2. Arbitrators may not:
(a) directly or indirectly assume obligations or accept benefits that may in any way interfere with the proper fulfilment of their obligations or allow for the possibility of justifiably doubting such fulfilment,
(b) Use their position in the Arbitral Tribunal to obtain personal or private benefits of any kind, or
(c) allow their conduct or decisions to be affected by financial, business, professional, family or social relationships or responsibilities.
Article 38. Obligations of Those Having Served as Arbitrators
Any person who has served as arbitrator must avoid any advantages resulting from the arbitral decisions or awards adopted by the Arbitral Tribunal.
Article 39. Confidentiality
1. No arbitrator or former arbitrator may at any time disclose or use non-public information about proceedings, or information obtained during any proceedings, except for the purposes of such proceedings, and in no case may any arbitrator or former arbitrator disclose or use such information to obtain benefits for themselves or third parties, or for the purpose of unduly affecting third party interests.
2. Arbitrators and those who have served as arbitrators shall not disclose at any time any deliberations of an Arbitral Tribunal as the opinion of an arbitrator.
Article 40. Commitment
Immediately after being appointed and before accepting their appointment, arbitrators must submit the following commitment:
"I hereby accept my appointment as arbitrator, in accordance with paragraph ( ). Declare that I have no interest in the dispute, and that no other reason can prevent me from serving as a member of the Arbitral Tribunal constituted to settle the dispute between the Parties. I undertake to perform this duty independently, impartially and with integrity, avoiding any direct or indirect conflict of interest, refraining from accepting suggestions or impositions from third parties, and not receiving any compensation related to my service, except for those established in this Agreement. I undertake to disclose, in this commitment and in the future, any information that may affect my independence or impartiality, or that may give rise to justifiable doubts about the integrity and impartiality of this mechanism for the settlement of disputes. I undertake to fulfil my confidentiality obligations with respect to the dispute settlement proceedings and the content of my vote."
Article 41. Challenge of Arbitrators
1. An arbitrator may be challenged on the basis of a failure to meet the requirements for appointment as arbitrator, supervening incapacity or inability to perform their duties, or on the basis of the existence of circumstances that raise justifiable doubts regarding their impartiality or independence.
2. A disputing party may not challenge an arbitrator it has appointed unless the reasons for such challenge become known after the appointment.
3. A disputing party wishing to challenge an arbitrator shall notify its decision within 45 days from the date it was notified of the appointment of the challenged arbitrator, or within a term of 45 days from the date the disputing party learns of any circumstances that may arise after the appointment.
4. The challenge must be founded and informed to the other party, the challenged arbitrator and the other members of the Arbitral Tribunal.
5. The disputing party notifying the decision to challenge an arbitrator may expand the reasons for the challenge after the relevant notice is served.
6. Where an arbitrator has been challenged by a party, the other party may accept the challenge. After being challenged, an arbitrator may also resign. Neither case shall imply acceptance of the validity of the reasons for the challenge.
7. If all parties fail to express their conformity with the challenge or the challenges arbitrator fails to resign within 30 days from the date of notice of such challenge, the disputing party that proposed the challenge may choose to maintain it. In such case, within 30 days as from the date of notice of the challenge, such disputing party may request the President of the International Court of Justice to adopt a founded decision on the challenge.
8. If the President of the International Court of Justice admits the challenge, the disputing party shall appoint a new arbitrator and, in the event an arbitrator has to be replaced during the proceedings, a substitute arbitrator will be appointed.
9. Proceedings will be suspended until the disputing parties grant their consent to the challenge, the challenged arbitrator resigns, or a decision is issued on the proposed challenge.
Part III. General and Final Provisions
Article 42. General Provisions
Time when the claim will be considered submitted to arbitration proceedings
A claim will be deemed to be submitted to arbitration under the terms hereof where:
(a) a request for arbitration under Article 36(1) of the ICSID Convention has been recorded by the Secretary-General, in accordance with paragraph 3 thereof; or
(b) an arbitration notice under the UNCITRAL Arbitration Rules has been received by the disputing party.
Service of Documents
1. Documents must be served at the place specified by each Party. Each Party shall notify and immediately disclose any change in the place specified in this Part.
2. The place for service of the notice of intent to submit a dispute to arbitration and of other documents related to the settlement of disputes under Section B shall be:
(a) For the Argentine Republic:
Ministry of Foreign Affairs and Worship
Esmeralda 1212,
Autonomous City of Buenos Aires, Argentine Republic; and
Argentine Treasury Attomey General's Office
Posadas 1641,
Autonomous City of Buenos Aires, Argentine Republic;
Or its successors.
(b) For the United Arab Emirates:
Ministry of Finance
Al Falah Street 9
P.O. Box 433
Abu Dhabi, United Arab Emirates
Or its successor.
Article 43. Entry Into Force
1. This Agreement and any amendments shall enter into force on the date of receipt of the last notice sent in writing by either of the Parties in order to inform, through diplomatic channels, about the completion of the internal legal procedures for the entry into force of this Agreement and any amendments.
2. This Agreement may be amended by means of a written agreement between the two Parties.
Article 44. Duration and Termination
1. This Agreement shall remain in force for a period of 1O years. After that period, the Agreement shall remain in force unless either Party notifies the other in writing of its intention to denounce it. The notice of termination shall enter into force one year after it is received by the other Party.
2. With respect to the investments made before the date of the notice of termination of this Agreement, the provisions of this Agreement shall remain in force for a term of two years starting on the date of its denunciation.
Conclusion
IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have executed this Agreement.
This Agreement has been done and signed in Abu Dhabi, on 16 April 2018, in two originals in the Spanish, Arabic and English languages, all texts being equally authentic.
In the event of divergence of interpretation, the English text shall prevail.
FOR THE ARGENTINE REPUBLIC
FOR THE UNITED ARAB EMIRATES