AGREEMENT BETWEENJAPAN AND THE HASHEMITE KINGDOM OF JORDANFOR THE PROMOTION AND PROTECTION OF INVESTMENT

AGREEMENT BETWEEN JAPANAND THE HASHEMITE KINGDOM OF JORDANFOR THE PROMOTION
AND PROTECTION OF INVESTMENT
Japan and the Hashemite Kingdom of Jordan (hereinafterreferred to as “the Contracting Parties”),
Desiring to further promote investment in order tostrengthen the economic relationship between theContracting Parties;
Intending to further create stable, equitable,favourable and transparent conditions for greater
investment by investors of a Contracting Party in the Areaof the other Contracting Party;
Recognising that these objectives can be achieved
without relaxing health, safety and environmental measuresof general application; andRecognising the importance of the cooperative
relationship between labour and management in promoting
investment between the Contracting Parties;
Have agreed as follows:
CHAPTER IINVESTMENT
Article 1
Definitions
For the purposes of this Agreement:(a)the term “investment” means every kind of asset
made in accordance with applicable laws andregulations, owned or controlled, directly or
indirectly, by an investor, including:(i)an enterprise and a branch of an enterprise;(ii)

shares, stocks or other forms of equity
participation in an enterprise;(iii)

bonds, debentures, loans and other forms of
debt;

(iv)

futures, options and other derivatives;

－1－

(v)

rights under contracts, including turnkey,
construction, management, production orrevenue-sharing contracts;(vi)

claims to money and to any performance undercontract having a financial value;(vii)

intellectual property rights, including
copyrights and related rights, patent rights
and rights relating to utility models,trademarks, industrial designs, layoutdesigns of integrated circuits, newvarieties of plants, trade names,
indications of source or geographicalindications and trade secret;(viii)

rights conferred pursuant to laws andregulations or contracts such asconcessions, licences, authorisations andpermits, including those for the explorationand exploitation of natural resources; and(ix)

any other tangible and intangible, movableand immovable property, and any related
property rights, such as leases, mortgages,
liens and pledges;

An investment includes the amounts yielded by aninvestment, in particular, profit, interest,
capital gains, dividends, royalties and fees. Achange in the form in which assets are invested
does not affect their character as an investment.
For greater certainty, this provision shall apply
only where the assets still fall within thedefinition contained in this subparagraph.
Note:

For the avoidance of doubt in this
Article, an investment does not include:(i)public debt; or(ii)claims to money arising solely from:(A)

commercial contracts for the sale ofgoods or services by a national or an
enterprise in the Area of a Contracting
Party to a national or an enterprise in
the Area of the other Contracting
Party; or

－2－

(B)
(b)

credits granted in relation with acommercial transaction under a contractreferred to in (ii)(A) of this note;the term “investor of a Contracting Party” means:(i)a natural person having the nationality ofthat Contracting Party in accordance with
its laws and regulations; or(ii)

an enterprise of that Contracting Party,

that is making or has made investments in the
Area of the other Contracting Party;(c)the term “enterprise” means any legal person or
any other entity duly constituted or organised
under the applicable laws and regulations,
including any corporation, trust, partnership,
sole proprietorship, joint venture, association,organisation or company;
Note: The purpose, and the matters relating tothe ownership or control, of a legal
person or other entity are without
prejudice to whether the legal person orother entity fall within the definition of
the enterprise.

