Article 14. Consolidation
1. Subject to the written consent of the Contracting Party in whose territory the investment is made, the Secretary-General of ICSID may establish a consolidation tribunal under the UNCtTRAL Arbitration Rules, which shall conduct its proceedings in accordance with such rules, except as modified by this Section.
2. In the interest of a fair and efficient resolution, and unless the interests of any disputing party are seriously harmed, a tribunal established under this Article may consolidate the proceedings when:
(a) two or more investors in relation with the same investment submit a claim to arbitration under this Section, or
(b) two or more claims arising from common legal or factual issues are submitted to arbitration.
3. Upon request of a disputing party, a tribunal established under Article 11, awaiting the determination of the consolidation tribunal in accordance with paragraph 4 below, may stay the proceedings that It had initiated.
4. A tribunal established under this Article, after hearing the disputing parties, may determine to:
(a) Assume jurisdiction over, and hear and determine together, all or part of the claims, or
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(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.
5. A tribunal established under Article 11 shall lack jurisdiction to hear and determine a claim, or a part thereof, over which a consolidation tribunal has assumed jurisdiction.
6. A disputing party that intends consolidation of a claim under this Article may request to the Secretary-Genera! of ICSID the establishment of a tribunal, and shali specify in its request:
(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 grounds on which the order is sought.
7. A disputing party shall deliver a copy of its request to the disputing Contracting Party or to any disputing investor to the proceedings sought to be consolidated.
8. Within sixty (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 a non-Contracting Party. Nothing in this paragraph shali prevent the disputing investors and the disputing Contracting Party from appointing the members of the tribunal by a special agreement.
9. Where a disputing investor has submitted a claim to arbitration under Article 11 and has not been named in a request made under paragraph 6 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 4 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 grounds on which the order is sought.
10. A disputing investor referred to in paragraph 9 above shall deliver a copy of its request to the disputing parties named in a request under paragraph 6 above.
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Article 15. Place of Arbitration
Upon request of any disputing party, an arbitration under this Section shall be held in a State that is party to the New York Convention. Unless the disputing parties have agreed upon the place of arbitration, arbitration proceedings shall be held at places referred in Articles 62 and 63 of the ICSID Convention.
Article 16. Indemnification
In an arbitration under this Section, a disputing Contracting Party shall not assert as a defense, counterclaim, right of setoff or otherwise, that the disputing investor has received or will receive, pursuant to an insurance or guarantee contract, indemnification or other compensation for all or part of its alleged damages,
Article 17. Applicable Law
1. A tribunal established under this Section shall decide the issues in dispute in accordance with this Agreement and the applicable rules and principles of international law.
2. An interpretation jointly formulated and agreed upon by the Contracting Parties with regard to any provision of this Agreement shall be binding on any tribunal established thereunder.
Article 18. Finality and Enforcement of Awards
1. Unless the disputing parties agree otherwise, an award which provides that a Contracting Party has breached its obligations pursuant to this Agreement may only award, separately or in combination:
(a) monetary damages and any applicable interest, or
(b) restitution in kind, provided that the Contracting Party may pay pecuniary compensation in lieu thereof.
2. When a claim is submitted to arbitration on behalf of an enterprise:
(a) an award of restitution in kind shall provide that restitution be made to the enterprise;
(b) an award of monetary damages and any applicable interest shall provide that the total amount be paid 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 applicable domestic law.
3. Arbitral awards shall be final and binding solely between the disputing parties and with respect to the particular rase.
4. A tribunal may not award punitive damages.
5. A disputing investor may seek enforcement of an arbitral award under the ICSID Convention or the New York Convention if both Contracting Parties are parties to such treaties.
6. 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:
(i) one hundred and twenty (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 (3) 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.
7. A Contracting Party may not initiate proceedings in accordance with Section Two by reason of an alleged breach under this Section, unless the other Contracting Party faiis to abide by or comply with a final award rendered in a dispute that such investor may have submitted pursuant to this Section.
Article 19.
Public Access to Documents
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Esther disputing party may make available to the public in a timely manner all documents, including an award, submitted to, or issued by, a Tribunal established under this Section to the extent permitted by the domestic law of a Contracting Party, subject to redaction of:
(a) confidential business information;
(b) information which is privileged or otherwise protected from disclosure under the applicable law of either Party, and
(c) information which the Party must withhold pursuant to the relevant arbitral rules, as applied.
