North American Free Trade Agreement (NAFTA)

Where a Tribunal makes a final award against a Party, the Tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; (b) restitution of property, in which case the award shall provide that the disputing 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. (Article 1135(1)). Subject to paragraph 1, where a claim is made unde Article 1117(1): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise, and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. (Article 1135(2)). A Tribunal may not order a Party to pay punitive damages. (Article 1135(3)).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

Where a Tribunal makes a final award against a Party, the Tribunal may award only: (a) monetary damages and any applicable interest; or (b) restitution of property. In such case, the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution, and shall indicate the sum to be paid. (Article 17-21(1)).

Where a claim is made by an investor on behalf of an enterprise: (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise. (Articel 17-21(2)).

The award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. (Article 17-21(3)).

Common Market of the South (MERCOSUR)

Andean Pact

Caribbean Community and the Caribbean Common Market (CARICOM)