(d)the term “enterprise of a Contracting Party”
means an enterprise duly constituted or organised
under the applicable laws and regulations of thatContracting Party;(e)the term “investment activities” means operation,
management, maintenance, use, enjoyment and saleor other disposal of investments;(f)the term “Area” means, with respect to aContracting Party, the territory of thatContracting Party, and the exclusive economic
zone and the continental shelf with respect towhich that Contracting Party exercises sovereign
rights or jurisdiction in accordance withinternational law;(g)

the term “freely usable currency” means freely
usable currency as defined under the Articles ofAgreement of the International Monetary Fund;

－3－

(h)

the term “WTO Agreement” means the Marrakesh
Agreement Establishing the World Trade
Organization, done at Marrakesh, April 15, 1994;(i)the term “TRIPS Agreement” means the Agreement on
Trade-Related Aspects of Intellectual Property
Rights in Annex 1C to the WTO Agreement;(j)

the term “ICSID” means the International Centre
for Settlement of Investment Disputes;(k)

the term “ICSID Additional Facility Rules” means
the Rules Governing the Additional Facility for
the Administration of Proceedings by the
Secretariat of the International Centre for
Settlement of Investment Disputes;(l)the term “ICSID Convention” means the Convention
on the Settlement of Investment Disputes between
States and Nationals of other States, done at
Washington, March 18, 1965;(m)the term “New York Convention” means theConvention on the Recognition and Enforcement of
Foreign Arbitral Awards, done at New York, June
10, 1958; and(n)the term “UNCITRAL Arbitration Rules” means thearbitration rules of the United Nations
Commission on International Trade Law.
Article 2
Promotion and Admission of Investment

1.
Each Contracting Party shall encourage and create
favourable conditions for investors of the other
Contracting Party to make investments in its Area.
2.
Each Contracting Party shall, subject to its
applicable laws and regulations, including those withregard to foreign ownership and control, admit investment
of investors of the other Contracting Party.
Article 3
National Treatment
1.
Each Contracting Party shall in its Area accord toinvestors of the other Contracting Party and to theirinvestments treatment no less favourable than the treatment
it accords in like circumstances to its own investors andto their investments with respect to investment activities.

－4－

2.
Paragraph 1 shall not be construed to prevent aContracting Party from adopting or maintaining a measurethat prescribes special formalities in connection withinvestment activities of investors of the other Contracting
Party in its Area, provided that such special formalities
do not impair the substance of the rights of such investors
under this Agreement.
Article 4
Most-Favoured-Nation Treatment
Each Contracting Party shall in its Area accord toinvestors of the other Contracting Party and to theirinvestments treatment no less favourable than the treatment
it accords in like circumstances to investors of a nonContracting Party and to their investments with respect toinvestment activities.
Note:

For greater certainty, the treatment referred
to in this Article does not encompass theprovisions on dispute settlement contained inany bilateral or multilateral international
agreement.
Article 5
General Treatment

Each Contracting Party shall in its Area accord toinvestments of investors of the other Contracting Party
treatment in accordance with customary international law,
including fair and equitable treatment and full protection
and security.
Article 6
Access to the Courts of Justice
Each Contracting Party shall in its Area accord toinvestors of the other Contracting Party treatment no lessfavourable than the treatment which it accords in likecircumstances to its own investors or investors of a nonContracting Party with respect to access to the courts ofjustice and administrative tribunals and agencies in all
degrees of jurisdiction, both in pursuit and in defence ofsuch investors’ rights.

－5－Article 7
Transparency
1.
Each Contracting Party shall promptly publish, orotherwise make publicly available, its laws, regulations,administrative procedures, administrative rulings andjudicial decisions of general application as well asinternational agreements which pertain to or affect theimplementation and operation of this Agreement.
2.
Each Contracting Party shall, upon request by theother Contracting Party, promptly respond to specificquestions and provide that other Contracting Party withinformation on matters set out in paragraph 1.
3.
Paragraphs 1 and 2 shall not be construed so as tooblige either Contracting Party to disclose confidential
information, the disclosure of which would impede law
enforcement or otherwise be contrary to the public
interest, or which would prejudice privacy or legitimate
commercial interests.
Article 8
Public Comment Procedures
Each Contracting Party shall, in accordance with its
laws and regulations, endeavour to provide, except in casesof emergency or of purely minor nature, a reasonable
opportunity for comments by the public before the adoption,
amendment or repeal of regulations of general applicationthat affect any matter covered by this Agreement.
Article 9
Measures against Corruption
Each Contracting Party shall ensure that measures andefforts are undertaken to prevent and combat corruption
regarding matters covered by this Agreement in accordancewith its laws and regulations.
Article 10
Entry, Sojourn and Residence of Investors
Each Contracting Party shall, in accordance with its
laws and regulations, give sympathetic consideration toapplications for entry, sojourn and residence of a natural
person having the nationality of the other Contracting
Party and a personnel employed by, and an executive, amanager and members of the board of directors of, anenterprise of the other Contracting Party, who wish toenter the territory of the former Contracting Party andremain therein for the purpose of investment activities.

