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ARTICLES

LEGAL RESOURSES

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    • Article 1136. Finality and Enforcement of an Award

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

    2. 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.

    3. A disputing party may not seek enforcement of a final award until:

  • In the case of a final award made under the ICSID Convention

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  • 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or

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  • Revision or annulment proceedings have been completed; and

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  • In the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules

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  • 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

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  • A court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal.

    • 4. Each Party shall provide for the enforcement of an award in its territory.

    5. 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 2008 (TLCAN: Art. 2008) (Request for an Arbitral Panel). The requesting Party may seek in such proceedings:

  • A determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and

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  • A recommendation that the Party abide by or comply with the final award.

    • 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention or the InterAmerican Convention regardless of whether proceedings have been taken under paragraph 5.

    7. 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 InterAmerican Convention.