(h) accept copies of documents certified in accordance with the laws of the Contracting Party in lieu of the original documents, unless the competent authorities require the original documents to ensure the integrity of the authorization process. When a competent authority of a Contracting Party requires and retains the originals of documents, any other competent authority of that Contracting Party, to the extent consistent with the laws of that Contracting Party, shall accept a certified copy from the applicant or, if applicable, a copy from the authority retaining the original.
4. The Contracting Parties shall ensure that, once an authorization is issued, it takes effect without undue delay in accordance with the applicable terms and conditions. Competent authorities shall not be liable for delays due to causes beyond their control.
5. Each Contracting Party shall, to the extent practicable, not require the applicant to apply to more than one competent authority for each application for authorization. If the issuance of authorization for the realization of an investment falls within the jurisdiction of several competent authorities, multiple applications for authorization may be required. In such cases, to the extent practicable and consistent with its legal system, each Contracting Party is encouraged to use a single point of submission for such applications.
6. Each Contracting Party shall ensure that fees for the issuance of a permit, if any, charged by its competent authorities are reasonable, transparent, based on the authority established by law, and do not in themselves restrict the investment activities of investors of the other Contracting Party. Fees for the issuance of permits do not include fees for the use of natural resources, royalties, payments for auctions, tenders, or other non-discriminatory methods of granting concessions, or mandatory contributions for the provision of universal services.
Article 12. Review and Appeal
1. Each Contracting Party shall establish or maintain judicial, arbitral, or administrative bodies or procedures for the purpose of prompt review and, where appropriate, determination of appropriate remedies regarding administrative decisions affecting matters to which this Agreement applies. Such bodies or procedures shall be impartial and independent of the body authorized to make the relevant administrative decision, and shall have no material interest in the outcome of the case. If such procedures are not independent of the body authorized to make the relevant administrative decision, the Contracting Party shall ensure that the procedures effectively provide for an objective and impartial review.
2. Each Contracting Party shall ensure that, in any such bodies or procedures, the parties to the proceedings have the right to:
(a) a reasonable opportunity to present their respective positions and to submit all relevant information; and
(b) a decision based on evidence and materials collected by the administrative body, if required by the Contracting Party’s legislation.
3. Each Contracting Party shall ensure, without prejudice to the possibility of appeal or further review as provided for in its domestic law, that such decisions are implemented by the authorities with respect to administrative enforcement.
4. This Article shall not be construed as requiring a Contracting Party to establish such bodies or procedures if this would be incompatible with its constitutional structure or the nature of its legal system.
Article 13. Disclosure of Information
Nothing in this Agreement shall be construed as requiring a Contracting Party to provide or permit access to confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of specific enterprises, whether public or private.
Article 14. Settlement of Disputes between the Contracting Parties
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled, where possible, through consultations through diplomatic channels. A Contracting Party shall submit a written request for consultations to the other Contracting Party.
2. If the dispute cannot be resolved in this manner within six months, it shall, at the request of either Contracting Party, be referred to an ad hoc arbitration tribunal.
3. Such an arbitration tribunal shall consist of three arbitrators. Within two months of the date of receipt of the written request for the dispute to be considered by the arbitral tribunal, each Contracting Party shall appoint one member of the arbitral tribunal. Within the following two months, these two members of the arbitral tribunal shall jointly select a citizen of a third state as the chairperson of the arbitral tribunal, in agreement with both Contracting Parties.
4. If the arbitral tribunal has not been constituted within four months from the date of receipt of the written request for the dispute to be heard by an arbitral tribunal, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice of the United Nations to make the necessary appointments. If the President of the International Court of Justice of the United Nations is a national of one of the Contracting Parties or for other reasons is unable to perform the said functions, the necessary appointments shall be made by the next senior member of the International Court of Justice of the United Nations who is not a national of any of the Contracting Parties, and provided there are no other reasons preventing him or her from performing the said functions.