－6－Article 11
Expropriation and Compensation
1.
Neither Contracting Party shall expropriate or
nationalise an investment in its Area of an investor of theother Contracting Party or take any measure equivalent to
expropriation or nationalisation (hereinafter referred toas “expropriation”) except:(a)for a public purpose;(b)in a non-discriminatory manner;(c)upon payment of prompt, adequate and effective
compensation in accordance with paragraphs 2
through 5; and(d)in accordance with due process of law.

2.
The compensation shall be equivalent to the fairmarket value of the expropriated investments at the time
when the expropriation was publicly announced or when the
expropriation occurred, whichever is earlier. The fairmarket value shall not reflect any change in value
occurring because the expropriation had become publicly
known earlier.
3.
The compensation shall be paid without undue delay andshall be effectively realisable and freely transferable.
4.
If payment is made in a freely usable currency, thecompensation paid shall include interest, at a commerciallyreasonable rate for that currency, accrued from the date of
expropriation until the date of payment.
5.
If a Contracting Party elects to pay in a currency
other than a freely usable currency, the compensation paid
shall be no less than the sum of the following converted
into the currency of payment at the market rate of exchange
prevailing on the date of payment:(a)the fair market value on the date of
expropriation, converted into a freely usable
currency at the market rate of exchange
prevailing on that date; and(b)interest, at a commercially reasonable rate forthat freely usable currency, accrued from thedate of expropriation until the date of payment.

－7－

6.
This Article does not apply to the issuance ofcompulsory licences granted in relation to intellectual
property rights in accordance with the TRIPS Agreement, orto the revocation, limitation or creation of intellectual
property rights, to the extent that such issuance,
revocation, limitation or creation is consistent with the
TRIPS Agreement.
Article 12
Protection from Strife
1.
Each Contracting Party shall accord to investors of
the other Contracting Party that have suffered loss ordamage relating to their investments in the Area of theformer Contracting Party due to armed conflict or a stateof emergency such as revolution, insurrection, civil
disturbance or any other similar event in the Area of thatformer Contracting Party, treatment, as regards
restitution, indemnification, compensation or any othersettlement, that is no less favourable than that which it
accords to its own investors or to investors of a nonContracting Party, whichever is more favourable to theinvestors of the other Contracting Party.
2.
Notwithstanding paragraph 1, if an investor of aContracting Party, in a situation referred to in paragraph1, suffers a loss in the Area of the other Contracting
Party resulting from:(a)requisitioning of its investment or part thereofby the latter’s forces or authorities; or(b)destruction of its investment or part thereof by
the latter’s forces or authorities, which was not
required by the necessity of the situation,

the latter Contracting Party shall provide the investor
restitution, compensation or both, as appropriate, for thatloss.
3.
Any payment as a means of settlement referred to inparagraph 1 or 2 shall be effectively realisable, freelytransferable and freely convertible at the market exchange
rate into freely usable currencies.
4.
Neither Contracting Party shall be derogated from its
obligation under paragraph 1 or 2 by reason of its measurestaken pursuant to paragraph 2 of Article 15.

