Article 18. Final Award and Enforcement of an Award
1. Where an arbitral tribunal makes a final award against a Contracting Party, the tribunal may award, separately or in combination, only:
(a) Monetary damages and any applicable interest; and
(b) Restitution of property, in which case the award shall provide that the disputing Contracting Party may pay monetary damages and any applicable interest in lieu of restitution.
A tribunal may also award costs in accordance with the applicable arbitration rules.
2. Subject to paragraph 1 above, where a claim is submitted to arbitration on behalf of an enterprise:paragraph 1 above, where a claim is submitted to arbitration on behalf of an enterprise:
(a) An award granting restitution of property shall provide that such restitution is to be made only to the enterprise;
(b) An award granting monetary damages and any applicable interests shall provide that the total amount is to be paid only to the enterprise; and
(c) The award shall provide that it is made without prejudice to any right that any person has or may have, with respect to the remedy granted, under the applicable domestic law.
3. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case.
4. The arbitral award shall be public, unless the disputing parties agree otherwise.
5. A tribunal may not award punitive damages.
6. A disputing party may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are contracting parties to these treaties.
7. Save as may be otherwise provided pursuant to any applicable proceedings to annul, revise or set aside an award, a disputing party shall abide by and comply with an award without delay.
8. A Contracting Party may not initiate proceedings in accordance with Section Two of this Chapter unless the other Contracting Party fails to abide by or comply with a final award rendered in a dispute that an investor may have submitted pursuant to this Section.Section Two of this Chapter unless the other Contracting Party fails to abide by or comply with a final award rendered in a dispute that an investor may have submitted pursuant to this Section.
Article 19. Interim Measures of Protection
A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the 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 tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in Article 11 of this Agreement. For purposes of this paragraph, an order includes a recommendation.
Article 20. Expert Report
Without prejudice to the appointment of other kinds of experts where authorised by the applicable arbitration rules, a tribunal, at the request of a disputing party or, unless the disputing parties disapprove, on its own initiative, may appoint one or more experts to report to it in writing on any factual issue concerning environmental, health, safety or other scientific matters raised by a disputing party in a proceeding, subject to such terms and conditions as the disputing parties may agree.
SECTION TWO: SETTLEMENT OF DISPUTES BETWEEN THE CONTRACTING PARTIES
Article 21. Settlement of Disputes between the Contracting Parties
1. The Contracting Parties shall endeavour to resolve any dispute between them concerning the interpretation or application of this Agreement, by means of prompt and friendly consultations and negotiations.
2. If a dispute is not resolved by such means within four months from the date on which a Contracting Party requested such negotiations or consultations, the dispute shall be submitted, at the request of either Contracting Party, to an arbitral tribunal established in accordance with the provisions of this Article or, by agreement of the Contracting Parties, to any other international tribunal.
3. The arbitral tribunal shall be composed of three arbitrators appointed as follows:
(a) Each Contracting Party shall appoint one arbitrator; and
(b) The arbitrators appointed by the Contracting Parties, within the 60 days following the date on which the second arbitrator was appointed, shall select by mutual agreement a third arbitrator who on approval by the Contracting Parties shall be appointed as chairman for the tribunal. The chairman shall be a national or a permanent resident of a third country which has diplomatic relations with the Contracting Parties.
4. A Contracting Party may submit a dispute to an arbitral tribunal by written notice delivered through diplomatic channels to the other Contracting Party. Such notice shall contain a statement setting out the legal and factual grounds of the claim, and the name of the arbitrator appointed by the Contracting Party initiating the proceedings. Within 60 days of delivering the notice, the respondent Contracting Party shall notify the other Contracting Party of the name of the arbitrator appointed by it.
5. If within the time limits provided for in paragraph 3(b) and paragraph 4 above, the required appointments have not been made or the required approvals have not been given, either Contracting Party may request the President of the International Court of Justice to make the necessary appointment. If the President is a national or permanent resident of either Contracting Party or is otherwise unable to act, the Vice-President shall be invited to make the referred appointment. If the Vice-President is a national or permanent resident of either Contracting Party or is unable to act, the Member of the International Court of Justice next in seniority who is not a national or permanent resident of either Contracting Party shall be invited to make the appointment.
6. In case any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and the successor shall have all the powers and duties of the original arbitrator.
7. Once convened by the chairman, the arbitral tribunal shall determine the place of arbitration and the commencement of the arbitral process.
8. The arbitral tribunal shall decide all questions relating to its competence and shall, subject to any agreement between the Contracting Parties, determine its own procedure.
9. The arbitral tribunal shall reach its award by a majority of votes. The arbitral tribunal shall decide the dispute submitted to it in accordance with this Agreement and the applicable rules and principles of international law.
10. Each Contracting Party shall bear the costs of its appointed arbitrator and the costs of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and other expenses associated with the conduct of the arbitration shall be borne in equal parts by the Contracting Parties. As part of its award, the arbitral tribunal may decide, however, that a higher proportion of costs shall be borne by one of the Contracting Parties.
11. The arbitral tribunal shall afford to the Contracting Parties a fair hearing. Any award shall be issued in writing and shall contain the findings of fact and law. A signed award shall be delivered to each Contracting Party. The arbitral award shall be final and binding on the Contracting Parties.
CHAPTER IV: FINAL PROVISIONS
Article 22. Application of the Agreement
1. The term investment includes all investments, whether made before or after the date of entry into force of this Agreement.
2. 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 23. Consultations
Either Contracting Party may at any time propose consultations on any matter relating to this Agreement. These consultations shall be held at a place and at a time agreed upon by the Contracting Parties.
Article 24. Application of other Rules
If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to the present Agreement contain rules, whether general or specific, entitling investments by investors of the other Contracting Party to a treatment more favourable than is provided for by this Agreement, such rules shall to the extent that they are more favourable prevail over this Agreement.
Article 25. Territorial Extension
At the time of entry into force of this Agreement, or at any time thereafter, the provisions of this Agreement may be extended to such territories for whose international relations the Government of the United Kingdom are responsible as may be agreed between the Contracting Parties through an Exchange of Notes.
Article 26. Entry Into Force
1. Each Contracting Party shall notify the other in writing of the completion of the constitutional formalities for the approval and entry into force of this Agreement.
2. This Agreement shall enter into force 30 days after the date of the latter of the two notifications referred to in paragraph 1 above.
Article 27. Duration and Termination
This Agreement shall remain in force for a period of 10 years. Thereafter it shall continue in force until the expiration of 12 months from the date on which either Contracting Party shall have given written notice of termination to the other. The provisions shall continue in effect with respect to investments for a period of 15 years after the date of termination and without prejudice to the application thereafter of the rules of general international law.
Conclusion
In witness whereof the undersigned duly authorised thereto by their respective Governments, have signed this Agreement.
DONE at VIENNA, on the 12th day of May 2006, in the English and Spanish languages, each text being equally authentic.
For the Government of the United Kingdom of Great Britain and Northern Ireland:
DAVID TRIESMAN
For the Government of the United Mexican States:
SGA
Attachments
If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in Article 11(1) or 11(2) of this Agreement to the Contracting Party's competent judicial or administrative courts, the same dispute may not be submitted to arbitration as provided in Section One, Chapter III of this Agreement.