5. The arbitral tribunal shall determine its own rules of procedure. The arbitral tribunal shall render its award in accordance with the provisions of this Agreement. In addition, the arbitral tribunal may apply any relevant rules of international law applicable in the relations between the Contracting Parties. The arbitral tribunal shall interpret the provisions of this Agreement in accordance with the Vienna Convention on the Law of Treaties.
6. The arbitral tribunal shall render its award by a majority vote. Such award shall be final and binding on both Contracting Parties. Upon request by either Contracting Party, the arbitral tribunal shall state the reasons for its award.
7. Each Contracting Party shall bear the costs associated with the activities of the member of the arbitral tribunal appointed by it and with the representation of its interests in the arbitration proceedings. The costs of the chairperson of the arbitral tribunal and other costs of the arbitral tribunal shall be borne by the Contracting Parties in equal shares.
Article 15. Settlement of Disputes between a Contracting Party and an Investor of the other Contracting Party
1. In the event of a dispute between a Contracting Party and an investor of the other Contracting Party regarding an alleged breach by the first Contracting Party of an obligation under this Agreement, which allegedly results in damage to the investor with respect to its investments made in the territory of the first Contracting Party, the claimant shall submit a written request for consultations to the respondent. This Article shall not apply to a dispute between one Contracting Party and an investor of the other Contracting Party regarding an alleged breach of paragraphs 1, 3–5 of Article 3 of this Agreement, or Articles 9–12 of this Agreement.
2. The submission of a request and other documents to a Contracting Party in accordance with this Article shall be made to the competent authority of that Contracting Party. A request shall not be deemed to have been duly delivered unless it has been transmitted to such competent authority. Each Contracting Party shall notify the other Contracting Party through diplomatic channels of such competent authority within 90 days of the date of entry into force of this Agreement and shall make such information publicly available. In the event of any changes regarding a Contracting Party’s competent authority, that Contracting Party shall promptly notify the other Contracting Party.
3. The request referred to in paragraph 1 of this Article shall not be deemed to have been duly delivered if it:
(a) does not specify the name and address of the claimant and, if any, the investor’s representatives;
(b) it does not indicate that the claimant is an investor under this Agreement;
(c) the measures or events giving rise to the dispute are not identified;
(d) a summary of the factual basis is not provided, and for each measure at issue, the provision of the Agreement that is alleged to have been breached and any other relevant provisions are not specified; and
(e) the relief sought and the approximate amount of the claimed damages are not specified.
4. Upon the submission of a request for consultations in accordance with paragraph 1 of this Article, the parties to the dispute shall enter into consultations with a view to reaching a mutually acceptable solution.
5. If the dispute cannot be settled through consultations in accordance with this Article and 180 days have elapsed since the date of receipt of the request for consultations, the claimant may refer the dispute to one of the following bodies:
(a) a competent court of the Contracting Party in whose territory the investment is made; or
(b) an ad hoc arbitral tribunal established in accordance with the UNCITRAL Arbitration Rules; or
(c) if the parties to the dispute agree, any other arbitral institution or in accordance with any other arbitration rules. No other arbitral institutions shall have jurisdiction over disputes referred to in paragraph 1 of this Article.
6. To refer a dispute to arbitration in accordance with paragraph 5 of this article, the claimant shall submit a written request for the referral of the dispute to arbitration to the competent authority of the respondent specified in paragraph 2 of this article. The request to refer the dispute to arbitration shall indicate whether consultations have taken place between the parties to the dispute. By submitting such a request, the claimant consents to arbitration in accordance with the procedures established in this Article.
7. If provided for by the law of a Contracting Party, a claimant who has referred the dispute to a competent court of a Contracting Party in whose territory the investment was made, may suspend the proceedings on the dispute prior to the rendering of a decision by such competent court, in order to refer the dispute to one of the institutions provided for in subparagraphs (b) and (c) of paragraph 5 of this Article.
8. Once the claimant refers the dispute to one of the institutions provided for in subparagraph (b) or (c) of paragraph 5 of this Article, the claimant waives its right to initiate or continue any proceedings regarding the dispute in a competent court of a Contracting Party or any other arbitral institution.