－8－Article 13
Subrogation
If a Contracting Party or its designated agency makes
a payment to any investor of that Contracting Party under
an indemnity, guarantee or insurance contract, pertaining
to an investment of such investor in the Area of the other
Contracting Party, the latter Contracting Party shallrecognise the assignment to the former Contracting Party or
its designated agency of any right or claim of suchinvestor on account of which such payment is made and shallrecognise the right of the former Contracting Party or its
designated agency to exercise by virtue of subrogation any
such right or claim to the same extent as the originalright or claim of the investor. As regards payment to bemade to that former Contracting Party or its designatedagency by virtue of such assignment of right or claim andthe transfer of such payment, the provisions of Articles
11, 12 and 14 shall apply mutatis mutandis.
Article 14
Transfers
1.
Each Contracting Party shall ensure that all transfers
relating to investments in its Area of an investor of theother Contracting Party may be freely made into and out of
its Area without delay. Such transfers shall include, inparticular, though not exclusively:(a)the initial capital and additional amounts tomaintain or increase investments;(b)

profits, interest, capital gains, dividends,
royalties, fees or other current incomes accruing
from investments;(c)payments made under a contract including loan
payments in connection with investments;(d)proceeds of the total or partial sale or
liquidation of investments;(e)earnings and remuneration of personnel fromabroad who work in connection with investments in
the Area of the former Contracting Party;(f)payments made in accordance with Articles 11 and
12; and(g)payments arising out of the settlement of adispute under Article 23.

－9－

2.
Each Contracting Party shall further ensure that suchtransfers may be made without delay in freely usable
currencies at the market exchange rate prevailing on thedate of the transfer.
3.
Notwithstanding paragraphs 1 and 2, a Contracting
Party may delay or prevent a transfer through theequitable, non-discriminatory and good-faith application ofits laws and regulations relating to:(a)bankruptcy, insolvency or the protection of therights of creditors;(b)issuing, trading or dealing in securities,
futures, options or derivatives;(c)criminal or penal offences;(d)reporting or record keeping of transfers ofcurrency or other monetary instruments whennecessary to assist law enforcement or financial
regulatory authorities; or(e)ensuring compliance with orders or judgements in
adjudicatory proceedings.
Article 15
General and Security Exceptions

1.
Subject to the requirement that such measures are notapplied by a Contracting Party in a manner which would
constitute a means of arbitrary or unjustifiable
discrimination against, or a disguised restriction on
investors of the other Contracting Party and theirinvestments in the Area of the former Contracting Party,
nothing in this Agreement shall be construed so as toprevent the former Contracting Party from adopting or
enforcing measures:(a)necessary to protect human, animal or plant lifeor health;(b)necessary to protect public morals or to maintainpublic order, provided that the public order
exception may only be invoked where a genuine andsufficiently serious threat is posed to one of
the fundamental interests of society;

－10－

(c)

(d)

necessary to secure compliance with the laws or
regulations which are not inconsistent with theprovisions of this Agreement including thoserelating to:(i)the prevention of deceptive and fraudulent
practices or to deal with the effects of a
default on contract;(ii)

the protection of the privacy of theindividual in relation to the processing anddissemination of personal data and theprotection of confidentiality of personal
records and accounts; or(iii)

safety; or

imposed for the protection of national treasuresof artistic, historic or archaeological value.

2.
Subject to paragraph 4 of Article 12, nothing in thisAgreement shall be construed to prevent a Contracting Party
from adopting or enforcing measures:
(a)

(b)

which it considers necessary for the protectionof its essential security interests:(i)taken in time of war, armed conflict, orother emergency in that Contracting Party or
in international relations; or(ii)relating to the implementation of national
policies or international agreements
respecting the non-proliferation of weapons;orin pursuance of its obligations under the United
Nations Charter for the maintenance ofinternational peace and security.
Article 16
Temporary Safeguard Measures

1.
A Contracting Party may adopt or maintain restrictive
measures with regard to cross-border capital transactions
as well as payments or transfers including transfers
referred to in Article 14 for transactions related toinvestments:

－11－

2.

(a)

in the event of serious balance-of-payments andexternal financial difficulties or threat
thereof; or(b)in exceptional cases where movements of capitalcause or threaten to cause serious difficulties
for macroeconomic management, in particularmonetary and exchange rate policies.