Article 20. Transparency of Arbitral Proceedings
1. A disputing Contracting Party shali, after receiving the following documents, to the extent permitted by the domestic law of a Contracting Party, promptly transmit them to the non-disputing Contracting Party and make them available to the public:
(a) the notice of intent;
(b) the notice of arbitration;
(c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party;
(d) minutes or transcripts of hearings of the tribunal, where available, and
(e) Orders, awards, and decisions of the tribunal.
2. To the extent permitted by the domestic law, the tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing Contracting Party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure.
3. Any protected information that is submitted to the tribunal shali be protected from disclosure in accordance with the following procedures:
(a) Subject to subparagraph (d), neither the disputing Contracting Parties nor the tribunal shall disdose to any non-disputing Contracting Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b);
(b) To the extent permitted by the domestic law any disputing Contracting Party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal;
(c) A disputing Contracting Party shall, at the same time that it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Contracting Parties and made public in accordance with paragraph 1, and
(d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information, if the tribunal determines that such information was not property designated, the disputing Contracting Party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing Contracting Party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing Contracting Party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information.
4. Nothing in this Section requires a disputing Contracting Party to withhold from the public information required to be disclosed to the extent permitted by the domestic law.
Section TWO. Settlement of Disputes between the Contracting Parties
Article 21. Scope
This Section applies to the settlement of disputes between the Contracting Parties arising from the interpretation or application of the provisions of this Agreement.
Article 22. Consultations and Negotiations
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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, either Contracting Party may submit such dispute to an arbitral tribunal established in accordance with this Section or, by agreement of the Contracting Parties, to any other international tribunal
Article 23. 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 pursuant to Article 22, 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 delivery of such notice, the respondent Contracting Party shall notify the requesting Contracting Party the name of its appointed arbitrator.
3. Within thirty (30) days following the date on 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 chairman of the arbitral tribunal upon approval of the Contracting Parties.
4. If within the time limits set forth in paragraphs 2 and 3 above, tine 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 after consultation with both Contracting Parties. 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 said appointments. If the Vice-President is a citizen or a permanent resident of either Contracting Party, or he or she is otherwise 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 appointments.
5. In case an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as 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 24. Proceedings
1. Unless the Contracting Parties agree otherwise, the place of arbitration shall be determined by the tribunal.
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.
3. At any stage of the proceedings, 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 25. Award
1. The arbitral tribunal shali reach its decision by majority vote. The award shali 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 26. Applicable Law
A tribunal established under this Section shall decide the issues in dispute in accordance with this Agreement and the applicable rules and principles of international law.
Article 27. Costs
Each Contracting Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the coduct of the arbitration shall be borne equally between the Contracting Parties, unless the arbitral tribunal decides that a higher proportion of the costs be borne by one of the Contracting Parties.
Chapter IV. Final Provisions
Article 28. Application of the Agreement
This Agreement applies to investments made before or after its entry into force, but not to claims arising out of events which occurred, or claims which had been settled, prior to that date.
Article 29. 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, including consultations regarding an amendment of this Agreement.
Article 30. 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 31. Entry Into Force, Duration and Termination
1. The Contracting Parties shall notify each other in writing through diplomatic m channels the fulfillment of their constitutional requirements in relation to the M approval and entry into force of this Agreement.
2. This Agreement shali enter into force thirty (30) days after the date of the reception §
Of the latter of the two notifications referred to in paragraph 1 above. K
3. This Agreement shall remain in force for a period of ten (10) years renewable for jj|
Equal periods of time, unless either of the Contracting Parties gives in writing the M
Notice for termination of the Agreement Thereafter it shall continue in force until the s
Expiration of twelve (12) months from the date on which either Contracting Party
Shali have given written notice of its decision to terminate it to the other Contracting 33 Party.
4. This Agreement shall continue to be effective for a period of ten (10) years from the date of termination only with respect to investments made prior to such date.
5. Any amendments agreed by the Contracting Parties pursuant to Article 29 shall come into effect pursuant to the procedures set forth in paragraphs 1 and 2 of this Article.
Done in the city of Dubai, on January 19, 2016, in duplicate, in the Arabic, English and Spanish languages, ail texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES
FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES
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Financial Affairs
Annex to Article 10 paragraph 2
1. The notice of intent referred to in Article 10 paragraph 2 shall be delivered:
In the case of the United Mexican States, at the Direcoion General de Consuitorfa dundica de Comerdo Internacional of the Ministry of Economy, and
In the case of the United Arab Emirates, at the International Financial Relations Department of the Ministry of Finance.
2. The disputing investor shall submit the written notice of intent in Arabic, English or Spanish, 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 fadlitate 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, whefe 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 investors owns or controls:
(i) The applicable document of incorporation or organization of the enterprise under the Saw of tine 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.