その他令和8年7月3日
投資協定（租税措置、環境措置、利益の拒否及び紛争解決に関する規定）
出典：官報発行サイト（内閣府）の掲載情報をもとに整理しています。重要な確認は公式原文を基準にしてください。
原文確認推奨
抽出テキストだけで判断せず、必要に応じて原文画像または PDF で確認してください。
出典・注意
官報発行サイト（内閣府）の掲載情報をもとに整理しています。重要な確認は公式原文を基準にしてください。
本文と原文の対照
まず左側の本文を読み、必要な箇所だけ原文ページで確認できる構成です。
← 同日の官報に戻る
原文対照の表示オプション
投資協定（租税措置、環境措置、利益の拒否及び紛争解決に関する規定）
左の本文を選ぶと、右側の官報原文画像で該当箇所を照合できます。
3. Nothing in this Agreement shall be construed to oblige either Contracting Party to
extend to investors of the other Contracting Party and to their investments treatment
accorded to investors of a non-Contracting Party and to their investments by virtue of
multilateral agreements in respect of protection of intellectual property rights, to which
the former Contracting Party is a party
Article 20
Taxation Measures
1. Nothing in this Agreement shall affect the rights and obligations of either
Contracting Party under any tax convention. In the event of any inconsistency between
this Agreement and any such convention, that convention shall prevail to the extent of the
inconsistency.
2. Articles 2 and 3 shall not apply to taxation measures.
Article 21
Health, Safety and Environmental Measures
and Labour Standards
Each Contracting Party recognises that it is inappropriate to encourage investment
by investors of the other Contracting Party and of a non-Contracting Party by relaxing its
health, safety or environmental measures, or by lowering its labour standards. To this
effect, each Contracting Party should not waive or otherwise derogate from such measures
or standards as an encouragement for the establishment, acquisition or expansion of
investments in its Area by investors of the other Contracting Party and of a non-
Contracting Party.
Article 22
Denial of Benefits
1. A Contracting Party may deny the benefits of this Agreement to an investor of the
other Contracting Party that is an enterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by an investor of a non-Contracting
Party and the denying Contracting Party:
(a) does not maintain diplomatic relations with the non-Contracting Party; or
(b) adopts or maintains measures with respect to the non-Contracting Party
that prohibit transactions with the enterprise or that would be violated or
circumvented if the benefits of this Agreement were accorded to the
enterprise or to its investments.
2. A Contracting Party may deny the benefits of this Agreement to an investor of the
other Contracting Party that is an enterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by an investor of a non-Contracting
Party or of the denying Contracting Party and the enterprise has no substantial business
activities in the Area of the other Contracting Party.
3. For the purposes of this Article, an enterprise is:
(a) "owned" by an investor if more than fifty percent of the equity interest in
it is beneficially owned by the investor; and
(b) "controlled" by an investor if the investor has the power to name a majority
of its directors or otherwise to legally direct its actions.
CHAPTER II
DISPUTE SETTLEMENT
Article 23
Settlement of Dispute between the Contracting Parties
1. Each Contracting Party shall accord sympathetic consideration to, and shall afford
adequate opportunity for consultation regarding, such representations as the other
Contracting Party may make with respect to any matter affecting the implementation of
this Agreement.
2. Any dispute between the Contracting Parties as to the interpretation and
application of this Agreement, not satisfactorily adjusted by diplomacy, shall be referred
for decision to an arbitration board. Such arbitration board shall be constituted for each
dispute in the following way. Within sixty days from the date of receipt by either
Contracting Party from the other Contracting Party of a note requesting arbitration of the
dispute, each Contracting Party shall appoint an arbitrator. The two arbitrators shall
select a third arbitrator who, upon approval by the Contracting Parties, shall be appointed
as the Chairperson, provided that the third arbitrator shall not be a national of either
Contracting Party. The Chairperson shall be appointed within sixty days from the date
of appointment of the other two arbitrators.
C、
....................................................................................................If the necessary appointments referred to in paragraph 2 have not been made
within the periods referred to in that paragraph, either Contracting Party may, unless
otherwise agreed, request the Secretary-General of the Permanent Court of Arbitration at
The Hague to make such appointments.
4. The arbitration board shall determine its own procedural rules, after consultation
with the Contracting Parties. The arbitration board shall decide the dispute in
accordance with this Agreement and the rules and principles of international law
applicable to the subject matter. The arbitration board shall within a reasonable period
of time reach its decision by a majority of votes. Such decision shall be final and binding.
5. Each Contracting Party shall bear the cost of the arbitrator of its choice and its
representation in the arbitral proceedings. The cost of the Chairperson of the arbitration
board in discharging his or her duties and the remaining costs of the arbitration board
shall be borne equally by the Contracting Parties.
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:
(A) an obligation under Chapter I; or
(B) an investment agreement to which the claimant is a party:
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:
(A) an obligation under Chapter I; or
(B) an investment agreement to which the enterprise is a party;
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 or of investment agreemen
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 UNCITRAL Arbitration Rules; or
(c) 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 Convention :0.0
received by the Secretary-General of ICSID;
(b) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with
the statement of claim referred to in Article 20 of the UNCITRAL
Arbitration Rules, is received by the respondent; or
Comple the and the the and the andthe the the the the the the the the the the the the the and the the and the the the and the the the
(c) under any other arbitration institution or arbitration rules selected under
asubparagraph 4(c)0.0received 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. For greater certainty, in the case
of a claim submitted pursuant to subparagraph 2(a)(1)(B) or 2(b)(1)(B), if the investment
agreement provides a provision that designates forum for dispute settlement, such
provision shall not be construed as the revocation or exclusion of such consent with
respect to a claim alleging a breach of the investment 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):
19981,0,001,000claimant consents in writing to arbitration$,,,000000,00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000accordance with
(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) subparagraph 2(b):
(1) bothe 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 confinue 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. (a) When a claim is submitted under subparagraph 2(a)(i)(A) or 2(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 claim0.0submitted under subparagraph 2(a)(i)(B) or 2(b)(i)(B),
(b) When a claim is submition under subparagraph 2(b) of 202(b) or 2(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
00000000000000000000000000000000the the the the the the the the the the the and the and the and the and the and the and the and the
()) 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
0,,00000000000000the the the the the the the the the the the the the the and the and the and the ing the and the ing
(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 referrec
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:
(1) monetary damages and applicable interest; and
(ii) restitution of property, in which case the award shall provide that
the the the the the the the the the the the the and the and the and the and the and the and
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;
$0,000000000the the the the the the the the the the the the the the the withe the mate the mate the mated the th
(b) an award of restitution of property shall provide that restitution be made
to the enterprise referred to in that subparagraph; and
p.99 / 4
読み込み中...
テキスト領域
選択中
非公開 (PII)
関連する新着公告を見逃さないために
Pro プランでは会社名・機関名・キーワードを監視条件として保存し、新着掲載を継続確認できます。14日間無料で試せます。
監視機能の詳細を見る →