Indonesia - Singapore BIT (2018)
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2. Nothing in this Agreement shall prevent a Party from undertaking measures to prevent and combat bribery and other forms of corruption in any investment activities within its territory, provided that such measures are not inconsistent with this Agreement.

Chapter III. DISPUTE SETTLEMENT

Section ONE. SETTLEMENT OF DISPUTES BETWEEN A PARTY AND AN INVESTOR OF THE OTHER PARTY

Article 14. SCOPE AND BASIC PRINCIPLES

1. This Section shall apply to disputes between a Party (hereinafter referred to as the "disputing Party") and an investor of the other Party (hereinafter referred to as the "disputing investor") concerning an alleged breach of an obligation of the former under this Agreement which causes loss or damage to the investor or its investment (hereinafter referred to as an "investment dispute"). In the event of an investment dispute, the disputing parties should seek to resolve the dispute with a view towards reaching an amicable settlement.

2. For greater certainty, objections that a disputing Party may raise in any proceedings under this Section would include, but not be limited to, objections on the ground that an investment has been made, established, acquired or admitted through fraudulent misrepresentation, concealment, corruption, or conduct amounting to an abuse of process.

Article 15. CONSULTATIONS

1. The disputing parties shall initially seek to resolve an investment dispute by consultations and negotiations ("consultations"), which may include the use of non-binding, third party procedures, such as good offices, conciliation and mediation. Such consultations shall be initiated by a written request for consultations delivered by the disputing investor to the disputing Party.

2. With the objective of resolving an investment dispute through consultations, the written request for consultations shall contain information regarding the legal and factual basis for the investment dispute, including the name and address of the disputing investor, the provisions of this Agreement alleged to have been breached, the relief sought and the estimated amount of damages claimed.

3. Consultations shall commence within 30 days of receipt by the disputing Party of the written request for consultations, unless the disputing parties otherwise agree, and the place for consultations shall be Jakarta, Indonesia where the disputing Party is Indonesia, or Singapore where the disputing Party is Singapore.

Article 16. MEDIATION

1. The disputing parties may, at any time, agree to have recourse to mediation. A request to have recourse to mediation shall be addressed by a disputing party to the other disputing party in writing. The party to which the request is addressed shall give sympathetic consideration to the request, and reply by accepting or rejecting it in writing within 10 days of its receipt.

2. Recourse to mediation is voluntary and without prejudice to the legal position of either disputing party.

3. Recourse to mediation may be governed by the mediation rules of mediation institutions in Indonesia or Singapore, or such other rules as the disputing parties may agree. Mediators shall comply with Annex IV (Code of Conduct of Arbitrators and Mediators).

4. Each disputing party shall bear its own expenses derived from the participation in the mediation process. Expenses incurred in relation to the conduct of the mediation process, including the remuneration and expenses of the mediator, shall be borne equally by the disputing parties.

5. On request of the disputing parties, the mediator shall issue to the disputing parties, in writing, a draft factual report, providing a brief summary of (1) the measure at issue in these procedures; (2) the procedures followed; and (3) any mutually agreed solution reached as the final outcome of these procedures, including possible interim solutions. The mediator shall provide the disputing parties 15 working days to comment on the draft report. After considering the comments of the disputing parties submitted within the period, the mediator shall submit, in writing, a final factual report to the disputing parties within 15 working days. The factual report shall not include any interpretation of this Agreement.

6. Where a mutually agreed solution has been reached as a result of the mediation process, the disputing parties shall enter into a written settlement agreement to take the measures necessary to implement the mutually agreed solution within the agreed timeframe.

7. Nothing in this Article shall preclude the disputing parties from having recourse to other forms of alternative dispute resolution.

