Article 15. Other Proceedings
1. If other dispute settlement procedures have been initiated by an entity or individual related to the Investor party to the Investor-State Dispute with respect to any Measures alleged to be in breach of this Agreement and if such other procedures are pending on the date of commencement of the arbitration proceedings pursuant to Article 14 above, the arbitral tribunal established under Article 14 shall stay the arbitration proceedings until the end of such other proceedings.
2. Upon completion of such other proceedings initiated by an entity or individual related to the Investor party to the Investor-State Dispute, the arbitral tribunal established under Article 14 shall proceed with the arbitration proceedings and take into account the outcome of such other proceedings in the interest of avoiding conflicting decisions, in order to ensure the fair and efficient resolution of the Investor-State Dispute, and in particular to avoid double recovery.
Article 16. Summary Dismissal
1. The Contracting Party to an Investor-State Dispute may, no later than sixty (60) days after the constitution of the arbitral tribunal established under Article 14 of this Agreement, and in any event before the arbitral tribunal issues any first procedural decision, submit an application for summary dismissal of a claim on the basis that such claim is manifestly outside the jurisdiction of the arbitral tribunal, is manifestly inadmissible or is manifestly without legal merit.
2. The arbitral tribunal shall afford the parties to the Investor-State Dispute the opportunity to present written observations on the application.
3. If the arbitral tribunal decides that the claim is manifestly outside its jurisdiction is manifestly inadmissible or is manifestly without legal merit, it shall render an award to that effect.
4. The decision of the arbitral tribunal shall be without prejudice to the right of the Contracting Party in the Investor-State Dispute to object to a claim in the course of the arbitral proceedings on the basis that such claim is outside the jurisdiction of the arbitral tribunal, is inadmissible or is without legal merit.
5. If the arbitral tribunal dismisses the claim of the Investor on the basis that it manifestly outside the jurisdiction of the arbitral tribunal, is manifestly inadmissible or is manifestly without legal merit, the arbitral tribunal shall award the Contracting Party in the Investor- State Dispute all costs and fees incurred in the arbitral proceedings including those for legal representation and assistance, except where the arbitral tribunal finds such costs and fees to be manifestly unreasonable.
Article 17. Applicable Law
1. An arbitral tribunal established under Article 14 of this Agreement to hear an Investor- State Dispute shall decide the issues in dispute in accordance with this Agreement, the principles and rules of public international law, and the domestic law of the Contracting Party in whose Territory the Investment has been made.
2. A joint interpretation of this Agreement, agreed upon by the Contracting Parties and received in a timely manner in accordance with Article 14, shall be binding on the arbitral tribunal.
Article 18. Ethical Duties of Members of the Arbitral Tribunal and Any of Their Assistants
1. Without prejudice to any other obligation incumbent upon the members of the arbitral tribunal established under Article 14 of this Agreement, or upon their assistants, under the applicable arbitration rules, arbitrators and their assistants shall disclose any fact or circumstance which could reasonably give rise to justifiable doubts as to their impartiality or independence.
2. For the avoidance of doubt, arbitrators and their assistants shall disclose any relationship with any individual or entity having a direct economic interest in the Investor-State Dispute.
3. The foregoing disclosure obligation is a continuing duty applicable at any stage of the arbitration proceedings in relation to the Investor-State Dispute.
4. Arbitrators and their assistants shall also comply with the International Bar Association Guidelines on Conflicts of Interests in International Arbitration, as in force on the day of constitution of the arbitral tribunal.
Article 19. Joint Interpretation
1. An arbitral tribunal established under Article 14 of this Agreement shall, on its own initiative or upon a request of either party to an Investor-State Dispute made within one hundred twenty (120) days from the constitution of the arbitral tribunal, request a joint interpretation by the Contracting Parties of any provision of this Agreement.
2. A joint interpretation of the Contracting Parties received no later than ninety (90) days starting from receipt by the Contracting Parties of the request for such joint interpretation by an arbitral tribunal established under Article 14 of this Agreement shall be binding on said arbitral tribunal.
3. Any joint interpretation of the Contracting Parties regarding this Agreement shall be made public and be binding on all arbitral tribunals established under Article 14 of this Agreement after the publication of any such joint interpretation.
Article 20. Enforcement of Arbitral Awards
1. An arbitral award rendered by an arbitral tribunal established under Article 14 of this Agreement shall be binding upon the parties to the Investor-State Dispute.
