(ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal.
27. Each Party shall provide for the enforcement of an award in its territory.
Costs
28. Costs may also be awarded in accordance with the applicable arbitration rules.
29. The non-disputing Party shall not, in respect of a dispute which one of its investors has submitted to conciliation or arbitration in accordance with paragraph 7 of this Article, give diplomatic protection, or bring an international claim before another forum, unless the disputing Party has failed to abide by and comply with the award rendered in such dispute. Diplomatic protection, for the purposes of this paragraph, shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute.
30. No Party shall prevent the disputing investor from seeking interim measures of protection, not involving the payment of damages or resolution of the substance of the matter in dispute before the courts or administrative tribunals of the disputing Party, prior to the institution of proceedings before any of the dispute settlement fora referred to in paragraph 7 of this Article, for the preservation of its rights and interests.
Governing Law
31. The tribunal shall decide the issues in dispute in accordance with this Agreement and the applicable rules of international law and where applicable, any relevant domestic law of the disputing Party.
Article 21. General Exceptions
1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against or amongst the Parties, their investors, or their investments where like conditions prevail, or a disguised restriction on investors of any Party or their investments, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures:
(a) necessary to protect public morals or to maintain public order;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
(i) the prevention of deceptive and fraudulent practices to deal with the effects of a default on a contract;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; and
(iii) safety;
(d) imposed for the protection of national treasures of artistic, historic or archaeological value; or
(e) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.
2. Insofar as measures affecting the supply of financial services are concerned, paragraph 2 (Domestic Regulation) of the Annex on Financial Services of the General Agreement on Trade in Services in Annex 1B to the WTO Agreement shall be incorporated into and form an integral part of this Agreement, mutatis mutandis.
Article 22. Security Exceptions
1. Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to:
(i) action relating to fissionable and fusionable materials or the materials from which they are derived;
(ii) action taken in time of war or other emergency in domestic or international relations;
(iii) action relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iv Action taken so as to protect critical public infrastructure including communication, power and water infrastructures from deliberate attempts intended to disable or degrade such infrastructure; or
(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
2. Each Party shall inform the other Party to the fullest extent possible of measures taken under subparagraphs 1 (b) and (c) of this Article and of their termination.
3. Nothing in this Agreement shall be construed to require a Party to accord the benefits of this Agreement to an investor that is a juridical person of the other Party where a Party adopts or maintains measures in any legislation or regulations which it considers necessary for the protection of its essential security interests with respect to a non-Party or an investor of a non-Party that would be violated or circumvented if the benefits of this Agreement were accorded to such juridical person or to its investments.
4. Paragraph 3 of this Article shall be interpreted in accordance with the understanding of the Parties on Security Exceptions as set out in Annex 1, which shall form an integral part of this Agreement.
5. This Article shall be interpreted in accordance with the understanding of the Parties on non-justiciability of Security Exceptions as set out in Annex 2, which shall form an integral part of this Agreement.
Article 23. Joint Committee on Investment
1. A Joint Committee on Investment shall be established within one (1) year from the entry into force of this Agreement.
2. The functions of the Joint Committee shall be to:
(a) review the implementation and operation of this Agreement;
(b) submit a report to the Parties on the implementation and operation of this Agreement;
(c) consider and recommend to the Parties any amendments to this Agreement;
(d) supervise and coordinate the work of all Subcommittees established under this Agreement; and
(e) carry out other functions as may be agreed by the Parties.
3. The Joint Committee on Investment:
(a) shall be composed of representatives of the Parties; and
(b) may establish Sub-Committees and delegate its responsibilities thereto.
Article 24. Communications
Each Party shall designate a contact point to facilitate communications among the Parties on any matter relating to this Agreement. All official communications in this regard shall be in the English language.
Article 25. Annexes, Footnotes and Schedules
The Annexes, footnotes and Schedules, to this Agreement shall constitute an integral part of this Agreement.
Article 26. Amendments
This Agreement may be amended by agreement in writing by the Parties and such amendments shall come into force on such date or dates as may be agreed among them.
Article 27. Withdrawal and Termination
1. Any Party may withdraw from this Agreement by giving twelve (12) months advance notice in writing to the other Parties.
2. This Agreement shall terminate if, pursuant to paragraph 1 of this Article:
(a) India withdraws; or
(b) this Agreement is in force for less than four (4) ASEAN Member States.
3. Any other Party may request in writing, consultations concerning any matter that would arise from the withdrawal within sixty (60) days after the date of receipt of the notice in paragraph 1 of this Article. The requested Party shall enter into consultations in good faith upon receipt of the request.