Restrictive measures referred to in paragraph 1 shall:(a)be applied in such a manner that the other
Contracting Party is treated no less favourably
than any non-Contracting Party;(b)

be consistent with the Articles of Agreement of
the International Monetary Fund;(c)not exceed those necessary to deal with thecircumstances set out in paragraph 1;(d)be temporary and be phased out progressively as
the situation specified in paragraph 1 improves;(e)be promptly notified to the other Contracting
Party; and(f)avoid unnecessary damages to the commercial,economic and financial interests of the other
Contracting Party.

3.
The Contracting Party which has adopted any measures
under paragraph 1 shall, upon request, commence
consultations with the other Contracting Party in order toreview the restrictions adopted by the former Contracting
Party.
Article 17
Prudential Measures
1.
Notwithstanding any other provisions of thisAgreement, a Contracting Party shall not be prevented fromtaking measures relating to financial services forprudential reasons, including measures for the protectionof investors, depositors, policy holders or persons to whoma fiduciary duty is owed by an enterprise supplying
financial services, or to ensure the integrity andstability of its financial system.

－12－

2.
Where the measures taken by a Contracting Party
pursuant to paragraph 1 do not conform with this Agreement,
they shall not be used as a means of avoiding theobligations of the Contracting Party under this Agreement.
Article 18Intellectual Property Rights
1.
The Contracting Parties shall grant and ensure theadequate and effective protection of intellectual property
rights, and promote efficiency and transparency inintellectual property protection system. For this purpose,
the Contracting Parties shall promptly consult with eachother at the request of either Contracting Party.
Depending on the results of the consultation, eachContracting Party shall, in accordance with its laws andregulations, take appropriate measures to remove thefactors which are recognised as having adverse effects tothe investments of investors of the other Contracting
Party.
2.
Nothing in this Agreement shall affect the rights andobligations of the Contracting Parties under multilateralagreements in respect of protection of intellectual
property rights to which the Contracting Parties are
parties.
3.
Nothing in this Agreement shall be construed so as tooblige either Contracting Party to extend to investors of
the other Contracting Party and to their investments
treatment accorded to investors of a non-Contracting Party
and to their investments by virtue of multilateralagreements in respect of protection of intellectual
property rights, to which the former Contracting Party is aparty.
Article 19
Taxation Measures
1.
Nothing in this Agreement shall affect the rights andobligations of either Contracting Party under any tax
convention. In the event of any inconsistency between thisAgreement and any such convention, that convention shallprevail to the extent of the inconsistency.
2.

Articles 3 and 4 shall not apply to taxation measures.

－13－Article 20
Health, Safety and Environmental Measuresand Labour Standards
Each Contracting Party recognises that it isinappropriate to encourage investment by investors of theother Contracting Party and of a non-Contracting Party byrelaxing its health, safety or environmental measures, orby lowering its labour standards. To this effect, eachContracting Party should not waive or otherwise derogate
from such measures or standards as an encouragement for theestablishment, acquisition or expansion of investments in
its Area by investors of the other Contracting Party and of
a non-Contracting Party.
Article 21
Denial of Benefits
1.
A Contracting Party may deny the benefits of thisAgreement to an investor of the other Contracting Party
that is an enterprise of the other Contracting Party and to
its investments if the enterprise is owned or controlled byan investor of a non-Contracting Party and the denying
Contracting Party:(a)does not maintain diplomatic relations with the
non-Contracting Party; or(b)adopts or maintains measures with respect to the
non-Contracting Party that prohibit transactions
with the enterprise or that would be violated or
circumvented if the benefits of this Agreement
were accorded to the enterprise or to its
investments.

2.
A Contracting Party may deny the benefits of thisAgreement to an investor of the other Contracting Party
that is an enterprise of the other Contracting Party and to
its investments if the enterprise is owned or controlled byan investor of a non-Contracting Party or of the denying
Contracting Party and the enterprise has no substantial
business activities in the Area of the other Contracting
Party.
3.