Article 17. SUBMISSION OF A CLAIM

1. If an investment dispute cannot be resolved within 1 year from the date of delivery of the written request for consultations pursuant to Article 15 (Consultations) then, unless the disputing parties agree otherwise, the disputing investor may submit the dispute to:

(a) the courts or tribunals of the disputing Party, provided that such court or tribunal have jurisdiction over such claim;

(b) arbitration under the ICSID Convention and the ICSID Arbitration Rules, provided that both the disputing Party and the Party of the disputing investor are parties to the ICSID Convention;

(c) arbitration under the ICSID Additional Facility Rules, provided that either the disputing Party or the Party of the disputing investor is a party to the ICSID Convention;

(d) arbitration under the UNCITRAL Arbitration Rules; or

(e) any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree,

provided that resort to any arbitration rules or fora under sub-paragraphs (b) to (e) shall exclude resort to the others.

For the avoidance of doubt, the disputing investor may submit a claim on its own behalf in respect of loss or damage that has been incurred by the disputing investor, or on behalf of an enterprise of the disputing Party that the disputing investor owns or controls, either directly or indirectly, in respect of loss or damage that has been incurred by the enterprise.

2. Each Party hereby consents to the submission of an investment dispute to arbitration under paragraph 1 in accordance with the provisions of this Section, conditional upon:

(a) the submission of the dispute to such arbitration taking place within three years of the time at which the disputing investor became aware, or should have reasonably become aware, of a breach of an obligation under this Agreement causing loss or damage to the disputing investor or its investment;

(b) the disputing investor providing written consent to arbitration in accordance with the provisions set out in this Section;

(c) the legal and factual basis for the dispute was subject to prior consultation or mediation pursuant to Article 15 (Consultations) or Article 16 (Mediation) respectively;

(d) the disputing investor providing written notice, which shall be submitted at least 90 days before the claim is submitted, to the disputing Party of its intent to submit the dispute to such arbitration and which:

(i) states the name and address of the disputing investor and, where a dispute is submitted on behalf of an enterprise, the name, address, and place of constitution of the enterprise;

(ii) nominates one of the fora referred to in paragraph 1 as the forum for dispute settlement;

(iii) waives the disputing investor's right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute;

(iv) provides, where a dispute is submitted on behalf of a locally established enterprise, the enterprise's written waiver of its right to initiate or continue any proceedings before any of the other dispute settlement fora referred to in paragraph 1 in relation to the matter under dispute;

(v) briefly summarises the alleged breach of the disputing Party under this Agreement (including the provisions alleged to have been breached), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the disputing investor or its investment by reason of that breach; and

(e) no final award concerning the same treatment as alleged to breach the provisions of Chapter II (Protection) having been rendered in a claim submitted by the disputing investor to another international tribunal established pursuant to this Section, or any other treaty.

3. Notwithstanding sub-paragraph 2(d)(iii), the disputing investor shall not be prevented from initiating or continuing an action that seeks interim measures of protection for the sole purpose of preserving the disputing investor's rights and interests and does not involve the payment of damages or resolution of the substance of the matter in dispute, before the courts or administrative tribunals of the disputing Party.

4. For the purposes of sub-paragraph 2(e), the term "disputing investor" refers to the investor and, where applicable, to the locally established enterprise, and includes all persons who directly or indirectly have an ownership interest in, or who are controlled by the investor or, where applicable, the locally established enterprise.

5. Upon request of the disputing Party, the tribunal shall decline jurisdiction where the disputing investor fails to respect any of the requirements referred to in paragraph 2.

6. The consent under paragraph 2 and the submission of a claim to arbitration under this Section shall satisfy the requirements of:

(a) Chapter I of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and

(b) Article If of the New York Convention for an "agreement in writing".

7. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Article 18. THIRD PARTY FUNDING

1. Any disputing party benefiting from third party funding shall notify the other disputing party and the Tribunal of the name and address of the third party funder.

2. Such notification shall be made at the time of submission of a claim, or without delay as soon as the third party funding is agreed, donated or granted, as applicable.

