3. The tribunal selected by the complaining Party that initiated the dispute settlement procedure under this Chapter or another international agreement regarding a specific measure referred to in paragraph 2 of this Article shall be the sole forum for the resolution of the dispute, except where the selected court is unable to resolve the dispute for jurisdictional or procedural reasons.
4. For the purposes of paragraph 3 of this Article:
(a) The dispute settlement procedure under this Chapter shall be deemed to have commenced upon a Party’s request for the establishment of an arbitration panel pursuant to Article 5.8;
(b) A dispute settlement procedure under any other agreement shall be deemed to have commenced in accordance with the relevant provisions of such agreement.
Article 5.27. Expenses
1. Unless the Parties agree otherwise, the costs associated with the activities of the arbitration panel and other costs associated with the proceedings shall be borne by both Parties in equal shares.
2. Each Party shall bear its own costs and legal expenses incurred during the proceedings before the arbitration panel.
Article 5.28. Mutual Agreement
1. The Parties may at any time reach a mutually agreed solution regarding any dispute concerning the matters specified in Article 5.3.
2. If a mutually agreed solution is reached during the arbitration panel proceedings, the Parties shall jointly notify the chair of the arbitration panel thereof. Upon such notification, the arbitration panel’s proceedings shall cease.
3. Each Party shall take the measures necessary to reach a mutually agreed solution within the agreed time period.
4. No later than the expiration of the agreed-upon time period, the implementing Party shall inform the other Party in writing of any measures it has taken to reach a mutually agreed-upon decision.
Article 5.29. Time Periods
1. All time periods specified in this Chapter shall be calculated in calendar days from the day followingthe date of the act to which they relate, unless otherwise specified in this Chapter.
2. Any time period specified in this Chapter may be modified by mutual agreement of the Parties.
Article 5.30. Annexes
The following Annexes form an integral part of this Chapter:
• Annex 5A (Rules of Procedure of the Arbitration Panel);
• Annex 5B (Code of Conduct for Members of the Arbitration Panel and Other Persons Involved in Dispute Settlement Proceedings under this Agreement).
Annex 5A. RULES OF PROCEDURE OF THE ARBITRATION PANEL
Schedule
1. After consulting with the Parties, the arbitration panel shall, if possible, establish a schedule for its work within 7 days of the appointment of the last member of the arbitration panel. The indicative schedule attached to this Annex should be used as a guide.
2. The arbitration panel’s proceedings shall, as a rule, not exceed 140 days from the date of the establishment of the arbitration panel to the date of the final report, unless the Parties agree otherwise.
3. If the arbitration panel deems it necessary to modify the schedule, it shall inform the Parties in writing of the proposed modification and the reasons therefor.
Written Submissions and Other Documents
4. Unless the arbitration panel decides otherwise, the complaining Party shall submit its initial written submission to the arbitration panel no later than 35 days after the date of appointment of the last member of the arbitration panel. The Party complained against shall submit its initial written submission to the arbitration panel no later than 20 days from the date the complaining Party submitted its first written submission. Copies shall be provided to each member of the arbitration panel.
5. Each Party shall also provide a copy of its initial written submission to the other Party at the same time as it is submitted to the arbitration panel.
6. Within 10 days after the conclusion of the hearings, each Party may submit to the arbitration panel and to the other Party a supplementary written submission addressing any issue raised during the hearings.
7. All written submissions provided to the arbitration panel or by one Party to the other Party shall also be provided in electronic form.
8. Minor clerical errors in any request, notice, written submission, or other document related to the proceedings involving the arbitration panel may be corrected by submitting a new document clearly indicatingthe changes.
The Work of the Arbitration Panel
9. The chair of the arbitration panel presides over all of its meetings. The arbitration panel may delegate to the chair the authority to make administrative and procedural decisions.
10. Discussions within the arbitration panel are confidential. Only members of the arbitration panel may participate in the panel’s discussions. The arbitration panel’s reports are prepared without the presence of the Parties, taking into account the information provided and the statements made.
11. The opinions expressed in the panel report by individual members of the arbitration panel shall be anonymous.
Hearings
12. The schedule drawn up in accordance with Rule 1 of this Annex shall provide for at least one hearing for the Parties to present their positions to the arbitration panel.
13. Upon agreement of the Parties, the arbitration panel may schedule additional hearings.
14. All members of the arbitration panel shall be present at the hearings. The hearings of the arbitration panel shall be held in private, with only the members of the arbitration panel and the Parties present. However, by agreement of the Parties, assistants, interpreters, or designated secretaries may be present at the hearings to assist the arbitration panel in its work. Any such arrangements approved by the arbitration panel may be modified with the consent of the Parties.
