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proceeding may request a decision as to whether the failure to comply with or abide bythe terms of the final award is incompatible with the obligations of this Agreement; anda recommendation that the party abide by or comply with the final award.10. Agreements for the Reciprocal Promotionand Protection of Investments364C H A P T E R X X I IAs can be seen from the free trade agreements that Mexico has executed, investmentarbitration has gained much importance in this country. However, this type of arbitrationis not limited to free trade agreements. It has also been extended to all internationalagreements adopted by Mexico with other countries for the reciprocal protection ofinvestment, in which express reference is made to arbitration as a means for dispute resolutionbetween an investor and the State receiving the investment.Among the agreements for the Reciprocal Promotion and Protection of Investments(Acuerdos para la Promoción y Protección Recíproca de las Inversiones, APPRIS, or BilateralTrade Agreements [BITs] in English) signed and ratified by Mexico are those executedwith Spain, Switzerland, Argentina, the Netherlands, Austria, Germany, the Belgian-LuxemburgEconomic Union, France, Finland, Uruguay, Portugal, Denmark, Italy, Sweden,South Korea, the Greek Republic, Cuba, and the Czech Republic, among others.The principal matters addressed in the BITs are definition of investment, promotionand admission, scope of application, treatment of investments, expropriation, transfers,resolution of investor–State and State-State disputes, and final provisions.The agreements generally provide for the submission to arbitration of disputes relatedto a breach of the agreement between a national investor of a State party and the Stateparty that receives the investment. The majority of the BITs follow the same outline, andtherefore a generic description of the dispute resolution procedure to which theinvestors protected by such agreements have direct access will be provided below.The investor of a party may submit on its own behalf an arbitration claim when the otherparty has breached an obligation established in the Agreement, provided the investor or itsinvestment has suffered loss or damage by virtue of the breach or as a consequence thereof.The action to initiate the claim expires after a certain number of years from the date onwhich the investor had knowledge or should have had knowledge of the presumed breach.10.1. Submission to ArbitrationProvided that six months have elapsed from when the acts resulting in the claim tookplace and the disputing investor has given notice 90 days in advance to the contractingparty of its intention to submit the claim to arbitration, the disputing investor may submitthe claim to arbitration in accordance with:

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