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Free Trade Agreement Between Bolivia and Mexico

Each Party shall permit transfers to be made in a freely convertible currency at the exchange rate prevailing on the market on the date of transfer. (Article 15-08(2)).

The compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation measure is put into effect ("date of expropriation"), and shall not reflect any change in value due to the intention to expropriate having been known prior to the date of expropriation. The valuation criteria shall include the declared taxable value of tangible assets, together with such other criteria as are deemed appropriate for determining the fair market value. (Article 15-09(2)).

The payment of the compensation shall be made without delay and shall be fully realizable. (Article 15-09(3)).

In accordance with this section, only an investor from one Party, acting for his own account or on behalf of an enterprise of the other Party that is a juridical person owned by him or under his direct or indirect control, may submit to arbitration a complaint the basis for which is that the other Party or an enterprise directly or indirectly controlled by that Party has allegedly violated an obligation specified in this chapter, provided the enterprise has suffered losses or harm due to the violation or as a result of it. (Article 15-19(1)).

The investor may not submit a complaint in accordance with this section if more than three years have elapsed since the date on which he become aware of or should have been aware of the alleged violation against his investment, and of the losses or harm suffered. (Article 15-19(2)).

When an investor submits a complaint on behalf of an enterprise that is a juridical person owned by him or under his direct or indirect control, and at the same time an investor who does not control an enterprise submits a complaint for his own account as a result of the same acts, or two or more complaints are submitted to arbitration on account of the same measure adopted by a Party, the consolidation tribunal established in accordance with Article 15-27 shall examine these complaints jointly, except when that tribunal determines that the interests of one disputing party would suffer thereby. (Article 15-19(3)).

When an enterprise from one Party that is a juridical person owned by one or more investors from the other Party or under their direct of indirect control, alleges in proceedings before a judicial court that the other Party has violated an obligation specified in Section A, the investor or investors may not allege the presumed violation in arbitration proceedings in accordance with this section. (Article 15-19(4))

An investment or an enterprise may not submit a complaint to arbitration in accordance with this section. (Article 15-19(5)).

A disputing investor, acting for his own account or on behalf of an enterprise, may submit a claim to arbitration in accordance with this section, solely if: a) in the case of the disputing investor acting for his own account, he consents to submit himself to arbitration according to the procedures laid down in this section; b) in the case of the disputing investor acting on behalf of an enterprise, both the disputing investor and the enterprise consent to submit themselves to arbitration according to the procedures laid down in this section; and c) both the disputing investor and, if applicable, the enterprise he represents, renounce their right to initiate proceedings before any judicial court of either Party with respect to the measure allegedly violating the provisions of this chapter, except the submission of appeals, provided for in the disputing Party=s legislation, to the executive authorities who are charged with implementing the measure causing the alleged violation. (Article 15-22(1)).

The consent and waiver required by this Article shall be expressed in writing, delivered to the disputing Party and shall be included in the submission of a claim to arbitration. (Article 15-22(2)).

Free Trade Agreement Between Costa Rica and Mexico

Except for the provisions included in the annex to this Article, and in accordance with this section, only an investor from one Party, acting for his own account or on behalf of an enterprise of the other Party that is a juridical person owned by him or under his direct or indirect control, may submit to arbitration a complaint the basis for which is that the other Party or an enterprise directly or indirectly controlled by that Party has allegedly violated an obligation specified in this chapter, provided the enterprise has suffered losses or harm due to the violation or as a result of it. (Artículo 13-19(1)).

The investor may not submit a complaint in accordance with this section if more than three years have elapsed since the date on which he become aware of or should have been aware of the alleged violation against his investment, and of the losses or harm suffered. (Artículo 13-19(2)).

The consent to arbitration of the disputing parties in accordance with this chapter will be deemed as a consent to said arbitration to the exclusion of any other mechanism. (Article 13-22(1)).

