplied neither on a commercial basis nor in competition with one or more service suppliers.
Specialty air services means services air, surveying, mapping aerial photography, control of forest fires, aerial firefighting services, advertising, towing planeadores, parachutists, air services for construction, air transport in sawn timber and timber, flights overview, training, inspection and monitoring and aerial spraying air;
Professional services means services that require for their benefit or an equivalent degree and which is authorised or regulated in each case restricted by a party but does not include services provided by persons engaged in a profession or to the crews of vessels and aircraft;
402. Scope and Extent of Obligations
1. This chapter applies to measures that a party adopts or maintains on cross-border trade in services by service providers of another party, including those relating to:
a) The production, distribution, sale and delivery of a service;
b) The purchase or use of a service;
c) Access to and use of:
i) Distribution of transportation systems and in connection with the provision of a service; and
ii) Public telecommunications networks and services;
d) The presence in its territory of a service provider of the other party; and
e) The provision of a bond or other form of financial security as a condition for the provision of a service.
2. This chapter does not apply to:
a) Air services including domestic and international air transportation, with or without routing equipment and ancillary activities in support of air services except:
i) Maintenance services and repair of aircraft during the period in which an aircraft is withdrawn from service;
ii) Air and specialty services;
iii) Computer reservation systems;
b) Financial services;
c) Subsidies or grants provided by a party or a state enterprise, including loans and government-supported guarantees or insurance;
d) Governmental functions or services, including but not limited to, the enforcement of laws, rehabilitation, social security insurance or insurance on income security or public social welfare, education, training and public health care for children.
3. Nothing in this chapter shall be construed as:
a) Impose any obligation on a Party with respect to a national of another party seeking access to its employment market or who is permanently employed in its territory, or confer any right on that with respect to that national access or employment; or
b) Impose any obligations or confer any right on a Party with respect to government procurement by a party or a State enterprise.
4. For the purposes of this chapter, "adopts measures that a party or maintains" to measures adopted or maintained by:
a) Central and municipal governments, where appropriate; and
b) Non-governmental agencies to exercise powers regulations and administrative or other governmental delegated to it by that Government.
In respect of non-governmental bodies referred to in subparagraph (b) To exercise powers or other governmental and administrative regulations which have been delegated in accordance with national legislation, the Central Government shall take such reasonable measures as may be available to it to ensure that they comply with the provisions of this chapter.
5. The provisions of this chapter shall apply to measures relating to services listed in annexes, only to the extent and terms stipulated therein.
1. Each Party shall accord immediately and unconditionally to services and service providers of another party treatment no less favourable than that it accords to like services and service providers of any other country Party or non-Party.
2. The provisions of this chapter shall not be construed to prevent a party advantages accorded to adjacent countries in order to facilitate exchanges limited to contiguous frontier zones of services that are produced or consumed locally.
1. Each Party shall accord to services and service providers of another party treatment no less favourable than that accorded to its own like services and service providers.
2. Each Party shall comply with the requirements of paragraph 1 accord to services and service suppliers of another Party formally identical or formally different treatment to that accorded to its own like services and service providers.
3. It shall be considered that formally identical or formally different treatment less favourable if it modifies the conditions of competition in favour of services or service suppliers of the party compared to like services or service providers of another party.
405. Local Presence
No Party shall require a service provider of the other party to establish or maintain a representative office or other company or resident in its territory as a condition for the cross-border provision of a service.
1. Articles 4.03, 4.04 0405 and do not apply to:
a) Any existing measure inconsistent to maintain a Party as set out in its schedule to inconsistent existing measures (annex I);
b) The continuation or prompt renewal of any measure inconsistent referred to in subparagraph (a); or
c) The reform to any inconsistent measure referred to in subparagraph (a), provided that the amendment does not decrease the level of conformity of the measure as it was in force before the reform, and with articles 4.03 4.04 0405.
2. The parties are not required to register municipal measures.
1. Each Party shall set out in its Annex IV to Schedule (non-discriminatory quantitative restrictions), within six (6) months from the date of Entry into Force of this Treaty, any quantitative restriction it maintains that at the national level.
2. Each Party shall notify any quantitative restriction that it adopts after the date of Entry into Force of this Treaty and the restriction shall set out in its Annex IV to Schedule (non-discriminatory quantitative restrictions).
3. The Parties shall endeavour, at least every two (2) years, to negotiate the liberalization of the quantitative restrictions set out in its schedule to non-discriminatory quantitative restrictions (annex IV) In accordance with paragraphs 1 and 2.
408. Future Liberalization
With a view to achieving a progressively higher level of liberalisation, the parties undertake to conduct future negotiations, at least every two (2) years, within the Council, aimed at eliminating remaining restrictions listed in accordance with article 4.06 (1).
409. Committee on Investment and Cross-border Trade In Services
1. The Committee on investment and cross-border trade in services, whose composition stated in annex 4.09.
2. Without prejudice to Article 9.04, the Committee shall have the following functions:
a) To facilitate the exchange of information between the parties, as well as technical cooperation in the field of trade in services and investment; and
b) Consider issues of interest to the parties related to trade in services and investment discussed in international fora.
410. Proceedings
The Committee shall establish procedures for:
a) Each Party shall notify the other Party and include in its relevant annexes:
i) Non-discriminatory quantitative restrictions, in accordance with article 4.07; and
ii) Modifications to the measures referred to in article 4.06 (1); and
b) Future negotiations in order to expand and improve overall liberalization of services between the parties in accordance with article 4.08.
411. Granting Licences and Permits and Authorizations
With a view to ensuring that any measure that adopts or maintains a Party with respect to the requirements and procedures for the granting of licences and permits and authorizations to nationals of the other party does not constitute an unnecessary barrier to trade, each Party shall endeavour to ensure that such measure:
a) Based on objective and transparent criteria, such as the capacity, competence and the ability to provide a service;
b) Not more burdensome than necessary to ensure the quality of a service; and
c) Do not constitute a disguised restriction on the cross-border provision of a service.
412. Denial of Benefits
A Party may deny the benefits of this chapter to a service provider of another party, subject to prior notification and consultation, where the party establishes that the service is being supplied by a service provider that has no substantive business operations in the territory of the other party and that, in accordance with the legislation of that Party is owned or controlled by persons of a non- party.
413. Professional Services
4.13 In annex on Professional Services lays down the rules to be observed by the parties to harmonize measures that normarán professional services through the granting of authorisations for professional practice.
414. Land Transportation Services
The Parties shall develop a work programme for the purpose of enhancing land transport flows between their territories.
415. Technical Cooperation
The Parties shall cooperate with them to establish within one (1) year after the Entry into Force of this Treaty, a system for service providers to provide information concerning their markets in relation to:
a) Commercial and technical aspects of the supply of services;
b) The possibility of obtaining technology services; and
c) All those aspects that identifies the Council on Services.
416. Relationship with Multilateral Agreements on Services
1. Including the parties undertake to apply the provisions contained in the multilateral agreements on services of which they are members.
2. Notwithstanding the preceding paragraph, in the event of any inconsistency between this Agreement and this treaty, the latter shall prevail over those to the extent of the inconsistency.
Recognition of certificates