Article 19. CONSTITUTION OF THE ARBITRAL TRIBUNAL

1. Unless the disputing parties otherwise agree, the arbitral tribunal shall be composed of three arbitrators, who shall not be nationals or permanent residents of either Party. Each disputing party shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator, who shall be the chairman of the arbitral tribunal. The chairman of the arbitral tribunal shall be a national of a non-Party which has diplomatic relations with the disputing Party and the non-disputing Party. If an arbitral tribunal has not been established within 90 days from the date on which the claim was submitted to arbitration, either because a disputing party failed to appoint an arbitrator or because the disputing parties failed to agree upon the chairman, the Secretary-General of ICSID, upon request of either disputing party, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. If the Secretary-General is a national or permanent resident of either Party, or he or she is otherwise unable to act, the Deputy Secretary-General of ICSID, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments.

2. The arbitrators shall have experience or expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, international trade law, or the resolution of disputes arising under international investment or international trade agreements. The arbitrators shall be independent from the Parties and the disputing investor, and not be affiliated to or receive instructions from any of them.

3. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators.

4. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and the successor shall have all the powers and duties of the original arbitrator.

5. Arbitrators appointed under this Section shall comply with Annex IV (Code of Conduct of Arbitrators and Mediators).

Article 20. GOVERNING LAW

1. Subject to paragraphs 2 and 3, when a claim is submitted under Article 17 (Submission of a Claim), the tribunal shall decide the issues in dispute in accordance with this Agreement, any other applicable agreements between the Parties, and the applicable rules of international law and where applicable, any relevant domestic law of the disputing Party.

2. The tribunal may, on its own account or at the request of a disputing Party, request a joint interpretation of any provision of this Agreement that is in issue in a dispute. The Parties shall submit in writing any joint decision declaring their interpretation to the tribunal within 60 days of the delivery of the request. For the avoidance of doubt, the Parties may also adopt, on their own account, joint interpretations of provisions of this Agreement.

3. A joint decision of the Parties on the interpretation of a provision of this Agreement shall be binding on the tribunal, and any decision or award issued by the tribunal must be consistent with that joint decision.

Article 21. PLACE OF ARBITRATION

Unless the disputing parties otherwise agree, the tribunal shall determine the place of arbitration in accordance with the applicable arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention and outside the territories of the Parties.

Article 22. ARBITRAL PROCEEDINGS

1. Without prejudice to a tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within the competence of the tribunal, a tribunal shall, before proceeding to the merits, address and decide as a preliminary question any objection by the disputing Party that, as a matter of law, a claim submitted is not a claim for which an award in favour of the disputing investor may be made under Article 24 (Awards), or that a claim is frivolous or manifestly without merit, even if the facts alleged (21) were assumed to be true. The tribunal may also consider any relevant facts not in dispute. The disputing Party shall specify as precisely as possible the basis for the objection.

(a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the disputing Party to submit its counter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the disputing Party to submit its response to the amendment).

(b) On receipt of an objection under this paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. The disputing parties shall be given a reasonable opportunity to present their views and observations to the tribunal.

(c) The disputing Party does not waive any objection as to competence or any argument on the merits merely because the disputing Party did or did not raise an objection under this paragraph or make use of the expedited procedure set out in paragraph 2. For greater certainty, such objections or arguments may be raised at another stage of the proceedings.

2. In the event that the disputing Party so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis any preliminary objection under paragraph 1 and any objection that the dispute is not within the tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds therefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period, which may not exceed 30 days.

3. The tribunal may, if warranted, award to the prevailing disputing party reasonable costs and fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claim or the objection was frivolous or manfestly without merit, and shall provide the disputing parties a reasonable opportunity to comment.

(21) For the purposes of this paragraph, the facts alleged refer to those made in support of the claim in the notice of arbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Abrbitration Rules, the statement of claim referred to in the relevant article of the UNCITRAL Arbitration Rules.

Article 23. DIPLOMATIC PROTECTION

Neither Party shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its investors and the other Party shall have consented to submit or have submitted to arbitration under this Section, unless such other 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.

Article 24. AWARDS

1. Where a tribunal makes a final award against a disputing Party, the tribunal may award, separately or in combination, only:

(a) monetary damages and any applicable interest; and

(b) restitution of property, provided that the disputing Party may pay monetary damages and any applicable interest, as determined by the tribunal in accordance with Chapter II (Protection), in lieu of restitution.