2. Subject to paragraph (3), parties to an Investor-State Dispute shall abide by and comply with any arbitral award rendered by an arbitral tribunal established under Article 14 of this Agreement without delay.
3. Parties to an Investor-State Dispute shall not seek the enforcement of a final award rendered by an arbitral tribunal established under Article 14 until:
a. In the case of a final award rendered under the ICSID Convention:
i. 120 days have elapsed from the date the award was rendered and no request has been made that the award be revised or annulled, or
ii. Revision or annulment proceedings have been concluded; and
b. In the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or any other arbitration rules to which the parties to an Investor-State Dispute have agreed pursuant to Article 14 :
i. 90 days have elapsed from the date the award was rendered and no proceeding to revise, set aside or annul the award has been commenced, or
ii. A court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal.
Article 21. Settlement of Disputes between the Contracting Parties
1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiations.
2. If a dispute under paragraph I of this Article cannot be settled within six months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal of three members.
3. Such arbitral tribunal shall be constituted ad hoc. Each Contracting Party shall appoint one member and these two members shall agree upon a national of a third State as their chairman with whom both countries have a diplomatic relation. Such members shall be appointed within two months from the date one Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two further months.
4. If the periods specified in paragraph 3 of this Article are not observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either of the Contracting Parties or if he is otherwise prevented from discharging the said function, the Vice-president or in case of his inability the member of the International Court of Justice next in seniority according to the Rules of the Court should be invited under the same conditions to make the necessary appointments. The appointed judge should be a national of a State that has diplomatic relations with the Contracting parties.
5. The arbitral tribunal shall establish its own rules of procedure unless the Contracting Parties decide otherwise.
6. The arbitral tribunal shall reach its decision in virtue of this Agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes; the decision shall be final and binding.
7. Each Contracting Party shall bear the costs of its own member and of its legal representation in the arbitration proceedings. The costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The tribunal may, however, in its award determine another distribution of costs.
Article 22. Application of other Rules
Without prejudice to Articles I paragraph 2, 5 and 6, if the legislation of either Contracting Party or obligations between the Contracting Parties under international law existing at present or established hereafter between the Contracting Parties, in addition to this Agreement, contain rules whether general or specific, entitling investments made by investors of the other Contracting Party to a treatment more favourable than is provided for by this Agreement, such rules shall to the extent that they are more favourable to the investor, prevail over this Agreement.
Article 23. Consultations
The Contracting Parties shall, on the request of either, hold consultations on any matter relating to the implementation or application of this Agreement at a place and a time to be agreed upon through diplomatic channels.
Article 24. Limitation of Benefits
1. Benefits of this Agreement shall not be available to an investor of a Contracting Party, if the main purpose of the acquisition of the nationality of that Contracting Party was to obtain benefits under this Agreement that would not otherwise be available to the investor including the planning of nationality through intermediary countries.
2. Prior to denying the benefits of this Agreement, the denying Contracting Party shall notify the other Contracting Party.
Article 25. Entry Into Force, Amendments, Duration and Termination
1. This Agreement shall enter into force on the date of receipt of the latter notification through diplomatic channels by which either Contracting Party notifies the other Contracting Party that its internal legal requirements for the entry into force of this Agreement have been fulfilled.
2. This Agreement may be amended in writing by the mutual consent of the Contracting Parties. Such amendments shall enter into force according to the same procedure as the Agreement.
3. This Agreement shall remain in force for a period of ten years and shall be extended thereafter for following ten years periods unless, one year before the expiration of the initial or any subsequent period, either Contracting Party notifies the other Contracting Party of its intention to terminate the Agreement. In that case, the termination shall become effective by the expiration of current period often years.
4. In respect of investments made prior to the date when the termination of this Agreement becomes effective, the provisions of this Agreement shall continue to be effective for a period of ten years from the date the termination of this Agreement became effective.
5. This Agreement shall apply irrespective of the existence of diplomatic or consular relations between the Contracting Parties.
Conclusion
In witness whereof, the undersigned duly authorised have signed this Agreement.
Done at Dubai on 01/11/2017, in duplicate, in the Arabic and English languages, all texts being equally authentic. In a case of divergence of interpretation, the English text shall prevail.
FOR THE REPUBLIC OF RWANDA
FOR THE UNITED ARAB EMIRATES