V. The original amount of the transaction and subject-matter of the claim;
VI. The estimate of the amount of the obligations under the care of the supplier, and
VII. The liquid quantification of the refund for the consumer.
The estimate of the amount contained in the ruling, for execution purposes, shall be updated due to the lapse of time upon the moment when such opinion was rendered and until the moment it is paid, taking into consideration the changes of prices in the country according to the inflation adjustment factor produced by the National Consumer Price Index, and published by the Central Bank of Mexico on a monthly basis.
The executive action derived from the ruling shall be subject to a statute of limitations of one year as of its issuance.
ARTICLE 115.- The resolutions to process issued by the mediator shall not admit any remedy.
The covenants executed by the parties shall be authorized by the Agency whenever they do not contradict the law, and the resolution approving them shall not admit any remedy.
ARTICLE 116.- In case no settlement is reached, the mediator shall urge the parties to either appoint the Agency as arbitrator or to appoint an independent arbitrator to settle the dispute. For purposes of this last case, the Agency can make available the information on independent arbitrators to the parties.
In case the arbitration is not accepted, the rights of both parties shall be left intact.
ARTICLE 117.- The Agency may act as arbitrator between consumers and suppliers whenever the interested parties appoint it as such without requiring any prior claim or settlement procedure, and observing the principles of legality, equity and fairness between the parties.
With respect to the individuals or legal entities indicated in the first subsection of Article 2 of this Law that acquire, store, use or consume goods or services in order to incorporate them into manufacturing, transformation and marketing processes, or to render services to third parties, the Agency may act as arbitrator, provided the amount of the transaction subject-matter of the claim does not exceed $ 319,447.46.
ARTICLE 118.- The appointment of an arbitrator shall be recorded in a minute with the Agency, which shall also indicate clearly the essential matters under dispute and whether the arbitration is held strictly constructing the law or as an amicable dispute resolution.
ARTICLE 119.- In an amicable dispute resolution, the matters of the arbitration shall be established, and the arbitrator shall be free to render a resolution in all reason, fairness and good faith, not subject to legal rules, but observing the essential formalities of the procedure. The arbitrator shall be empowered to gather all the elements deemed advisable to resolve the matters submitted before him. No time limits or collateral issues shall be admitted.
ARTICLE 120.- In the arbitration procedure held by strictly constructing the law, the parties shall make a commitment whereby they shall set the rules for the procedure according to the principles of legality, fairness and equality between the parties. If the parties do not propose them, or if they do not have reached an agreement, the arbitrator shall establish them. In any case, the Commerce Code (Código de Comercio) shall be applied in a supplementary manner, and in absence of a suitable provision in such Code, the applicable local civil procedural ordinance shall be applied.
33 of 38