2. A tribunal may also award costs and attorney's fees in accordance with this Section and the applicable arbitration rules.

3. A tribunal may not award punitive damages.

4. In any arbitration conducted under this Section, at the request of a disputing investor, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of the proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the 60-day comment period.

5. Where a claim is submitted on behalf of an enterprise of the disputing Party, the arbitral award shall be made to the enterprise.

6. Any arbitral award shall be final and binding upon the disputing parties. An award shall have no binding force except between the disputing parties and in respect of the particular case.

7. Subject to paragraph 8 of this Article and the applicable review procedure for an interim award, the disputing parties shall abide by and comply with an award without delay.

8. A disputing investor may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention:

(i) 120 days has elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or

(ii) revision or annulment proceedings have been completed;

(b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to paragraph 1(e) of Article 17 (Submission of a Claim):

(i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or

(ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal.

9. Each Party shall provide for the enforcement of an award in its territory. Each Party shall ensure the recognition and enforcement of the award in accordance with its relevant laws and regulations.

Article 25. COSTS

1. The tribunal shall order that the costs of the proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case.

2. Other reasonable costs, including costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the tribunal determines that such apportionment is unreasonable in the circumstances of the claim.

3. If only parts of the claims have been successful, the costs awarded shall be adjusted, proportionately, to the number or extent of the successful parts of the claims.

Article 26. SECURITY FOR COSTS

1. Upon request by the disputing Party, the tribunal may order the disputing investor to post security for all or a part of the costs, if there are reasonable grounds to believe that the disputing investor risks not being able to honour a possible decision on costs issued against it.

2. If the security for costs is not posted in full within 30 days after the tribunal’s order or within any other time period set by the tribunal, the tribunal shall so inform the disputing parties. The tribunal may order the suspension or termination of the proceedings.

Article 27. CONSOLIDATION

Where two or more claims have been submitted separately to arbitration under Article 17 (Submission of a Claim) and the claims have a question of law or fact in common and arise out of the same or similar events or circumstances, all concerned disputing parties may agree to consolidate those claims in any manner they deem appropriate.

Article 28. DISCONTINUANCE

If, following the submission of a claim under this Section, the disputing investor fails to take any steps in the proceedings within 180 days or such periods as the disputing parties may agree, the disputing investor shall be deemed to have withdrawn its claim and to have discontinued the proceedings. The tribunal shall, at the request of the disputing Party, and after giving notice to the disputing parties, issue an order taking note of the discontinuance of the proceedings. After such an order has been rendered, the authority of the tribunal shall lapse. Unless the disputing investor’s failure to take steps in the proceedings was reasonable in the circumstances, the disputing investor may not subsequently submit a claim on the same matter.

Article 29. SERVICE OF DOCUMENTS

1. Notices and other documents in disputes under this Section shall be served on Indonesia by delivery to:

Director General for Legal Affairs and International Treaties Ministry of Foreign Affairs

Jalan Taman Pejambon No.6

Jakarta 10110

Indonesia

2. Notices and other documents in disputes under this Section shall be served on Singapore by delivery to:

Permanent Secretary Ministry of Trade & Industry 100 High Street #09-01 Singapore 179434

Singapore

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Section TWO. SETTLEMENT OF DISPUTES BETWEEN THE PARTIES

Article 30. SCOPE

This Section applies to the settlement of disputes between the Parties arising from the interpretation or application of the provisions of this Agreement.

Article 31. CONSULTATIONS

1. Either Party may request in writing, consultations on the interpretation or application of this Agreement. If a dispute arises between the Parties on the interpretation or application of this Agreement, it shall, to the extent possible, be settled amicably through consultations.

2. In the event the dispute is not settled through the means mentioned above within 6 months from the date such consultations were requested in writing, then, unless the Parties agree otherwise, either Party may submit such dispute to an arbitral tribunal established in accordance with this Section or, by agreement of the Parties, to any other international tribunal.