9. A dispute may not be submitted to arbitration pursuant to paragraph 5 of this Article, except where:
(a) the dispute arises from measures and specific provisions of this Agreement that the Contracting Party is alleged to have breached, as included in the request for consultations submitted by the claimant in accordance with paragraph 1 of this Article;
(b) the claimant has submitted a request for consultations within 3 years from the date on which the claimant became aware or should reasonably have become aware of the alleged breach of an obligation under this Agreement, which is alleged to have caused damage to the investor or its investment; and
(c) the dispute is referred to arbitration in accordance with this Article within three years from the date the claimant submitted a request for consultations in accordance with paragraph 1 of this Article, unless the parties to the dispute agree otherwise.
10. Nothing in this Agreement, including paragraph 3 of Article 4 of this Agreement, shall be construed as granting the claimant the right to use mechanisms, institutions, or procedures other than those expressly provided for in this Article to resolve the disputes referred to in paragraph 1 of this Article.
11. Nothing in this Agreement shall prevent the parties to the dispute from resolving such a dispute through non-judicial means, including through conciliation, mediation, and other similar procedures agreed upon by the parties to the dispute.
12. A request for interim measures submitted by the claimant to a judicial authority shall not affect the claimant’s right to refer the dispute to the arbitral institutions provided for in paragraph 5 of this Article.
13. For arbitration proceedings conducted in accordance with the UNCITRAL Arbitration Rules:
(a) three arbitrators shall be appointed to the ad hoc arbitral tribunal;
(b) the language of the arbitration shall be English, unless the parties to the dispute agree otherwise;
(c) the time limits provided for in paragraphs 2 and 3 of Article 9 of the UNCITRAL AL Arbitration Rules shall be 90 days, unless the parties to the dispute agree otherwise;
(d) the time limit provided for in Article 20(1) of the UNCITRAL AL Arbitration Rules, within which the claimant shall send its statement of claim in writing to the respondent and to each of the arbitrators, shall be determined by the arbitral tribunal, but may not be less than 90 days from the date of the request for arbitration, unless the parties to the dispute agree otherwise;
(e) the time limit specified in Article 21(1) of the UNCITRAL Arbitration Rules, within which the respondent shall submit its statement of defense in writing to the claimant and to each of the arbitrators, shall be determined by the arbitral tribunal, but shall not be less than 90 days from the date of the request for arbitration, unless the parties to the dispute agree otherwise;
(f) an objection to the jurisdiction of the arbitral tribunal, the appointment of an arbitrator by the respondent, or the respondent’s participation in the appointment of an arbitrator, or the respondent’s submission of its defense to the claim shall not be construed as the respondent’s consent to the jurisdiction of the arbitral tribunal;
(g) the arbitral tribunal shall render its decision on an objection to the jurisdiction of the arbitral tribunal (ruling on a motion to dismiss for lack of jurisdiction) prior to the consideration of the dispute on the merits as a preliminary matter, unless the parties to the dispute agree otherwise.
14. If the dispute is referred to a specific arbitral institution in accordance with paragraph 5 of this Article, the rules of procedure applicable to such a dispute shall be modified accordingly, as specified in paragraph 13 of this Article.
15. The arbitral tribunal shall render its award in accordance with the provisions of this Agreement. In addition, the arbitral tribunal may apply any relevant rules of international law applicable in relations between the Contracting Parties. The arbitral tribunal shall interpret the provisions of this Agreement in accordance with the Vienna Convention on the Law of Treaties.
16. A joint decision of the Contracting Parties on the interpretation of a provision of this Agreement (joint interpretation) shall be binding on the arbitral tribunal in any current or subsequent dispute, and any award or decision rendered by such an arbitral tribunal shall be consistent with that joint interpretation. For the purpose of reaching a joint interpretation of a specific provision of this Agreement that is the subject of an ongoing dispute, the respondent may request a stay of the arbitral proceedings for a period not exceeding 90 days, unless both Contracting Parties agree otherwise. Such a request may be made by the respondent only once during the arbitration proceedings with the claimant. Upon receipt of such a request, the arbitral tribunal shall suspend the arbitration proceedings until the expiration of the 90-day period or until a joint interpretation is submitted to such arbitral tribunal, whichever occurs first, unless both Contracting Parties agree otherwise.
