memorial for respondent team ago fifth annual foreign ... - FDI Moot

More documents

Recommendations

Info

Paragraph LIST OF ABBREVIATIONS Argentina The Argentine Republic Art./ Arts. Article/ Articles Bela Rano Bela Rano Insularo Bela Rano Model Rules Bela Rano Model Rules on the Taking of Evidence in International Arbitration BIT Bilateral Investment Treaty CD Challenge Decision Contract Contract between Bela Rano Insularo and Max Solutions, Inc. DO Dissenting Opinion Frogs Sireno Kanto frogs GASP Global Athletics Season Preview IBA International Bar Association ICC International Chamber of Commerce ICJ International Court of Justice ICSID International Centre for Settlement of Investment Disputes ICSID Arbitration Rules ICSID Rules of Procedure for Arbitration Proceedings ICSID Convention ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States inter alia Among other things no. Number p./ pp. para. Page/ Pages Paragraph Treaty Treaty Between the Government of Oscania and the Government of Bela Rano Insularo Concerning the Encouragement and Reciprocal Protection of Investment UF Uncontested Facts UNIDROIT International Institute for the Unification of Private Law xi
Factual Background STATEMENT OF FACTS 1. Bela Rano Insularo (“Bela Rano” or “Respondent”) is an independent island nation, neither impoverished nor wealthy, that presently obtains the majority of its income from exporting coffee and related products. 1 Previously, tourism was scarce on Bela Rano due to the large number of poisonous Sireno Kanto frogs (“Frogs”) on the island. However, in January 2006, scientists at the Frog Research Unit at Bela Rano Insularo University announced the discovery of a previously unknown disease that was predicted to, and did in fact, prove fatal to 95% of the Sireno Kanto within five years of its discovery. 2 With the remaining Frogs contained in limited government preserves 3 and since the island hosted the Global Athletics Season Preview (“GASP”) in 2008, Bela Rano has experienced an increase in tourism and has become an ecological hotspot. 4 2. Before the fatal frog disease was discovered, Bela Rano entered into a contract (the “Contract”) with Claimant, Max Solutions, Inc. (“Max Solutions” or “Claimant”), a private company from the nation of Oscania, for the removal of most of the Sireno Kanto from Bela Rano. Both parties signed the contract in January 2002. By March 2006, when scientists announced the disease, Max Solutions had removed only 3% of the Frogs from the island. 5 At that point, there was no need for the contract for either Max Solutions or Bela Rano, as there would soon be no Frogs, and Max Solutions would get paid only per Frog it removed. Moreover, although Max Solutions claimed that it would remove 80% of the Frogs by December 2006, it refused Bela Rano’s government the opportunity to inspect its operations. 6 Bela Rano consequently cancelled the contract with Max Solutions on the basis of inadequate performance. 7 1 UF, 1:5-11. 2 UF, 2:75-81. 3 UF, 3:126-127. 4 UF, 3:126-129. 5 UF, 3:110. 6 UF, 3:106-107. 7 UF, 3:108-110. 1
Page 1 and 2: MEMORIAL FOR RESPONDENT TEAM AGO FI
Page 3 and 4: A. The tribunal did not manifestly
Page 5 and 6: Shore & Weiniger Reisman Internatio
Page 7 and 8: LIST OF LEGAL SOURCES Abaclat Abacl
Page 9 and 10: Malicorp MCI Millicom Mobil Malicor
Page 11: Vivendi II Wena v. Argentine Republ
Page 15 and 16: 7. Additionally, the Two Members no
Page 17 and 18: contrary, the Tribunal properly adm
Page 19 and 20: evident error of fact in an award i
Page 21 and 22: 26. Since it is apparent that all p
Page 23 and 24: expressly acknowledged that her rol
Page 25 and 26: A. Under ICSID Art. 41(1), the Trib
Page 27 and 28: discretion, reject a decision that
Page 29 and 30: jurisdiction, and then applied the
Page 31 and 32: investment according to Article 25
Page 33 and 34: eached its decision in accordance w
Page 35 and 36: Rather, it is whether the Tribunal
Page 37 and 38: could not “be compared with the c
Page 39 and 40: ather because there was no contribu
Page 41 and 42: 76. In general, a party makes a sub
Page 43 and 44: 81. The Tribunal found that “the
Page 45 and 46: VI. THE TRIBUNAL PROPERLY ADMITTED
Page 47 and 48: [e]ach witness (which term includes
Page 49: REQUEST FOR RELIEF 98. For the afor

memorial for respondent team ago fifth annual foreign ... - FDI Moot

Create successful ePaper yourself

Delete template?

Save as template?