その他令和8年7月3日
投資家と締約国間の投資紛争の解決（第24条）
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Article 24
Settlement of Investment Disputes
between a Contracting Party
and an Investor of the Other Contracting Party
1. In the event of an investment dispute between the claimant and the respondent,
they should initially seek to resolve the dispute through consultation and negotiation,
which may include the use of non-binding, third-party procedures.
2. In the event that a disputing party considers that an investment dispute cannot be
settled by consultation and negotiation:
(a) the claimant, on its own behalf, may submit to arbitration under this Article
a claim:
(i) that the respondent has breached an obligation under Chapter I;
and
(ii) that the claimant has incurred loss or damage by reason of, or
arising out of, that breach; and
(b) the claimant, on behalf of an enterprise of the respondent that is a legal
person that the claimant owns or controls directly or indirectly, may submit
to arbitration under this Article a claim:
(i) that the respondent has breached an obligation under Chapter I;
and
(ii) that the enterprise has incurred loss or damage by reason of, or
arising out of, that breach.
3. At least ninety days before submitting any claim to arbitration under this Article,
a claimant shall deliver to the respondent a written notice of its intention to submit the
claim to arbitration (hereinafter referred to as "notice of intent"). The notice of intent
shall specify:
(a) the name and address of the claimant and, in the case of subparagraph 2(b),
the name, address and place of incorporation of the enterprise;
(b) for each claim, the provision of Chapter I alleged to have been breached
and any other relevant provisions;
(c) the legal and factual basis for each claim; and
(d) the relief sought and the approximate amount of damages claimed.
4. Provided that six months have elapsed since the events giving rise to the claim, a
claimant may submit a claim referred to in paragraph 2 to the arbitration:
(a) under the ICSID Convention, provided that the Contracting Parties are
parties to the ICSID Convention;
(b) under the ICSID Additional Facility Rules, provided that:
(i) none of the Contracting Parties is a party to the ICSID Convention;
OT
(ii) Contracting Party, but but not noth, is a party to to the ICSID
Convention;
(c)under the UNCITRAL Arbitration Rules; or
(d) if the disputing parties agree, under any other arbitration institution or
arbitration rules
5. A claim shall be deemed submitted to arbitration under this Article when the
claimant's notice of or request for arbitration (hereinafter referred to as "notice of
arbitration ):
(a) referred to in paragraph 1 of Article 36 of the ICSID Convention0.0
received by the Secretary-General of ICSID;
(b) referred to in Rule 2 of the ICSID Additional Facility Arbitration Rules is
received by the Secretary-General of ICSID;
(c) referred to in Article 3 of the UNCTTRAL Arbitration Rules, together with
the statement of claim referred to in Article 20 of the UNCITRAL
Arbitration Rules, is received by the respondent; or
(d) under any other arbitration institution or arbitration rules selected under
subparagraph 4(d) is received by the respondent, unless otherwise
specified by such institution or in such rules.
6. Each Contracting Party hereby consents to the submission of a claim to arbitration
under this Article in accordance with this Agreement
7. Notwithstanding paragraph 6, no claim may be submitted to arbitration under this
Article if more than three years have elapsed from the date on which the claimant first
acquired, or should have first acquired, knowledge of the breach alleged under paragraph
2 and knowledge that the claimant in the case of subparagraph 2(a) or the enterprise
referred to in subparagraph 2(b) in the case of that subparagraph has incurred loss or
damage.
8. No claim may be submitted to arbitration under this Article unless:
(a) in the case of subparagraph 2(a):
(i) the claimant consents in writing to arbitration in accordance with
the procedures set out in this Article; and
(ii) the claimant waives in writing any right to initiate or continue
before any administrative tribunal or court of justice under the law
of either Contracting Party, or other dispute settlement procedures,
any proceedings with respect to any measure alleged to constitute
a breach referred to in subparagraph 2(a)(1); and
(b) (b) (b)11the case of subparagraph 2(b):
(i) both the claimant and the enterprise referred to in that
subparagraph consent in writing to arbitration in accordance with
the procedures set out in this Article; and
(ii) both the claimant and the enterprise referred to in that
subparagraph waive in writing any right to initiate or continue
before any administrative tribunal or court of justice under the law
of either Contracting Party, or other dispute settlement procedures,
any proceedings with respect to any measure alleged to constitute
a breach referred to in subparagraph 2(b)(i).
9. The waiver provided pursuant to subparagraph 8(a)(ii) or 8(b)(ii) shall cease to
apply where the arbitral tribunal rejects the claim on the basis of a failure to meet the
requirements of paragraph 3, 4, 7 or 8, or on any other procedural or jurisdictional grounds
10.Notwithstanding subparagraphs 8(a)(ii) and 8(b)(ii), the claimant or the enterprise
referred to in subparagraph 2(b) may initiate or continue an action that seeks interim
injunctive relief that does not involve the payment of monetary damages before an
administrative tribunal or court of justice under the law of the respondent.
11. When a claim is submitted under subparagraph 2(a) or 2(b), the arbitral tribunal
shall decide the issues in dispute in accordance with this Agreement and applicable rules
of international law.
12. The respondent shall deliver to the non-disputing Party:
(a) notice of arbitration no later than thirty days after the date on which the
claim was submitted; and
(b) copies of all pleadings filed in the arbitration.
13. The non-disputing Party may, upon written notice to the disputing parties, make
submissions to the arbitral tribunal on a question of interpretation of this Agreement.
14. In an arbitration under this Article, the respondent shall not assert, as a defence.
counterclaim, right of setoff or otherwise, that the claimant has received or will receive
indemnification or other compensation for all or part of the alleged damages pursuant to
an insurance or guarantee contract.
15. The arbitral tribunal may award only:
(a) a judgement whether or not there has been a breach by the respondent of
any obligation under Chapter I with respect to the claimant and its
investments; and
(b) one or both of the following remedies, only if there has been such a breach:
19,81,000the the the the the the the the the the interest the ing the ing the ing the interest the interests$,,,00,,00Marted Proment10,00
(1) monetary damages and applicable interest; and
(ii) restitution of property, in which case the award shall provide that
the respondent may pay monetary damages and any applicable
interest, in lieu of restitution.
The arbitral tribunal may also award cost and attorney's fees in accordance with
applicable arbitration rules.
16. Subject to paragraph 15, in the case of subparagraph 2(b):
(a) an award of monetary damages and any applicable interest shall provide
that the sum be paid to the enterprise referred to in that subparagraph;
(b) an award of restitution of property shall provide that restitution be made
to the enterprise referred to in that subparagraph; and
(c) the award shall provide that it is made without prejudice to any right that
any natural person or enterprise may have in the relief under applicable
law.
17. The respondent may make available to the public in a timely manner all
documents, including an award, submitted to, or issued by, an arbitral tribunal established
under paragraph 4, subject to redaction of:
(a) confidential business information;
(b) information which is privileged or otherwise protected from disclosure
under the laws and regulations of either Contracting Party; and
(c) information which shall be withheld pursuant to the relevant arbitration
rules.
18.Unless the disputing parties agree otherwise, the place of arbitration shall be in a
country that is a party to the New York Convention.
19. The award rendered by the arbitral tribunal shall be final and binding upon the
disputing parties. This award shall be executed in accordance with the applicable laws
and regulations, as well as relevant international law including the ICSID Convention and
the New York Convention, concerning the execution of award in force in the country
where such execution is sought.
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