For the purpose of this Article, an enterprise is:(a)“owned” by an investor if more than 50 percent of
the equity interest in it is beneficially ownedby the investor; and(b)“controlled” by an investor if the investor has
the power to name a majority of its directors orotherwise to legally direct its actions.

－14－

CHAPTER IIDISPUTE SETTLEMENT
Article 22
Settlement of Dispute between the Contracting Parties
1.
Each Contracting Party shall accord sympathetic
consideration to, and shall afford adequate opportunity for
consultation regarding, such representations as the other
Contracting Party may make with respect to any matter
affecting the implementation of this Agreement.
2.
Any dispute between the Contracting Parties as to theinterpretation and application of this Agreement, notsettled by diplomacy, shall be referred for decision to anarbitration board. Such arbitration board shall be
constituted for each dispute in the following way. Within
60 days from the date of receipt by either Contracting
Party from the other Contracting Party of a note requesting
arbitration of the dispute, each Contracting Party shallappoint an arbitrator. The two arbitrators shall select athird arbitrator who, upon approval by both Contracting
Parties, shall be appointed as the Chairperson, provided
that the third arbitrator shall not be a national of either
Contracting Party. The Chairperson shall be appointed
within 60 days from the date of appointment of the othertwo arbitrators.
3.
If the necessary appointments referred to in paragraph2 have not been made within the periods referred to in thatparagraph, either Contracting Party may, unless otherwise
agreed, request the Secretary-General of the Permanent
Court of Arbitration at The Hague to make suchappointments.
4.
The arbitration board shall determine its own
procedural rules, after consultation with both Contracting
Parties. The arbitration board shall decide the dispute inaccordance with this Agreement and the rules and principles
of international law applicable to the subject matter. The
arbitration board shall within a reasonable period of timereach its decision by a majority of votes. Such decision
shall be final and binding.
5.
Each Contracting Party shall bear the cost of thearbitrator of its choice and its representation in thearbitral proceedings. The cost of the Chairperson of thearbitration board in discharging his or her duties and theremaining costs of the arbitration board shall be borne
equally by the Contracting Parties.

－15－

Article 23
Settlement of Investment Disputes
between an Investor of a Contracting Party
and the Other Contracting Party1.
Any investment dispute between an investor of aContracting Party and the other Contracting Party(hereinafter referred to as “investment dispute”) shall, as
far as possible, be settled amicably through consultations
between them.
2.
If an investment dispute cannot be settled throughsuch consultations within six months from the date on which
an investor of a Contracting Party requested in writing theother Contracting Party for consultations, the investor may
submit to arbitration under this Article a claim:(a)that the latter Contracting Party has breached an
obligation under Chapter I; and(b)that the investor has incurred loss or damage by
reason of, or arising out of, that breach.

3.
At least 90 days before submitting any claim toarbitration under this Article, an investor of aContracting Party shall deliver to the other Contracting
Party a written notice of its intention to submit the claim
to arbitration (hereinafter referred to as “notice ofintent”). The notice of intent shall specify:(a)the name and address of the investor;(b)

for each claim, the provision of Chapter I
alleged to have been breached and any otherrelevant provisions;(c)the legal and factual basis for each claim; and(d)the relief sought and the approximate amount ofdamages claimed.

4.
An investor of a Contracting Party may submit a claim
referred to in paragraph 2 to the arbitration:(a)under the ICSID Convention, provided that bothContracting Parties are parties to the ICSID
Convention;(b)under the ICSID Additional Facility Rules,
provided that either Contracting Party, but notboth, is a party to the ICSID Convention;

－16－

(c)

under the UNCITRAL Arbitration Rules; or(d)if the parties to the investment dispute agree,
under any other arbitration institution or
arbitration rules.