Article 28. Review
Unless otherwise agreed, the Parties shall undertake a general review of this Agreement with a view to furthering its objectives within three (3) years from the date of the entry into force of the Agreement, and every three (3) years thereafter.
Article 29. Depositary
For the ASEAN Member States, this Agreement shall be deposited with the Secretary-General of ASEAN who shall promptly furnish a certified copy thereof to each ASEAN Member State.
Article 30. Entry Into Force
1. Each Party shall notify the other Parties in writing upon completion of its internal requirements (16) necessary for entry into force of this Agreement. This Agreement shall enter into force on 1 July 2015 for any Party that has made such notifications provided that India and at least four (4) ASEAN Member States have made such notifications by that date.
2. If this Agreement does not enter into force on 1 July 2015 it shall enter into force, for any Party that has made the notification referred to in paragraph 1 of this Article, sixty (60) days after the date by which India and at least four (4) ASEAN Member States have made the notifications referred to in paragraph 1 of this Article.
3. After the entry into force of this Agreement pursuant to paragraph 1 or 2 of this Article, this Agreement shall enter into force for any Party sixty (60) days after the date of its notifications referred to in paragraph 1 of this Article.
Conclusion
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed the Agreement on Investment under the Framework Agreement on Comprehensive Economic Cooperation between the Association of the Southeast Asian Nations and the Republic of India.
DONE at Nay Pyi Taw, Myanmar, this Twelfth Day of November in the Year Two Thousand and Fourteen, in two original copies in the English Language.
For Brunei Darussalam:
LIM JOCK SENG
Second Minister of Foreign Affairs and Trade
For the Republic of India:
NIRMALA SITHARAMAN
Minister of State for Commerce and Industry
For the Kingdom of Cambodia:
SUN CHANTHOL
Senior Minister and Minister of Commerce
For the Republic of Indonesia:
MUHAMMAD LUTFI
Minister of Trade
For the Lao Peoples Democratic Republic:
KHEMMANI PHOLSENA
Minister of Industry and Commerce
For Malaysia:
MUSTAPA MOHAMED
Minister of International Trade and Industry
For the Republic of the Union of Myanmar:
KAN ZAW
Union Minister for National Planning and Economic Development
For the Republic of the Philippines:
GREGORY L. DOMINGO
Secretary of Trade and Industry
For the Republic of Singapore:
LIM HNG KIANG
Minister for Trade and Industry
For the Kingdom of Thailand:
CHUTIMA BUNYAPRAPHASARA
Permanent Secretary
Acting for the Minister of Commerce
For the Socialist Republic of Viet Nam:
VU HUY HOANG
Minister of Industry and Trade
Attachments
Annex 1. Security Exceptions
The Parties confirm the foliowing understanding with respect to interpretation and/or implementation of this Agreement:
(a) the measures referred to in paragraph 3 of Article 22 (Security Exceptions) are measures where the intention and objective of the Party imposing the measures is for the protection of its essential security interests. These measures shall be imposed on a non-discriminatory basis and may be found in any of its legislation or regulations:
(i) In the case of India, the applicable measures referred to in paragraph 3 of Article 22 (Security Exceptions) are currently set out in the regulations framed under the Foreign Exchange Management Act, 1999 (42 of 1999) (FEMA). India shall, upon request by another Party, provide information on the measures concerned;
(ii) In the case of ASEAN Member States, they do not presently adopt or maintain any unilateral measures against a non-Party or investor of a non-Party in its laws or regulations. This shall not preclude any ASEAN Member State from adopting similar measures against any non-Party or investor of a non-Party;
(b) the measures which a Party adopts or maintains with respect to a non-Party or investors of a non-Party shall not impinge upon another Party's sovereign rights to conduct its foreign policy nor shall it prohibit juridical persons of foreign investors that are subject to such measures from establishing themselves in another Party.
Annex 2. Non-Justiciability of Security Exceptions
With respect to the interpretation and/or implementation of this Agreement, the Parties confirm their understanding that disputes submitted to arbitration pursuant to paragraphs 7 and 8 of Article 20 (Investment Disputes between a Party and an Investor), where the disputing Party asserts as a defence that the measure alleged to be a breach is within the scope of a security exception as set out in Article 22 (Security Exceptions), any decision of the disputing Party taken on such security considerations shall be non-justiciabie in that it shall not be open to any arbitral tribunal to review the merits of any such decision, even where the arbitral proceedings concern an assessment of any claim for damages and/or compensation, or an adjudication of any other issues referred to the tribunal.