A Party may require that administrative remedies be exhausted as a condition for its consent to arbitration in accordance with this chapter. However, if six months have elapsed since the administrative procedures were initiated without the administrative authorities having arrived to a decision, the investor may submit the claim directly to arbitration, in accordance with this section. (Article 13-22(2)).

When an investor submits a complaint on behalf of an enterprise that is a juridical person owned by him or under his direct or indirect control, and at the same time an investor who does not control an enterprise submits a complaint for his own account as a result of the same acts, or two or more complaints are submitted to arbitration on account of the same measure adopted by a Party, the consolidation tribunal established in accordance with Article 13-28 shall examine these complaints jointly, except when that tribunal determines that the interests of one disputing party would suffer thereby. (Article 13-19(3)).

An investment or an enterprise may not submit a complaint to arbitration in accordance with this section. (Article 13-19(4)).

A disputing investor, acting for his own account or on behalf of an enterprise, may submit a claim to arbitration in accordance with this section, solely if: a) in the case of the disputing investor acting for his own account, he consents to submit himself to arbitration according to the procedures laid down in this section; b) in the case of the disputing investor acting on behalf of an enterprise, both the disputing investor and the enterprise consent to submit themselves to arbitration according to the procedures laid down in this section; and c) both the investor and the enterprise of the other Party renounce their right to initiate proceedings before any judicial court of either Party with respect to the measure allegedly violating the provisions of this chapter, except the submission of appeals, provided for in the disputing Party=s legislation, to the executive authorities who are charged with implementing the measure causing the alleged violation. (Article 13-22(3)).

The consent and waiver required by this Article shall be expressed in writing, delivered to the disputing Party and shall be included in the submission of a claim to arbitration. (Article 13-22(4)).

Free Trade Agreement Between Canada and Chile

An investor of a Party, on his own behalf or on behalf of an enterprise of the other Party that is a juridical person that the investor owns or controls directly or indirectly, may submit to arbitration under this Section a claim that the other Party has breached an obligation under Section I (Investment) or Article J-03(2) (State Enterprises) or Article J-02(3)(a) (Monopolies and State Enterprises), and that the investor or the enterprise has incurred loss or damage by reason of, or arising out of, that breach. (Article G-17(1) and G-18(1)).

An investor may not make a claim if more than three years have elapsed from the date on which the investor or the enterprise first acquired, or should have first acquired, knowledge of the alleged breach and knowledge that the investor has incurred loss or damage. (Articles G-17(2) and G-18(2)).

Where an investor makes a claim on behalf of an enterprise and the investor or a non-controlling investor in the enterprise makes a claim under Article G-17 arising out of the same events that gave rise to the claim, and two or more of the claims are submitted to arbitration, the claims should be heard together by a Tribunal established under Article G-27 (Consolidation), unless the Tribunal finds that the interests of a disputing party would be prejudiced thereby. (Article G-18(3)).

An investment may not make a claim under this Section. (Article G-18(4)).

An investor of a Party may submit a claim under Article G-17 (Investor on its Own Behalf) to arbitration only if:

(a) the investor consents to arbitration in accordance with the procedures set out in this Agreement; and, (b)the investor and, where the claim is for loss or damage to an interest in an enterprise of the other Party that is a juridical person that the investor owns or controls directly or indirectly, the enterprise, waive their right to initiate or continue before any administrative tribunal or court under the law of a Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Party that is alleged to be a breach referred to in Article G-17, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the disputing Party. (Article G-22(1)).

A disputing investor may submit a claim under Article G-18 (Investor on Behalf of an Enterprise) to arbitration only if both the investor and the enterprise: (a) consent to arbitration in accordance with the procedures set out in this Agreement; and (b) waive their right to initiate or continue before any administrative tribunal or court under the law of a Party, or other dispute settlement procedures, any proceedings with respect to the measure of the disputing Party that is alleged to be a breach referred to in Article G-18, except for proceedings for injunctive, declaratory or other extraordinary relief, not involving the payment of damages, before an administrative tribunal or court under the law of the disputing Party. (Article G-22(2)).

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