5.
A claim shall be deemed submitted to arbitration under
this Article when a notice of or request for arbitration of
an investor of a Contracting Party (hereinafter referred toas “notice of arbitration”):(a)referred to in paragraph 1 of Article 36 of the
ICSID Convention is received by the SecretaryGeneral of ICSID;(b)referred to in Article 2 of Schedule C of the
ICSID Additional Facility Rules is received by
the Secretary-General of ICSID;(c)referred to in Article 3 of the UNCITRAL
Arbitration Rules, together with the statement ofclaim referred to in Article 20 of the UNCITRAL
Arbitration Rules, is received by the other
Contracting Party; or(d)under any other arbitration institution or
arbitration rules selected under subparagraph4(d) is received by the other Contracting Party,
unless otherwise specified by such institution orin such rules.

6.
Each Contracting Party hereby consents to thesubmission of a claim to arbitration under this Article inaccordance with this Agreement.
7.
Notwithstanding paragraph 6, no claim of an investorof a Contracting Party may be submitted to arbitration
under this Article if more than three years have elapsed
from the date on which the investor first acquired, orshould have first acquired, knowledge of the breach alleged
under paragraph 2 and knowledge that the investor has
incurred loss or damage.
8.
No claim of an investor of a Contracting Party may besubmitted to arbitration under this Article unless:(a)the investor consents in writing to arbitrationin accordance with the procedures set out in this
Article; and

－17－

(b)

the investor waives in writing any right toinitiate or continue before any administrative
tribunal or court of justice under the law of theother Contracting Party, or other disputesettlement procedures, any proceedings withrespect to any measure alleged to constitute a
breach referred to in subparagraph 2(a).

9.
The waiver provided pursuant to subparagraph 8(b)shall cease to apply where the arbitral tribunal rejects
the claim on the basis of a failure to meet therequirements of paragraphs 3, 4, 7 or 8, or on any otherprocedural or jurisdictional grounds.
10. Notwithstanding subparagraph 8(b), the investor
referred to in paragraph 2 may initiate or continue anaction that seeks interim injunctive relief that does not
involve the payment of monetary damages before an
administrative tribunal or court of justice under the lawof the Contracting Party party to the investment dispute.
11. The arbitral tribunal shall decide the issues in
dispute in accordance with this Agreement and applicable
rules of international law.
12. The Contracting Party party to the investment disputeshall deliver to the Contracting Party which is not party
to the investment dispute:(a)notice of arbitration no later than 30 days after
the date on which the claim was submitted; and(b)copies of all pleadings filed in the arbitration.

13. The Contracting Party which is not party to theinvestment dispute may, upon written notice to the parties
to the investment dispute, make submissions to the arbitral
tribunal on a question of interpretation of this Agreement.
14. In an arbitration under this Article, the Contracting
Party party to the investment dispute shall not assert, asa defence, counterclaim, right of setoff or otherwise, thatthe investor party to the investment dispute has received
or will receive indemnification or other compensation for
all or part of the alleged damages pursuant to an insurance
or guarantee contract.

－18－

15.

The arbitral tribunal may award only:(a)a judgement whether or not there has been abreach by the Contracting Party party to theinvestment dispute of any obligation under
Chapter I with respect to the investor party to
the investment dispute and its investments; and(b)

one or both of the following remedies, only ifthere has been such a breach:(i)monetary damages and applicable interest;
and

(ii)

restitution of property, in which case theaward shall provide that the Contracting
Party party to the investment dispute may
pay monetary damages and any applicableinterest, in lieu of restitution.

The arbitral tribunal may also award cost andattorney’s fees in accordance with applicable arbitration
rules.
16. The Contracting Party party to the investment disputemay make available to the public in a timely manner all
documents, including an award, submitted to, or issued by,an arbitral tribunal established under paragraph 4, subject
to redaction of:(a)confidential business information;(b)

information which is privileged or otherwise
protected from disclosure under the laws andregulations of either Contracting Party; and(c)information which shall be withheld pursuant to
the relevant arbitration rules.

