Annex 1120.1: Submission of a Claim to Arbitration

    Mexico

    With respect to the submission of a claim to arbitration:

  • An investor of another Party may not allege that Mexico has breached an obligation under:
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  • Section A or Article 1503(2) (TLCAN: Art. 1503) (State Enterprises), or
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  • Article 1502(3)(a) (TLCAN: Art. 1502) (Monopolies and State Enterprises) where the monopoly has acted in a manner inconsistent with the Party's obligations under Section A,
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    Both in an arbitration under this Section and in proceedings before a Mexican court or administrative tribunal; and

     

  • Where an enterprise of Mexico that is a juridical person that an investor of another Party owns or controls directly or indirectly alleges in proceedings before a Mexican court or administrative tribunal that Mexico has breached an obligation under:
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  • Section A or Article 1503(2) (TLCAN: Art. 1503) (State Enterprises), or
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  • Article 1502(3)(a) (TLCAN: Art. 1502) (Monopolies and State Enterprises) where the monopoly has acted in a manner inconsistent with the Party's obligations under Section A,
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    The investor may not allege the breach in an arbitration under this Section.