その他令和8年7月3日
投資関連仲裁手続きに関する規定（条約・協定条文）
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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) in the 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)(1).
9.Notwithstanding paragraph 5 and 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.
10. 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
11. The respondent shall deliver to the non-disputing Party:
a) the claimant's notice of or request for 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.
12. 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
13. 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.
14. 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:
(i) 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.
15. Subject to paragraph 14, 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.
16. 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.
17. Unless the disputing parties agree otherwise, the place of arbitration shall be in a
country that is a party to the New York Convention.
18.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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