Article 32. CONSTITUTION OF THE ARBITRAL TRIBUNAL

1. Arbitration proceedings shall initiate upon written notice delivered by a Party (hereinafter referred to as "requesting Party") to the other Party (hereinafter referred to as "respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II (Protection) alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations pursuant to Article 31 (Consultations), the requesting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party.

2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator.

3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal.

4. The arbitrators shall have experience or expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, international trade law, or the resolution of disputes arising under international investment or international trade agreements. The arbitrators shall be independent from the Parties, and not be affiliated to or receive instructions from either of them.

5. With regard to the selection of arbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. In addition, the third arbitrator shall be a national of a non-Party which has diplomatic relations with the Parties.

6. If the required appointments have not been made within the time limits set forth in paragraphs 2 and 3 above, either Party may invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President of the International Court of Justice shall be invited to make the said appointments. If the Vice-President of the International Court of Justice is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is neither a national nor a permanent resident of either Party shall be invited to make the necessary appointments.

7. In the event an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had.

8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Article 33. PLACE OF ARBITRATION

Unless the Parties agree otherwise, the place of arbitration shall be determined by the arbitral tribunal.

Article 34. ARBITRAL PROCEEDINGS

1. A tribunal established under this Section shall decide all questions relating to its competence and, subject to any agreement between the Parties, determine its own procedure. At any stage of the proceedings, the arbitral tribunal may propose to the Parties that the dispute be settled amicably. At all times, the arbitral tribunal shall afford a fair hearing to the Parties.

2. The arbitral tribunal shall decide the issues in dispute in accordance with this Agreement and the applicable rules and principles of international law.

3. The arbitral tribunal shall reach its decision by majority vote. The award shall be issued in writing and shall contain the applicable factual and legal findings. A signed award shall be delivered to each Party. The award shall be final and binding on the Parties.

Chapter IV. FINAL PROVISIONS

Article 35. OTHER OBLIGATIONS

If the legislation of either Party or international obligations existing at present or established hereafter between the Parties in addition to this Agreement, results in a position entitling investments by investors of the other Party to treatment more favourable than is provided for by this Agreement, such position shall not be affected by this Agreement

Article 36. DENIAL OF BENEFITS

1. A Party may deny the benefits of this Agreement to:

(a) an investor of the other Party that is an enterprise of such other Party and to investments of such investor if an investor of a non-Party owns or controls the enterprise and the denying Party does not maintain diplomatic relations with the non-Party;

(b) an investor of the other Party that is an enterprise of such other Party and to investments of such investor if an investor of a non-Party or the denying Party owns or controls the enterprise and the enterprise has no substantive business operations in the territory of such other Party;

(c) an investor that is a natural person of the other Party and to investments of that investor if that natural person is also a national of the denying Party; or

(d) an investor of the other Party that is an enterprise of that other Party and to investments of that investor if a natural person or an enterprise of a non-Party owns or controls the enterprise and the denying Party adopts or maintains measures with respect to the non-Party or a natural person or an enterprise of the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Agreement were accorded to the enterprise or to its investments.

2. For the purposes of this Article, an enterprise is:

(a) "owned" by an investor if more than fifty (50) percent of the equity interest in it is beneficially owned by the investor; and

(b) "controlled" by an investor if the investor has the power to name a majority of its directors or otherwise to legally direct its actions.

Article 37. TRANSPARENCY

1. Each Party shall ensure that its laws, regulations and administrative rulings of general application pertaining to or affecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons or the other Party to become acquainted with them. International agreements pertaining to or affecting investors or investment activities, to which a Party is a signatory, shall also be published.

2. To the extent feasible, each Party shall make the measures and international agreements of the kind referred to in paragraph 1 available on the internet. Each Party shall, upon request by the other Party, respond within a reasonable period of time to specific questions from and provide information to the other Party with respect to matters referred to in paragraph 1.

