20.1 In the event that the dispute(s) between the Host Contracting Party and the investor has not been resolved in accordance with the provisions of Article 18, the investor may submit the dispute(s), at his or her option:
a) to a competent court of the Host Contracting Party; or
b) to international arbitration in accordance with:
(i) the International Center for Settlement of Investment Disputes (ICSID) Convention, provided that the Contracting Parties are parties to the ICSID Convention; or
(ii) the ICSID Rules of Additional Procedure, provided that any of the Contracting Parties is a party to the ICSID Convention; or
(iii) the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).
20.2 No claim may be submitted to arbitration if more than three (3) years have elapsed since the date on which the investor first learned or should have first learned of the breach and that the investor has suffered such loss or damage.
20.3 The Contracting Parties agree to submit to arbitration in accordance with this Agreement. The investor, by virtue of establishing or continuing to manage or hold an investment in the Host Contracting Party under this Agreement, agrees to the terms and conditions of dispute resolution set forth herein.
20.4. All documents concerning the notice of intention to settle any dispute(s) under Article 19, the initiation of arbitration or petition, evidence and decisions of the local court of the Host Contracting Party shall be filed with the court in accordance with the applicable procedure.
20.5 The arbitral tribunal may, in writing or at oral hearings, take exceptional measures necessary to protect confidential business information.
20.6 The arbitral tribunal may, if necessary, request information from independent consultants or experts which may be taken into account for the purposes of dispute resolution under this Article.
20.7. A Contracting Party against which an investor is sued by an investor under this Article may assert, in support of a defense, counterclaim, right of set-off or other similar claim, that the investor acting as claimant has failed to comply with its obligations under this Agreement, including its obligations to comply with all applicable domestic measures, or that it has failed to take all reasonable steps to mitigate possible losses.
Article 21. Entry and Stay of Personnel
A Contracting Party shall, in accordance with its legislation regarding the entry and stay of non-nationals, permit natural persons of the other Contracting Party and other persons appointed or employed by investors of the other Contracting Party to enter and stay in its territory for the purpose of carrying out investment-related activities, including the issuance of work permits.
Article 22. Amendment(s)
This Agreement may be amended at any time by mutual written agreement of the Contracting Parties. Such amendment(s) shall form an integral part of this Agreement and shall enter into force in the same manner as provided for in Article 24.
Article 23. Consultation
The Contracting Parties shall consult at the request of either Contracting Party on any matter concerning the interpretation, application or implementation of this Agreement.
Article 24. Entry Into Force and Duration
24.1 Each Contracting Party shall notify the other Contracting Party in writing of the completion of its domestic processes necessary for the application of this Agreement. This Agreement shall enter into force on the date of receipt of the last such notification.
24.2 This Agreement shall remain in force for a period of fifteen (15) years. Upon expiration of this term, it shall automatically renew for successive five (5) year periods until this Agreement is terminated pursuant to Article 25.
Article 25. Termination
25.1 This Agreement may be terminated by any Contracting Party by giving not less than twelve (12) months' written notice through diplomatic channels of its intention to terminate it.
25.2 In the event of termination, the provisions of this Agreement shall continue to apply to any pending or existing obligations or projects and shall be carried out until their completion as if this Agreement were still in force.
25.3. With respect to investments made prior to the date of termination, this Agreement shall continue to apply to them for a period of fifteen (15) years after the date of such termination.
Article 26. Confidentiality
All information which the Contracting Parties decide to treat as confidential shall be treated as such unless a Contracting Party agrees in writing to waive its claim to confidentiality with respect to any particular information.
Article 27. Correspondence
All correspondence and notifications relating to this Agreement shall be exchanged through diplomatic channels.
Conclusion
In witness whereof the undersigned, being the duly appointed and authorized representatives of the Contracting Parties, have agreed and signed this Agreement.
Done and signed at Harare on January 31, 2023, in two (2) copies in the Russian and English languages, each text being equally authentic.
In case of divergence in the interpretation of the provisions of this Agreement, the English text shall be used.
For the Republic of Belarus
For the Republic of Zimbabwe