(d) specify the relief sought and the approximate amount of damages claimed.
4. The request for consultations is not considered duly delivered if it does not contain the elements listed in paragraph 3 of this Article, or if it is not served to the competent authority of the Contracting Party in accordance with paragraph 2 of this Article.
5. After the request for consultations is made pursuant to paragraph 1 of this Article, the disputing parties shall enter into consultations with a view to reaching a mutually satisfactory solution.
6. If a dispute cannot be settled by consultations pursuant to this Article and one (1) year have elapsed since the date of the receipt of the request for consultations, the claimant, unless otherwise agreed by the Contracting Parties. may submit the dispute to one of the following institutions:
(a) a competent court of the Contracting Party in the territory of which the investment is made; or
(b) an ad hoc arbitration tribunal established under the UNCITRAL Arbitration Rules; or
(c) the Hong Kong International Arbitration Centre; or
(d) if the disputing parties agree, to any other arbitration institution or under any other arbitration rules.
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 this 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 two (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 three (3) years from the date on which the claimant sent the request for consultations under paragraph 1 of this Article.
11. 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 from 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) Three arbitrators shall be appointed to an ad 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 ninety (90) days.
(d) The period of time provided for in paragraph 1 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 ninety (90) days {rom the date of delivery of the request for arbitration.
(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 ninety (90) days from the date of delivery of the request for arbitration.
(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.
(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 1-year 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 sixty (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 a tribunal 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 provisions of laws and regulations of either Contracting Party or obligations under international treaties to which both Contracting Parties are parties existing on the date of entry into force of this Agreement or international treaties established thereafter between the Contracting Parties in addition to this Agreement contain the provisions entitling investments by investors of the other Contracting Party to a treatment more favorable than is provided for by the Agreement, such provisions shall. to the extent that they are more favourable to the investor, be applied.
Article 17. Consultations
1. The Contracting Parties shall consult. at the request of either of them, on the matters concerning the interpretation, application or any other matter relating to this Agreement. Where either Contracting Party requests such consultation, the other Contracting Party shall give prompt response.
2. The Contracting Parties may agree on joint understandings on interpretation of the provisions of this Agreement, which shall be binding upon the Contracting Parties and arbitration tribunals established under this Agreement.
Article 18. Entry Into Force, Duration and Termination
1. This Agreement shall enter into force on the first day of the month following after the date on which both Contracting Parties have notified each other in writing that their respective internal legal procedures necessary therefore have been fulfilled.
2. This Agreement shall remain in force for a period of fifteen (15) years. This Agreement will be extended for subsequent periods with the mutual consent of Contracting Parties in writing. After the period of initial fifteen (15) years, within subsequent periods this Agreement may be terminated any time if either Contracting Party gives the other Contracting Party a prior notice in writing twelve (12) months in advance stating its intention to terminate this Agreement. The notice of termination shall become effective one year after it has been received by the other Contracting Party.
3. In respect 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 eight (8) 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 Saint-Petersburg on 20 June 2025 in duplicate each in the Russian, Myanmar and English languages. all texts being equally authentic. In case of divergent interpretation. the English text shall be used.
For the Government of the Russian Federation
For the Government of the Republic of the Union of Myanmar