(a) the Dubai International Arbitration Centre (DIAC), located in the United Arab Emirates (Dubai), in accordance with DIAC Arbitration Rules 2022; or
(b) an ad hoe arbitration tribunal established and operated under the UNCITRAL Arbitration Rules. The arbitration proceedings shall be administered by the Dubai International Arbitration Centre located in the United Arab Emirates.
In both cases, the legal seat of arbitration shall be the United Arab Emirates (Dubai) and the language of arbitration shall be English.
7. In order to submit the dispute to arbitration in accordance with paragraph 6 of this Article the claimant shall submit a written request for arbitration to the competent authority of the respondent referred to in paragraph 2 of this Article.
8. The request for arbitration referred to in paragraph 7 of this Article shall indicate whether consultations between the disputing parties were held. Measures or situations and specific provisions of the Agreement that the Contracting Party has allegedly breached that were not provided for in the request for consultations cannot be submitted to arbitration. The request for arbitration shall not supplement or amend the claims set out in the request for consultations. During arbitration proceedings the claimant shall not supplement or amend its claims in such a manner that the supplements or amendments go beyond the jurisdiction of the arbitration institution to which the dispute is submitted under paragraph 6 of this Article.
9. Once the claimant has submitted the dispute to a competent court of the Contracting Party in the territory of which the investment is made or one of the institutions provided for in paragraph 6 of this Article, the choice shall be final.
10. No dispute may be submitted to arbitration under paragraph 6 of this Article unless:
(a) the claimant sent the request for consultations within 2 years of the time at which the claimant became aware, or should reasonably have become aware, of an alleged breach of an obligation under this Agreement; and
(b) the submission of the dispute to arbitration under this Article takes place within 3 years from the date on which the claimant sent the request for consultations under paragraph 1 of this Article.
11. Nothing in this Agreement, including paragraph 3 of Article 4 of this Agreement, shall be interpreted as providing the claimant with the right to use mechanisms, institutions or procedures other than those expressly set out in this Article for the settlement of disputes arising out of this Agreement, unless agreed otherwise by the disputing parties. To that extent no arbitration institutions other than those expressly provided for in this Article shall have jurisdiction over disputes under this Agreement.
12. Disputes between an investor of one Contracting Party and the other Contracting Party arising under other arrangements between such an investor and such a Contracting Party shall be settled according to the procedures provided for in such arrangements.
13. Nothing in this Agreement shall prevent the disputing parties trom settling such a dispute in out-of-court proceedings, including through conciliation, mediation and other similar procedures agreed upon between the disputing parties.
14. For arbitration proceedings conducted in accordance with UNCITRAL Arbitration Rules:
(a) 3 arbitrators shall be appointed to an ae hoc arbitral tribunal;
(b) the language of arbitration shall be English;
(c) the periods of time provided for in paragraphs 2 and 3 of Article 9 of UNCITRAL Arbitration Rules shall be 90 days;
(d) the period of time provided for in paragraph | of Article 20 of UNCITRAL Arbitration Rules within which the claimant shall communicate its statement of claim in writing to the respondent and to each of the arbitrators shall be determined by the arbitral tribunal in consultation with the disputing parties, but shall not be less than 90 days from the date of delivery of the request for arbitration, unless otherwise agreed by the disputing parties;
(e) the period of time in paragraph 1 of Article 21 of UNCITRAL Arbitration Rules within which the respondent shall communicate its statement of defense in writing to the claimant and to each of the arbitrators shall be determined by the arbitral tribunal in consultation with the disputing parties, but shall not be less than 90 days from the date of delivery of the request for arbitration, unless otherwise agreed by the disputing parties;
(f) neither a disputing party nor arbitral tribunal and its members. shall disclose any information concerning the dispute, including the arbitration award, without written consent of both disputing parties, except, first and foremost, for and to the extent the disclosure is required by laws and regulations of the country in which a disputing party enforces, challenges an award and/or requests for any other legal action before a competent judicial or administrative authority;
(g) a plea that the arbitral tribunal does not have jurisdiction, appointment of an arbitrator by the respondent or participation of the respondent in the appointment of an arbitrator, submission by the respondent of its statement of defense shall in no case be considered as acceptance by the respondent of the jurisdiction of the arbitral tribunal;
(h) the arbitral tribunal shall deliver its decision on the objection as to jurisdiction of the arbitral tribunal (rule on the plea of lack of jurisdiction) as a preliminary question before considering the dispute on the merits.