15. The panel shall conduct the hearings in such a manner that the complaining Party and the responding Party have equal time to present their positions. The panel shall conduct the hearings in the following order: arguments of the complaining Party; arguments of the responding Party; reply of the complaining Party; the respondent’s rebuttal; closing statement by the complaining Party; closing statement by the responding Party. The Chair may set time limits for oral arguments to ensure equal time for each Party.
Questions
16. The arbitration panel may ask questions of either Party at any time during the proceedings. The Parties shall promptly and fully respond to any request by the arbitration panel for information that the arbitration panel deems necessary and relevant.
17. If a question is posed in writing, each Party shall also provide a copy of its response to such questions to the other Party simultaneously with its submission to the arbitration panel. Each Party shall be given an opportunity to submit written comments on the other Party’s response.
Confidentiality
18. The arbitration panel hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential any information that the other Party has submitted to the arbitration panel and designated as confidential.
19. If one of the Parties designates its written submissions to the arbitration panel as confidential, it shall, upon request by the other Party, provide the arbitration panel and the other Party with a non-confidential summary of the information contained in its written submissions. Unless the Parties agree otherwise, a non-confidential summary of the information may be disclosed to the public within a reasonable timeframe. Nothing in these Rules prevents a Party from publicly disclosing statements regarding its position.
Role of Experts
20. At the request of a Party or on its own initiative, the arbitration panel may seek information and technical advice from any person or body it deems necessary, with the consent of the Parties and in a manner agreed upon by the Parties. The arbitration panel shall provide the Parties with any information obtained in this manner for comment.
Working Language
21. The working language of the proceedings involving the arbitration panel, including written submissions, oral arguments or presentations, the arbitration panel’s report, and all written and oral communications between the Parties and the arbitration panel, shall be English.
Venue
22. The venue for the arbitration panel hearings shall be determined by agreement of the Parties. If no agreement is reached, the first hearing shall be held in the territory of the Party against which the complaint is filed, and any additional hearings shall be held in the territories of the Parties on an alternating basis.
Costs
23. The arbitration panel shall keep records and prepare a final report on all general expenses incurred in connection with the proceedings, including expenses for the services of its assistants, secretaries, or other persons it engages.
Indicative Schedule for the Arbitration Panel
The arbitration panel was established on xx/xx/xxxx.
1. Receipt of the Parties’ initial written submissions:
(a) The complaining Party – 35 days from the date of appointment of the last member of the arbitration panel;
(b) Respondent – 20 days from the date of the act specified in subparagraph (a);
2. The date of the first hearing with the Parties present—20 days after receipt of the defendant’s initial submission;
3. Receipt of the Parties’ written supplementary submissions – 10 days from the date of the first hearing;
4. Preparation of a preliminary report for the Parties – 90 days after receipt of the written supplementarysubmissions;
5. Deadline deadline for by the Parties written comments onthe preliminary report – 15 days after the release of the initial report; and
6. Preparation of the final report by the Parties – within 140 days after the submission of the preliminary report.
Annex 5B. CODE OF CONDUCT FOR MEMBERS OF THE ARBITRATION PANEL AND OTHER PERSONS INVOLVED IN THE DISPUTE SETTLEMENT PROCEDURE IN ACCORDANCE WITH THIS AGREEMENT
Definitions
1. For the purposes of this Annex:
(a) “assistant” means a person who, in accordance with the terms of appointment of a member of the arbitration panel, conducts research or assists a member of the arbitration panel;
(b) “member of the arbitration panel” means a member of the arbitration panel, established in accordance with Article 5.8;
(c) proceeding, unless otherwise specified, means a proceeding involving an arbitration panel in accordance with this Chapter; and
(d) “staff” with respect to a member of the arbitration panel means persons under the direction and control of the member of the arbitration panel, excluding assistants.
Responsibilities During the Proceedings
2. Each member of the arbitration panel shall avoid improper conduct and the appearance of improper conduct, shall be independent and impartial, shall avoid direct and indirect conflicts of interest, and shall adhere to high standards of conduct in order to preserve the integrity and impartiality of the dispute resolution process. Former members of the arbitration panel shall comply with the obligations set forth in accordance with paragraphs 17–20.
Disclosure Obligations
3. Prior to confirmation of selection as a member of the arbitration panel pursuant to this Agreement, a candidate shall disclose any interests, relationships, or matters that may affect his or her independence or impartiality or that may reasonably create an appearance of impropriety or bias in the proceedings. To this end, the candidate shall use all reasonable efforts to become aware of any such interests, relationships, and matters.
4. After selection, a member of the arbitration panel shall continue to use all reasonable efforts to become aware of any interests, relationships, and matters referred to in paragraph 3 of this Annex and shall disclose them by notifying the Joint Committee in writing for review by the Parties. The duty of disclosure is a continuing duty that requires a member of the arbitration panel to provide information regarding any such interests, relationships, and matters that may arise at any stage of the proceedings.
