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Investment Agreements in the Western Hemisphere: A Compendium

Bilateral Free Trade Agreements


VII. Settlement of Disputes Between a Contracting Party and an Investor | D. Award | 2. Finality and Enforcement

Free Trade Agreement Between Bolivia and Mexico

The award issued by any tribunal established in accordance with this section shall be obligatory only for the disputing parties and solely with respect to the concrete case. (Article 15-36(1)).

In accordance with paragraph 3 and with the review procedure applicable to a provisional award, a disputing party shall observe and comply with the award without delay. (Article 15-36(2)).

A disputing party may request execution of a final award provided that: a) in the case of a final award issued in accordance with the ICSID Convention: i) 120 days have elapsed since the date of issue of the award without any disputing party having requested review or cancellation of same; or ii) the review or cancellation procedures have been completed; and b) in the case of a final award in accordance with the rules of the ICSID Additional Facility or the UNCITRAL Arbitration Rules: i) three months have elapsed since the date of issue of the award without any disputing party having instituted proceedings to have it reviewed, dismissed or canceled; or ii) a tribunal has dismissed the award or admitted a request for reconsideration, dismissal or cancellation of the award and there is no appeal against this decision. (Article 15-36(3)).

Each Party shall provide for the enforcement of an award in its territory. (Article 15-36(4)).

When a disputing Party fails to comply with or does not observe a final award, the Commission, upon receipt of a request from a Party whose investor was a party in the arbitration proceedings, shall form a panel in accordance with Chapter XIX (Settlement of Disputes). The requesting Party may refer to those proceedings to obtain: a) a determination to the effect that the failure to comply with or to observe the terms of the final award is contrary to the obligations assumed under this Treaty; and b) a recommendation to the effect that the Party shall adhere to and observe the final award. (Article 15-36(5)).

The disputing investor may resort to execution of an arbitration award in accordance with the ICSID Convention, the New York Convention or the Inter-American Convention, regardless of whether the proceedings envisaged in paragraph 5 have been initiated or not. (Article 15-36(6)).

For the purposes of Article 1 of the New York Convention and of Article I of the Inter-American Convention, it shall be deemed that the claim submitted to arbitration in accordance with this section arises from a commercial relationship or transaction. (Article 15-36(7)).

Free Trade Agreement Between Costa Rica and Mexico

The award issued by any tribunal established in accordance with this section shall be obligatory only for the disputing parties and solely with respect to the concrete case. (Article 13-37(1)).

In accordance with paragraph 3 and with the review procedure applicable to a provisional award, a disputing party shall observe and comply with the award without delay. (Article 13-37(2)).

A disputing party may request execution of a final award provided that: a) in the case of a final award issued in accordance with the ICSID Convention: i) 120 days have elapsed since the date of issue of the award without any disputing party having requested review or cancellation of same; or ii) the review or cancellation procedures have been completed; and b) in the case of a final award in accordance with the rules of the ICSID Additional Facility or the UNCITRAL Arbitration Rules: i) three months have elapsed since the date of issue of the award without any disputing party having instituted proceedings to have it reviewed, dismissed or canceled; or ii) a tribunal has dismissed the award or admitted a request for reconsideration, dismissal or cancellation of the award and there is no appeal against this decision. (Article 13-37(3)).

Each Party shall provide for the enforcement of an award in its territory. The award shall be enforced in accordance with the rules on enforcement of awards in the territories where said enforcement is expected. (Article 13-37(4)).

When a disputing Party fails to comply with or does not observe a final award, the Commission, upon receipt of a request from a Party whose investor was a party in the arbitration proceedings, shall form a panel in accordance with Chapter XVII (Settlement of Disputes). The requesting Party may refer to those proceedings to obtain: a) a determination to the effect that the failure to comply with or to observe the terms of the final award is contrary to the obligations assumed under this Treaty; and b) a recommendation to the effect that the Party shall adhere to and observe the final award. (Article 13-37(5)).

The disputing investor may resort to execution of an arbitration award in accordance with the ICSID Convention, the New York Convention or the Inter-American Convention, regardless of whether the proceedings envisaged in paragraph 5 have been initiated or not. (Article 13-37(6)).

For the purposes of Article 1 of the New York Convention and of Article I of the Inter-American Convention, it shall be deemed that the claim submitted to arbitration in accordance with this section arises from a commercial relationship or transaction. (Article 13-37(7)).

Free Trade Agreement Between Canada and Chile

An award made by a Tribunal shall have no binding force except between the disputing parties and in respect of the particular case. (Article G-37(1)).

Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. (Article G-37(2)).

A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date 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 or the UNCITRAL Arbitration Rules: (i)three months have elapsed from the date 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 G-37(3)).

Each Party shall provide for the enforcement of an award in its territory. (Article G-37(4)).

If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article N-08 (Request for an Arbitral Panel). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and, (b) a recommendation that the Party abide by or comply with the final award. (Article G-37(5)).

A disputing investor may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 5. (Article G-37(6)).

A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention. (Article G-37(7)).

 
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