c) the provisions of this Agreement which, in the opinion of the investor, are not complied with by the contested measures of the Party;
d) the investor's proposals for a possible settlement of the dispute.
3. The request for negotiations referred to in paragraph 1 of this Article shall not be considered duly submitted if it does not contain the information specified in paragraph 2 of this Article or if it is not submitted to the authorized body of the Party.
4. Each Party shall inform the depositary of the list of authorized bodies referred to in paragraph 3 of this Article within 30 days after the entry into force of this Agreement.
The list of authorized bodies of the Parties shall be posted on the official website of the depositary. In the event of a change in the authorized bodies, the Party concerned shall immediately notify the depositary of this Agreement.
If the negotiations referred to in paragraph 1 of this Article have not been initiated or have not led to a mutually acceptable settlement within six months of the date of the request for negotiations in accordance with paragraph 3 of this Article, the dispute relating to the violation of this Agreement shall be subject to dispute settlement procedures to be agreed upon by the parties to the dispute. If such procedures have not been agreed upon within the six-month period specified in this paragraph, the dispute may be referred by the investor who is a party to the dispute to the court of the Party in whose territory the investment was made or to one of the following arbitration bodies (institutions):
a) the arbitral tribunal of the Party (where applicable) in whose territory the investment was made;
b) ad hoc arbitration established in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) in force on the date of commencement of the arbitration proceedings, unless the parties to the dispute have agreed to apply a specific version of those rules;
c) another permanent international arbitral body (institution) agreed upon by the parties to the dispute.
When an investor submits a dispute to a court of the Party to the dispute, an arbitral tribunal of the Party, ad hoc arbitration, or another arbitration body (institution) agreed upon by the parties to the dispute, the choice of one of the four procedures shall be final.
6. To refer a dispute to one of the arbitral bodies (institutions) specified in subparagraphs “a” - “c” of paragraph 5 of this article, the investor who is a party to the dispute shall send a written notice of the request to refer the dispute to the arbitral body (institution) to the authorized body of the Party specified in paragraphs 3 and 4 of this article.
7. The request for referral of the dispute to the arbitration body (institution) referred to in paragraph 6 of this article shall indicate whether negotiations have been held between the parties to the dispute. Measures or situations that were not provided for in the request for negotiations referred to in paragraph 1 of this article may not be referred to arbitration. The request to refer the dispute to the arbitration body (institution) mentioned in paragraph 6 of this article shall not add to or change the claims set out in the written request for negotiations mentioned in paragraph 1 of this article.
The arbitration body (institution) shall not have the right to accept for consideration disputes and to render a decision on the conformity of a measure of a Party with the provisions of this Agreement if such measure or provisions were not specified in the written request for negotiations referred to in paragraph 1 of this Article.
8. Nothing in this Agreement, including Article 31 of this Agreement, shall be interpreted as granting an investor of one Party the right to use mechanisms, institutions, or procedures for the settlement of disputes with the other Party arising in connection with this Agreement other than those expressly provided for in this Article.
9. The Parties may at any time agree on a joint interpretation of the provisions of this Agreement. At any stage of a dispute, including during negotiations or arbitration proceedings, a Party that is a party to the dispute may send the other Parties a written request for joint consultations on the interpretation of a provision of this Agreement that is the subject of a dispute with an investor of the other Party. A copy of the request for such consultations shall be sent simultaneously by the first Party to the investor who is a party to the dispute and to the arbitration body (institution) if the dispute has been referred to one of the arbitration bodies (institutions) specified in subparagraphs (a) to (c) of paragraph 5 of this Article.
10. A dispute that is the subject of negotiations in accordance with paragraph 1 of this article may not be referred to an arbitration body (institution) from the date of receipt of the request for consultations under paragraph 9 of this article. In the event of a dispute that has been referred to one of the arbitration bodies (institutions) specified in subparagraphs “a” to “c” of paragraph 5 of this article, the arbitration proceedings shall be suspended from the date of receipt of the request for consultation in accordance with paragraph 9 of this article.