Performance of Duties by Members of the Arbitration Panel
5. A member of the arbitration panel shall comply with the provisions of this Chapter and the applicable rules of procedure.
6. Once selected, a member of the arbitration panel shall perform his or her duties diligently and expeditiously throughout the proceedings, acting fairly and conscientiously.
7. A member of the arbitration panel shall not deprive other members of the arbitration panel of the opportunity to participate in all aspects of the proceedings.
8. A member of the arbitration panel shall consider only those issues that have been raised during the proceedings and are necessary for the decision, and shall not delegate the responsibility for the decision to any other person.
9. A member of the arbitration panel shall take all necessary measures to ensure that his or her assistant and staff are aware of and comply with the provisions of paragraphs 2, 3, 4, 19, 20, and 21.
10. A member of the arbitration panel shall not engage in ex parte communications regarding the proceedings.
11. A member of the arbitration panel shall not inform another member of the arbitration panel of matters concerning actual or potential violations of this Annex, except where such information is intended for both Parties or is necessary to determine whether that member of the arbitration panel has violated or may violate the provisions of this Annex.
Independence and Impartiality of Arbitration Panel Members
12. A member of the arbitration panel shall be independent and impartial. A member of the arbitration panel shall act with integrity and avoid creating the appearance of impropriety or bias.
13. A member of the arbitration panel shall not be guided by self-interest, external pressure, political considerations, public opinion, loyalty to any Party, or fear of criticism.
14. A member of the arbitration panel shall not, directly or indirectly, assume any obligations or accept any benefits that may in any way interfere with or appear to interfere with the proper performance of the member’s duties on the arbitration panel.
15. A member of the arbitration panel shall not use his or her position on the arbitration panel to advance any personal or private interests. A member of the arbitration panel shall avoid actions that may create the impression that other persons are in a special position to influence the member of the arbitration panel. A member of the arbitration panel shall make every effort to prevent or deter other persons from presenting themselves in such a position.
16. A member of the arbitration panel shall not allow past or present financial, business, professional, family, or social relationships or obligations to influence the member’s conduct or judgment.
17. A member of the arbitration panel shall avoid entering into any relationship or acquiring any financial interest that may affect the impartiality of the member of the arbitration panel or that may reasonably create the appearance of impropriety or bias.
Duties in Specific Situations
18. A panel member or former panel member shall avoid actions that might create the impression that the panel member was biased in the performance of their duties or benefited from the panel’s decision or report.
Confidentiality
19. A member of the arbitration panel or a former member of the arbitration panel shall under no circumstances disclose or use any non-public information relating to the proceedings or obtained in the course of the proceedings, except for the purposes of the proceedings, and shall not, under any circumstances, disclose or use any such information for personal gain or the gain of others, or to adversely affect the interests of others.
20. A member of the arbitration panel shall not disclose the arbitration panel’s report or any part thereof prior to its publication.
21. A member of the arbitration panel or a former member of the arbitration panel shall not, under any circumstances, disclose information regarding the deliberations of the arbitration panel or the opinion of any member of the arbitration panel, except as required by legislative or constitutional requirements.
Chapter 6. ADMINISTRATION OF THE AGREEMENT
Article 6.1. Joint Committee
1. The Parties hereby establish a Joint Committee.
2. Joint Committee:
(a) consists of representatives from Belarus and the UAE; and
(b) may establish standing or ad hoc subcommittees or working groups and delegate any of its powers to them.
3. A meeting of the Joint Committee shall be held within one year of the entry into force of this Agreement. Thereafter, such meetings shall be held every two years, unless the Parties agree otherwise, for the purpose of considering any matters related to this Agreement. Regular meetings of the Joint Committee shall be held alternately in the territories of the Parties, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by representatives designated by Belarus and the UAE at the ministerial level or by their designated representatives.
4. The Joint Committee shall also hold special meetings without undue delay upon receipt of a request from either Party.
5. The functions of the Joint Committee shall be as follows:
(a) to review and evaluate the results and overall functioning of this Agreement, taking into account its objectives and the experience gained during its implementation;
(b) to consider and recommend to the Parties any amendments to this Agreement, including changes to the concessions granted under this Agreement;
(c) to facilitate the amicable settlement of disputes between the Parties arising out of the interpretation or application of this Agreement;
(d) supervise and coordinate the work of all subcommittees and working groups established under this Agreement;
(e) consider any other matters that may affect the operation of this Agreement;
(f) upon request by either Party, propose a mutually agreed interpretation of the provisions of this Agreement;
(g) make decisions or issue recommendations in accordance with this Agreement; and
(h) perform such other functions as may be agreed upon by the Parties.
6. The Joint Committee shall establish its own rules of procedure.
7. Meetings of the Joint Committee and any standing or ad hoc subcommittees or working groups may be held in person or by any other means determined by the Parties.
