Chapter VII. Final Provisions
Article 33. Relationship with other Agreements
33.1 This Agreement or any action taken hereunder shall not affect the rights and obligations of the Parties under any other Agreements to which they are parties.
33.2 Any inconsistency, or question regarding the relationship between this Agreement and another bilateral agreement between the Parties, or a multilateral agreement to which both Parties are a party, shall be resolved in accordance with the principles of international law.
Article 34. Denial of Benefits
The authorities of a territory may at any time, including after the institution of arbitration proceedings in accordance with Chapter IV of this Agreement, deny the benefits of this Agreement to:
(a) investor owned or controlled, directly or indirectly, by persons of a non-Party territory or of the territory of the denying authority; or
(b) an investment or investor that has been established or restructured with the primary purpose of gaining access to the dispute resolution mechanisms provided in this Agreement.
Article 35. Consultations and Periodic Review
35.1 Either Party may request, and the other Party shall promptly agree to, consultations in good faith on any issue regarding the interpretation, application, implementation, execution or any other matter including, but not limited to:
(a) reviewing the implementation of this Agreement;
(b) reviewing the interpretation or application of this Agreement;
(c) exchanging legal information; and
(d) addressing disputes arising under Chapter IV of this Agreement, or
(e) any other disputes arising out of investment.
35.2 Further to consultations under this Article, the Parties may take any action as they may jointly decide, including making and adopting rules supplementing the applicable arbitral rules under Chapter IV or Chapter V of this Agreement, issuing binding interpretations of this Agreement, and adopting joint measures in order to improve the effectiveness of this Agreement.
35.3 The Parties shall meet every five (5) years after the entry into force of this Agreement to consult and review the operation and effectiveness of this Agreement.
Article 36. Coordination Mechanism
36.1 The Parties shall set up the Coordination Mechanism by designating representatives from the competent authorities of the territories to provide assistance in the resolution of any incidents or activities relating to investors and their investments.
36.2 In the event of any such incidents or activities referred to in the previous paragraph, upon request from the investor to its respective Party, such Party shall task the Coordination Mechanism to meet, in an appropriate manner, within thirty (30) days of such request for the purpose of addressing such incidents or activities.
Article 37. Amendments
37.1 This Agreement may be amended at any time at the request of either Party. The requesting Party must submit its request in written form explaining the grounds on which the amendment shall be made. The other Party shall consult with the requesting Party regarding the proposed amendment and must also respond to the request in writing.
37.2 This Agreement will stand automatically amended at all times to the extent that the Parties agree. Any agreement to amend the Agreement pursuant to this Article must be expressed in writing, whether in a single written instrument or through an exchange of notes. These amendments shall be binding on the tribunals constituted under Chapter IV or Chapter V of this Agreement and an award of the tribunals must be consistent with all amendments to this Agreement.
Article 38. Entry Into Force, Duration and Termination
38.1 This Agreement shall enter into force by exchange of letters between the Parties informing each other of the completion of their necessary internal procedure for this Agreement .
38.2 This Agreement shall remain in force for a period of ten (10) years and shall lapse thereafter unless the Parties expressly agree in writing that it shall be renewed. This Agreement may be terminated any time after its entry into force if either Party gives to the other Party a prior notice in writing twelve (12) months in advance stating its intention to terminate the Agreement. The Agreement shall stand terminated immediately after the expiry of the twelve (12) month notice period.
38.3 In respect of investments made prior to the date when the termination of this Agreement becomes effective, the provisions of this Agreement shall remain in force for a period of eight (8) years.
Conclusion
In witness whereof the undersigned, being duly authorised thereto have signed this Agreement.
Done at Taipei on 18 December 2018 in the Chinese, Hindi and English languages, all texts being equally authoritative.
In case of any divergence in interpretation, the English text shall prevail.
Representative
Taipei Economic and Cultural Center in India
Director General
India Taipei Association in Taipei
Attachments
Annex. Security exceptions
The Parties confirm the following understanding with respect to interpretation and/or implementation of Article 32[Security Exceptions] of this Agreement:
(a) the measures referred to in Article 32.3 are measures where the intention and objective of the authorities of the territory of a Party imposing the measures is for the protection of its essential security interests. These measures shall be imposed on a non-discriminatory basis and may be found in any of its legislation or regulations:
(i) In the case of ITA, the applicable measures referred to in Article 32.3 are currently set out in the regulations framed under the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder. ITA shall, upon request by the other Party, provide information on the measures concerned;
(ii) In the case of TECC, the applicable measures referred to in Article 32.3 are currently set out in the regulations framed under the Foreign Exchange Regulation Act and the rules and regulations made thereunder. TECC shall, upon request by the other Party, provide information on the measures concerned.
(b) Where the authorities of a territory asserts as a defence that conduct alleged to be a breach of its obligations under this Agreement is for the protection of its essential security interests protected by Article 32 [Security Exceptions], any decision of such authorities a territory taken on such security considerations and its decision to invoke Article 32 [Security Exceptions] at any time, whether before or after the commencement of arbitral proceedings shall be non-justiciable. It shall not be open to any tribunal constituted under Chapter IV or Chapter V of this Agreement to review any such decision, even where the arbitral proceedings concern an assessment of any claim for damages and/or compensation, or an adjudication of any other issues referred to such tribunal.