17. In the event that the arbitral tribunal renders an award against the respondent, the arbitral tribunal may render an award separately or in combination only with respect to:
(a) monetary compensation and any applicable interest; and
(b) restitution of property. In such a case, the award shall provide that the respondent may pay monetary compensation and any applicable interest in lieu of restitution. This does not prevent the arbitral tribunal from allocating the costs of the arbitration proceedings in accordance with the applicable arbitration rules.
18. Any arbitral award may be published with the written consent of both parties to the dispute or in those cases and to the extent 24 in which disclosure of information is required of a party to the dispute as a result of a legal obligation incumbent upon it, for the purpose of defending or preserving a legal right, or in connection with legal proceedings before a court or other competent authority.
19. The arbitral award shall be final and binding on both parties to the dispute. Each Contracting Party shall ensure the enforcement of the arbitral award in accordance with its laws.
Article 16. Other Obligations
If the provisions of the laws of either Contracting Party or obligations under international treaties that are currently in force or will be concluded in the future between the Contracting Parties in addition to this Agreement contain provisions granting more favorable treatment to investments by investors of the other Contracting Party than that provided under this Agreement, such provisions shall apply to the extent more favorable to the investor. For the purpose of further bilateral investment,
Article 17. Review
To promote and facilitate the implementation of this Agreement, the Contracting Parties shall periodically review its application. The Contracting Parties may engage in discussions regarding the inclusion of additional obligations or other clarifications in the provisions of this Agreement in the interests of both Contracting Parties.
Article 18. Implementation
Each Contracting Party shall fulfill the obligations it has assumed with respect to investments made by investors of the other Contracting Party in accordance with this Agreement.
Article 19. Consultations
The Contracting Parties shall, at the request of either of them, hold consultations on any matter concerning the interpretation or application of this Agreement. If one Contracting Party requests such consultations, the other Contracting Party shall respond in a timely manner.
Article 20. Entry Into Force, Duration, and Termination
1. This Agreement shall enter into force on the first day of the month following the date on which both Contracting Parties have notified each other in writing of the completion of their respective internal procedures necessary for the entry into force of this Agreement.
2. This Agreement shall remain in force for a period of 10 years. Upon expiration of this term, this Agreement shall be automatically extended for successive 5-year periods unless either Contracting Party notifies the other Contracting Party in writing at least 12 months prior to the expiration of the relevant 5-year period of its intention to terminate this Agreement.
3. With respect to investments made prior to the date of termination of this Agreement, the provisions of Articles 1 through 19 of this Agreement shall continue to apply for a period of 10 years following the date of termination of this Agreement.
4. Upon the entry into force of this Agreement, the Agreement between the Government of the Russian Federation and the Government of the People’s Republic of China on the Promotion and Reciprocal Protection of Investments dated November 9, 2006 (hereinafter referred to as the “2006 Agreement”) shall automatically terminate.
5. Notwithstanding paragraph 4 of this Article, with respect to any act or fact that occurred, or any situation that existed, during the term of the 2006 Agreement, and with respect to investments made prior to the entry into force of this Agreement, Articles 1 - 12 of the 2006 Agreement and the Protocol to the 2006 Agreement shall continue to apply for a period of 3 years from the date of entry into force of this Agreement.
6. The Contracting Parties may agree in writing to amend this Agreement. In witness whereof, the undersigned, duly authorized thereto by their respective governments, have signed this Agreement.
Conclusion
Done at Moscow on May 8, 2025, in two copies in the Russian, Chinese, and English languages, all texts being equally authentic.
In case of any discrepancy in interpretation, the English text shall prevail.
For the Government of the Federation
For the Government of the People’s Republic of China