Article 38. INFORMATION REQUIREMENTS AND DISCLOSURE OF INFORMATION

1. Notwithstanding Article 4 (National Treatment) and Article 5 (Most-Favoured-Nation Treatment), a Party may require an investor of the other Party, or its investment, to provide information concerning that investment solely for informational or statistical purposes. The Party shall protect such business information that is confidential from any disclosure that would prejudice the competitive position of the investor or its investment. Nothing in this paragraph shall be construed to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its law.

2. Nothing in this Agreement shall require either Party to provide confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Article 39. GENERAL EXCEPTIONS  (22)

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party or its investors where like conditions prevail, or a disguised restriction on investments of investors of the other Party in the territory of a Party, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:

(a) necessary to protect public morals or to maintain public order; (23)

  • Chapter   I DEFINITIONS AND SCOPE 1
  • Article   1 DEFINITIONS 1
  • Article   2 APPLICABILITY OF AGREEMENT 1
  • Chapter   II PROTECTION 1
  • Article   3 TREATMENT OF INVESTMENT 1
  • Article   4 NATIONAL TREATMENT (12) (13) 1
  • Article   5 MOST-FAVOURED-NATION TREATMENT 1
  • Article   6 EXPROPRIATION  (15) 1
  • Article   7 COMPENSATION FOR LOSSES 1
  • Article   8 TRANSFERS 1
  • Article   9 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS 1
  • Article   10 SUBROGATION 1
  • Article   11 RIGHT TO REGULATE 1
  • Article   12 CORPORATE SOCIAL RESPONSIBILITY 1
  • Article   13 MEASURES AGAINST CORRUPTION 1
  • Chapter   III DISPUTE SETTLEMENT 2
  • Section   ONE SETTLEMENT OF DISPUTES BETWEEN A PARTY AND AN INVESTOR OF THE OTHER PARTY 2
  • Article   14 SCOPE AND BASIC PRINCIPLES 2
  • Article   15 CONSULTATIONS 2
  • Article   16 MEDIATION 2
  • Article   17 SUBMISSION OF A CLAIM 2
  • Article   18 THIRD PARTY FUNDING 2
  • Article   19 CONSTITUTION OF THE ARBITRAL TRIBUNAL 2
  • Article   20 GOVERNING LAW 2
  • Article   21 PLACE OF ARBITRATION 2
  • Article   22 ARBITRAL PROCEEDINGS 2
  • Article   23 DIPLOMATIC PROTECTION 2
  • Article   24 AWARDS 2
  • Article   25 COSTS 2
  • Article   26 SECURITY FOR COSTS 2
  • Article   27 CONSOLIDATION 2
  • Article   28 DISCONTINUANCE 2
  • Article   29 SERVICE OF DOCUMENTS 2
  • Section   TWO SETTLEMENT OF DISPUTES BETWEEN THE PARTIES 2
  • Article   30 SCOPE 2
  • Article   31 CONSULTATIONS 2
  • Article   32 CONSTITUTION OF THE ARBITRAL TRIBUNAL 2
  • Article   33 PLACE OF ARBITRATION 2
  • Article   34 ARBITRAL PROCEEDINGS 2
  • Chapter   IV FINAL PROVISIONS 2
  • Article   35 OTHER OBLIGATIONS 2
  • Article   36 DENIAL OF BENEFITS 2
  • Article   37 TRANSPARENCY 2
  • Article   38 INFORMATION REQUIREMENTS AND DISCLOSURE OF INFORMATION 2
  • Article   39 GENERAL EXCEPTIONS  (22) 2
  • Article   40 SECURITY EXCEPTIONS  (25) 3
  • Article   41 PRUDENTIAL MEASURES 3
  • Article   42 PROMOTION AND FACILITATION OF INVESTMENT 3
  • Article   43 TAXATION 3
  • Article   44 ENTRY INTO FORCE, DURATION AND TERMINATION 3
  • ANNEX I  NATIONAL TREATMENT 3
  • ANNEX II  EXPROPRIATION 3
  • ANNEX III  PUBLIC DEBT 3
  • ANNEX IV  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 3