1E9Ct5D

party of the investor, but not both, are party to the ICSID Convention; or the UNCITRALRules of Arbitration.9.3. Agreement to Strengthen the Economic Association betweenthe United Mexican States and JapanThis Agreement was signed on September 17, 2004, and entered into force on April 1,2005, once ratified by the Senate. Its objectives are the following:a) To liberalize and facilitate the trade of goods and services between the parties;b) To increase investment opportunities and strengthen investment protection andinvestment activities of the parties;c) To increase opportunities for suppliers to participate in the public sector acquisitionsof the parties;d) To promote cooperation and coordination for the effective application of the competitionlaws in each of the parties;e) To create effective procedures for the implementation and operation of this Agreementand for the resolution of disputes;f) To establish a framework to promote bilateral cooperation and improvement of thebusiness environment.The scope of application refers to the investors of the other party; the investments ofinvestors of the other party made in the territory of the party and all investments in theterritory of the party.An investor may submit a dispute to arbitration in accordance with:a) The ICSID Convention, provided both the disputing party and the party of theinvestor are parties to that Convention;b) The ICSID Additional Facility Rules with their amendments, provided that the disputingparty or the party of the investor, but not both, are parties to the ICSID Convention;c) The UNCITRAL Rules of Arbitration;d) Any other rules of arbitration agreed on by the disputing parties.363Dispute ResolutionA claim may not be submitted to arbitration if more than three years have elapsed fromthe date on which the investor first had or should have had knowledge of the presumedbreach and knowledge that the investor or enterprise has incurred loss or damage.Unless the disputing parties agree otherwise, the arbitral tribunal will carry out thearbitral proceeding in a country that is party to the New York Convention of 1958.Any arbitral award issued in accordance with the provisions mentioned in the Agreementwill be final and binding on the parties. When a disputing party does not complywith or abide by a final award, the party whose investor was a party in the arbitration