Article 6.2. Point of Contact
1. Each Party shall designate a point of contact to receive and facilitate official communications between the Parties on any matter relating to this Agreement.
2. All official communications under this Agreement shall be conducted in English.
Chapter 7. FINAL PROVISIONS
Article 7.1. Annexes and Footnotes
The Annexes and footnotes to this Agreement are an integral part of this Agreement.
Article 7.2. Amendments
The Parties may in writing agree to make amendments to this Agreement in accordance with the constitutional requirements and legal procedures of the Parties. Such amendments shall enter into force and form an integral part of this Agreement in the manner provided for in Article 7.4.
Article 7.3. Accession
This Agreement is open for accession by any country or group of countries after the date of its entry into force. Any country or group of countries may accede to this Agreement on terms agreed upon between the country or the group of countries and the Parties, and following approval in accordance with the applicable legal requirements and procedures of each Party and acceding country.
Article 7.4. Entry Into Force and Termination
1. The entry into force of this Agreement is subject to the completion by each Party of the necessary domestic legal procedures.
2. This Agreement shall enter into force 60 days after the date of the last written notification in which the Parties inform each other of the completion of such procedures.
3. This Agreement shall remain in force indefinitely unless terminated in accordance with paragraph 4 of this Article.
4. Either Party may express its intention to terminate this Agreement by notifying the other Party in writing through diplomatic channels, and such termination shall take effect six months after the date of notification.
5. Within 30 days of receiving a notice in accordance with paragraph 4 of this Article, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than that provided for in paragraph 4 of this Article. Such consultations shall commence within 30 days of the Party’s submission of such a request. If no consensus is reached as a result of the consultations, this Agreement shall terminate in accordance with paragraph 4 of this Article.
Article 7.5. Authentic Texts
This Agreement is drawn up in two copies, each in the Russian, Arabic, and English languages. All texts are equally authentic. In the event of any discrepancy in the interpretation of this Agreement, the English text shall prevail.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized in accordance with national law, have signed this Agreement.
Done at Minsk on June 27, 2025.
For the Government of the Republic of Belarus
For the Government of the United Arab Emirates
Annex 7A. ENERGY SECTOR
With respect to this Agreement, the Parties have reached the following understanding:
(a) The UAE is an independent, sovereign, federal state comprising seven sovereign Member Emirates (hereinafter referred to as the “Member Emirates”), each of which, in accordance with the Constitution of the UAE, retains sovereignty, sovereign rights, and exclusive jurisdiction over its natural resources and wealth, which constitute the energy sector that is the subject of this Annex. For greater clarity, for the purposes of this Annex, the “Energy Sector” includes all hydrocarbons, such as oil, gas, and condensates, their derivatives and primary by-products, as well as the ownership, management, exploration, development, and production, operation (including reservoir management), transportation, storage, processing, and marketing, including retail sales.
(b) In light of the foregoing, the Agreement does not confer any rights upon Belarus nor does it impose any obligations on the UAE or any Member State with respect to activities falling within the energy sector. Accordingly, the energy sector is excluded from all provisions of the Agreement, including Chapter 5 (Dispute Settlement). Matters relating to the energy sector of any Member Emirate fall within the exclusive jurisdiction of that Member Emirate. All decisions made by the competent authorities (“Competent Authorities”) of the Member Emirates in the energy sector within their jurisdiction shall be final, binding, and not subject to review or challenge.
(c) Notwithstanding the foregoing, in the event of a dispute regarding the interpretation or application of this Annex, Belarus and the UAE shall, at the request of either Party, engage in confidential consultations in accordance with Article 5.6 (Consultations). The Parties shall use their best efforts during the consultations to reach a mutually acceptable solution within 60 days of the receipt of the request.
(d) If Belarus and the UAE are unable to reach a mutually acceptable solution within 60 days of the request being received, or if the UAE fails to fulfill its obligations under the agreed solution within the agreed timeframe, the only possible measure on the part of Belarus will be to revoke the concessions under the Agreement, in proportion to the trade effects that such a measure provides or may provide. In addition, Belarus shall revoke its compensatory measure to the extent that the UAE’s measure ceases to apply. The UAE shall also be entitled to follow this procedure in the event of a dispute regarding the proportionality of the compensatory measure imposed by Belarus. In such a case, the UAE shall also have the right to imposerestrictions proportional to the economic consequences of the disproportionate compensatory measure imposed by Belarus.
(e) For greater clarity, neither Party shall resort to any further proceedings regarding this Annex under this Agreement or in any other form.
(f) Belarus and the UAE agree that this Annex constitutes an integral part of the Agreement and that, in the event of any inconsistency between this Annex and the provisions of the Agreement, this Annex shall prevail to the extent of such inconsistency.