その他令和8年7月3日
仲裁手続に関する規定（条約抜粋）
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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) claimant waives in writin wright 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
() 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 ar
administrative tribunal or court of justice under the law of the respondent.
11.(a) When a claim is submitted under subparagraph 2(a)(i)(A) or2(b)(i)(A),
the arbitral tribunal shall decide the issues in dispute in accordance with
this Agreement and applicable rules of international law.
(b) When a claim is submitted under subparagraph 2(a)(i)(B) or 2(b)(i)(B),
the arbitral tribunal shall apply:
(i) the rules of law specified in the pertinent investment agreement, or
as the disputing parties may otherwise agree; or
(ii) if the rules of law have not been specified or otherwise agreed, the
law of the respondent, including its rules on the conflict of laws
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 or under an investment agreement referred
to in subparagraph 2(a)(i)(B) or 2(b)(i)(B) 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:
the the the the the the the the the the the the the the and the the and the the and the and the the
(1) monetary damages and applicable interest; and
() 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.1,00019,4award cost10.4attorney's10,001,00,00accordance with
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; anc
(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.The disputing parties may agree on the legal place of any arbitration under the
applicable arbitration rules. If the disputing parties fail to reach agreement, the arbitral
tribunal shall determine the place in accordance with the applicable arbitration rules
provided that the place shall be in the territory of 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
Station Com the for the coughe the the execution the eve the ehe in the in the in the ind the countr
where such execution is sought.
Article 25
Exclusions from Dispute Settlement
A decision by Japan under the Foreign Exchange and Foreign Trade Law (Law
No. 228 of 1949), as may be amended, regarding an investment that requires prior
notification under that law, including an order to alter the content of investment or
discontinue the investment process, shall not be subject to the dispute settlement
provisions under this Chapter.
Article 26
Service of Documents
1. Notices and other documents relating to arbitration under this Chapter shall be
served on a Contracting Party by delivery to:
(a) with respect to Japan, International Legal Affairs Bureau, the Ministry of
Foreign Affairs; and
(b) with respect to the Republic of Zambia, the Ministry of Foreign Affairs
and International Cooperation.
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