11. Arbitration proceedings suspended in accordance with paragraph 10 of this Article may be resumed:
(a) from the date on which the other Party notifies the parties to the dispute of its intention not to initiate consultations on the interpretation of a provision of this Agreement with the Party that is a party to the dispute;
b) from the date on which either Party notifies the other Parties and the investor of a joint agreement on the interpretation of a specific provision of the Agreement;
c) from the date when either Party notifies the other Parties and the investor that agreement on the interpretation of the relevant specific provision of the Agreement cannot be reached, but not earlier than 60 days after the date when the request for consultations on the interpretation of a provision of this Agreement was sent by a Party to the other Parties.
12. The joint interpretation of the provisions of this Agreement by the Parties shall be binding on the Parties, the investors of the Parties, and the arbitral bodies (institutions) to which disputes between an investor of a Party and the other Party are referred in accordance with this Agreement.
13. For arbitration proceedings conducted in accordance with the UNCITRAL Rules:
a) three arbitrators shall be appointed to the ad hoc arbitral tribunal (institution);
b) the language of the arbitration proceedings shall be Russian;
c) the place of arbitration shall be the capital of the Party that is a party to the dispute;
d) the time limits provided for in paragraphs 2 and 3 of Article 9 of the UNCITRAL Arbitration Rules shall be 90 days;
e) the period of time provided for in paragraph 1 of Article 20 of the UNCITRAL Arbitration Rules, during which the investor who is a party to the dispute shall submit its statement of claim in writing to the Party that is a party to the dispute and to each of the arbitrators, shall be determined by the arbitral tribunal (institution);
e) the period of time provided for in paragraph 1 of Article 21 of the UNCITRAL Arbitration Rules, during which the Party to the dispute shall submit its objections to the claim in writing to the investor who is a party to the dispute and to each of the arbitrators, as determined by the arbitral authority (institution);
g) neither party to the dispute nor the arbitral authority (institution) or its members shall disclose any information relating to the dispute, including the decision of the arbitral authority (institution), without the written consent of both parties to the dispute. The UNCITRAL Rules on Transparency in Investor-State Arbitration under International Agreements shall not apply;
(h) a statement that the arbitral body (institution) does not have the necessary competence, the appointment of an arbitrator by a Party to the dispute or the participation of such Party in the appointment of an arbitrator, or the submission by such Party of its objection to the investor's claim shall in no case be considered as an acknowledgment by such Party of the competence of the arbitral body (institution);
(i) the arbitral body (institution) shall decide on the objection to the competence of the arbitral body (institution) before considering the dispute on its merits as a preliminary matter.
14. Disputes between an investor of a Party and the other Party arising from other agreements reached between such investor and the Party shall be settled in accordance with the procedure provided for in such agreements.
15. Nothing in this Agreement shall prevent the parties to a dispute from settling it out of court, including through conciliation, mediation, or other similar mechanisms, if both parties to the dispute agree to use them.
16. Each Party shall recognize the arbitral award as final and binding and shall enforce it in its territory in accordance with its law, unless:
a) The Party that is a party to the dispute does not seek to appeal, modify, review, or set aside such arbitration award in accordance with the rules and procedures applicable to the dispute; or
b) The Party against which the decision to recognize or enforce the arbitral award has been made submits a request for refusal to recognize or enforce such arbitral award in accordance with the provisions of an international agreement in this field to which it is a party.
In the course of arbitration (court) proceedings, a Party may file a counterclaim on the subject matter of the dispute against the other party to the dispute.
17. No claim may be referred to an arbitral body (institution) more than three years after the date on which the investor who is a party to the dispute first received or reasonably should have first received information about the violation referred to in paragraph 1 of this article, prior to the date of the written request for negotiations referred to in paragraph 1 of this article.
18. A dispute between an investor of one Party and the other Party concerning a measure taken by a Party in accordance with Article 10 of this Agreement shall not be subject to arbitration.
19. After the entry into force of this Agreement, the Parties may agree on a list of arbitrators which, with the consent of the Parties, shall be binding for the appointment of arbitrators if a claim is submitted by an investor of one Party to an arbitration body (institution) in accordance with subparagraph (c) of paragraph 5 of this Article.
Chapter VI. Final Provisions
Article 37. Economic Integration
The provisions of this Agreement shall not apply between Parties that have bilateral and/or multilateral international treaties providing for a deeper level of integration than that provided for in this Agreement or granting additional advantages to their natural and/or legal persons.