15. In case a dispute has been submitted to a particular arbitration institution in accordance with paragraph 6 of this Article, the rules of procedure applied to such a dispute shall be modified accordingly as set out in paragraph 14 of this Article.
16. At any stage of a dispute raised in accordance with this Article (including the stage of consultations or arbitration proceedings) the respondent may submit to the other Contracting Party a written request for negotiations concerning the interpretation of a specific provision of this Agreement that is subject to the dispute with the claimant. A copy of the request for such negotiations shall be simultaneously sent by the respondent to the claimant and to the arbitration institution, if the dispute has been submitted for consideration of one of the arbitration institutions mentioned in paragraph 6 of this Article.
17. A dispute that is subject to consultations in accordance with paragraph 1 of this Article may not be submitted to arbitration from the date of the receipt of the request for negotiations under paragraph 16 of this Article. In case the dispute was submitted to arbitration under paragraph 6 of this Article before the date of the receipt of the request for negotiations under paragraph 16 of this Article, the arbitration proceedings shall be suspended from that date.
18. A dispute that is subject to consultations in accordance with paragraph 1 of this Article upon expiration of the 180-day period mentioned in paragraph 6 of this Article may be submitted to arbitration and the arbitration proceedings suspended in accordance with paragraph 17 of this Article, unless otherwise agreed by the Contracting Parties, may be continued:
(a) from the date the other Contracting Party submits to the disputing parties a notice of its intention not to engage in negotiations under paragraph 16 of this Article with the respondent;
(b) from the date either of the Contracting Parties submits to the other Contracting Party and to the claimant a notice of joint decision of the Contracting Parties declaring their interpretation of a provision of this Agreement,
(c) from the date either of the Contracting Parties submits to the other Contracting Party and to the claimant a notice that joint decision of the Contracting Parties declaring their interpretation of a provision of this Agreement cannot be reached, but not earlier than 60 days after the date the request for negotiations under paragraph 16 of this Article was submitted by the respondent to the other Contracting Party.
19. A joint decision of the Contracting Parties declaring their interpretation of a provision of this Agreement shall be binding on arbitral tribunals of any ongoing or subsequent dispute, and any decision or award issued by such a tribunal must be consistent with that joint decision.
20. Each disputing party shall recognize the arbitration award as final. Each Contracting Party shall enforce the award in accordance with its laws and regulations.
Article 16. Other Obligations
If the laws and regulations of the State of either Contracting Party or international treaties that the Contracting Parties are parties to existing on the date of entry into force of the Agreement or concluded thereafter between the Contracting Parties in addition to this Agreement contain provisions entitling investments by investors of the other Contracting Party to a treatment more favorable than the treatment provided for by the Agreement, such provisions shall, to the extent that they are more favourable to the investor, be applied.
Article 17. Consultations
The Contracting Parties shall consult, at the request of either of them, on the matters concerning the interpretation or application of this Agreement. Where either Contracting Party requests such consultation, the other Contracting Party shall give prompt response.
Article 18. Entry Into Force, Duration and Termination
1. This Agreement shall enter into force from the date of receipt through diplomatic channels of the last written notification that the Contracting Parties have fulfilled their respective internal procedures necessary for entry into force of this Agreement.
2. This Agreement shall remain in force for a period of 10 years and shall be automatically extended for subsequent 5-year periods unless either Contracting Party notifies the other Contracting Party through diplomatic channels in writing at least 12 months in advance of the expiration of the initial 10-year period or the respective 5-year period of its intention to terminate this Agreement.
3. In respeet of investments made prior to the date of termination of this Agreement, the provisions of this Agreement shall continue to be effective for a period of 10 years from the date of termination of this Agreement.
4, The Contracting Parties may mutually agree, in writing, to amend this Agreement.
Conclusion
Done in Moscow on 16 October 2025 and in Brazzaville on 16 October 2025, in duplicate each in the Russian, French and English languages, all texts being equally authentic. In case of divergent interpretation, the English text shall be used.
For the Government of the Republic of the Congo
For the Government of the Russian Federation