17. The parties to the investment dispute may agree on thelegal place of any arbitration under the applicablearbitration rules. If the parties to the investment
dispute fail to reach agreement, the arbitral tribunal
shall determine the place in accordance with the applicablearbitration rules, provided that the place shall be in the
territory of a country that is a party to the New York
Convention.

－19－18. The award rendered by the arbitral tribunal shall befinal and binding upon the parties to the investment
dispute. This award shall be executed in accordance withthe applicable laws and regulations, as well as relevantinternational law including the ICSID Convention and the
New York Convention, concerning the execution of award inforce in the country where such execution is sought.
Article 24Service of Documents
1.
Notices and other documents relating to arbitration
under this Chapter shall be served on a Contracting Party
by delivery to:(a)with respect to Japan, Economic Affairs Bureau,
the Ministry of Foreign Affairs; and(b)with respect to the Hashemite Kingdom of Jordan,
the Jordan Investment Commission.

2.
A Contracting Party shall promptly make publicly
available and notify to the other Contracting Party any
change to the name of the authority referred to inparagraph 1.
3.
Each Contracting Party shall make publicly available
the address of its authority referred to in paragraphs 1
and 2.
CHAPTER III
JOINT COMMITTEE
Article 25
Joint Committee
1.
The Contracting Parties shall establish a Joint
Committee (hereinafter referred to as “the Committee”) witha view to accomplishing the objectives of this Agreement.
The functions of the Committee shall be:(a)to discuss and review the implementation andoperation of this Agreement;(b)

to exchange information on and to discuss
investment-related matters within the scope of
this Agreement which relate to improvement ofinvestment environment; and(c)to discuss any other investment-related mattersconcerning this Agreement.

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2.
The Committee may, as necessary, make appropriate
recommendations by consensus to the Contracting Parties forthe more effective functioning or the attainment of theobjectives of this Agreement.
3.
The Committee shall be composed of representatives of
the Contracting Parties. The Committee may, upon mutual
consent of the Contracting Parties, invite representativesof relevant entities other than the Governments of theContracting Parties with the necessary expertise relevantto the issues to be discussed, and hold joint meetings withthe private sectors.
4.
The Committee shall determine its own rules ofprocedure to carry out its functions.
5.
The Committee may establish sub-committees anddelegate specific tasks to such sub-committees.
6.
The Committee shall meet upon the request of either
Contracting Party.
CHAPTER IV
FINAL PROVISIONS
Article 26
Headings
The headings of the Chapters and Articles of thisAgreement are inserted for convenience of reference onlyand shall not affect the interpretation of this Agreement.
Article 27
Final Provisions
1.
The Contracting Parties shall notify each other,through diplomatic channels, of the completion of theirrespective internal procedures necessary for the entry into
force of this Agreement. This Agreement shall enter into
force on the 30th day after the latter of the dates ofreceipt of the notifications. It shall remain in force fora period of 10 years after its entry into force and shallcontinue in force unless terminated as provided for inparagraph 2.
2.
A Contracting Party may, by giving one year’s advancenotice in writing to the other Contracting Party, terminate
this Agreement at the end of the initial 10-year period orat any time thereafter.

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3.
This Agreement shall also apply to all investments ofinvestors of either Contracting Party acquired in the Areaof the other Contracting Party in accordance with the laws
and regulations of that other Contracting Party prior to
the entry into force of this Agreement.
4.
In respect of investments acquired prior to the dateof termination of this Agreement, the provisions of thisAgreement shall continue to be effective for a period of 10
years from the date of termination of this Agreement.
5.
This Agreement shall not apply to claims arising outof events which occurred prior to its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed
this Agreement.
DONE in duplicate at Tokyo, on this twenty-seventh day
of November, 2018 in the Japanese, Arabic and English
languages, all texts being equally authentic. In case ofany divergence of interpretation, the English text shallprevail.

FOR JAPAN:
河野太郎

FOR THE HASHEMITE KINGDOM OFJORDAN:‫ﻣﺎﺭﻱ ﻗﻌﻮﺍﺭ‬－22－