Article 38. Reduction of Restrictions
With a view to further improving the conditions provided for in this Agreement in relation to trade in services, establishment, and activities, the Parties shall, at least once every five years, hold negotiations aimed at expanding the list of sectors and gradually reducing the number of restrictions specified in the individual lists of the Parties to this Agreement.
The first such negotiations shall take place no later than five years after the entry into force of this Agreement.
Article 39. New Service Sectors and Activities
The Parties reserve the right to introduce or maintain any measure with respect to new sectors and activities, including services and activities related to existing and new products or methods of product delivery, which are not supplied or carried out in the territory of the other Party on the date of entry into force of this Agreement.
Article 40. Disputes
Disputes between the Parties relating to the interpretation and/or application of this Agreement shall be settled through consultations and negotiations or through the procedures provided for in Article 19 of the Free Trade Agreement of October 18, 2011.
Article 41. Amendments
By mutual agreement of the Parties, amendments that form an integral part of this Agreement may be made and shall be recorded in appropriate protocols.
Article 42. Amendment of Commitments
1. Upon written request of a Party to this Agreement, the Parties shall consult on amendments to the individual lists under this Agreement. When conducting consultations, the Parties shall endeavor to ensure that the overall level of mutually beneficial commitments is no less favorable to trade than that reflected in their individual lists in Annexes A, B, C, and D to this Agreement prior to the commencement of such consultations.
2. Parties that are not members of the WTO on the date of entry into force of this Agreement shall, within two years of joining the WTO, review their individual lists under this Agreement with a view to ensuring market access conditions for participants in this Agreement on terms no less favorable than their obligations under the WTO.
Article 43. Monitoring of the Implementation of the Provisions of the Agreement
The Parties shall monitor the implementation of the provisions of this Agreement and shall provide relevant information annually to the CIS Executive Committee for compilation and subsequent consideration at the meeting of the Council of Heads of Government of the Commonwealth of Independent States.
Article 44. Entry Into Force
1. This Agreement shall enter into force 30 days after the date on which the depositary receives the third notification of the completion by the signatory Parties of the internal procedures necessary for its entry into force.
2. For Parties that have completed their internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 45. Accession
1. This Agreement shall be open for accession by any State after its entry into force.
2. For a CIS member state, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession, provided that its individual list of obligations has been agreed upon by all Parties that have completed the internal procedures necessary for the entry into force of this Agreement.
3. For a state that is not a member state of the CIS, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession, provided that all Parties that have completed the internal procedures necessary for the entry into force of this Agreement have agreed to the individual list of obligations of such state.
Article 46. Duration, Denounciation
1. This Agreement shall be concluded for an indefinite period.
2. Each Party shall have the right to denounce this Agreement by notifying the depositary in writing of its intention to do so no later than 12 months prior to the date of denunciation.
With regard to investments made prior to the date of denounciation of a Party from this Agreement, the provisions of this Agreement shall remain in force for the relevant Party for a period of 10 years from the date of denounciation.
Conclusion
Done at Sochi on June 8, 2023, in a single original copy in the Russian language. The original copy shall be deposited with the Executive Committee of the Commonwealth of Independent States, which shall transmit a certified copy to each State that has signed this Agreement.
For the Government of the Republic of Azerbaijan
For the Government of the Russian Federation
For the Government of the Republic of Armenia
For the Government of the Republic of Tajikistan
For the Government of the Republic of Belarus
For the Government of Turkmenistan
For the Government of the Republic of Kazakhstan
For the Government of the Republic of Uzbekistan
For the Government of the Kyrgyz Republic
For the Government of Ukraine
For the Government of the Republic of Moldova
Reservation. Republic of Kazakhstan to the Agreement on Free Trade in Services, Establishment, Activity and Investment of the Member States of the Commonwealth of Independent States
In the event of a claim arising from an alleged violation of Chapter 5 of this Agreement being brought against the Republic of Kazakhstan in accordance with subparagraph (a) of paragraph 5 of Article 36 “Settlement of disputes between a Party and an investor of the other Party” of this Agreement, instead of an arbitration court, the dispute shall be referred to the Court of the Astana International Financial Center (AIFC Court).
Prime Minister of the Republic of Kazakhstan
A. Smailov