MEMO CLAIMANT - ALVAREZ - FDI Moot

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Agreement – Medanos License Agreement LIST OF ABBREVIATIONS BIT - Treaty Between The Republic Of Freedonia And The Republic Of Sylvania Concerning The Encouragement AndReciprocal Protection Ofinvestments Claimant - Freedonia Petroleum LLC Facts – FDI Moot 2011 Problem FPS – Freedonia Petroleum S.A. ICA – International Court of Arbitration ICC – International Chamber of Commerce ICJ – International Court of Justice MoE – Ministry of Energy of the Republic of Sylvania NPCS – National Petroleum Company of Sylvania Order – Executive Order No. 2010–1023 from November 29th, 2010 issued by the President of the Republic of Sylvania Respondent - Republic of Sylvania Responses, No. – FDI Moot 2011 Requests for Clarification, Question xiii
STATEMENT OF FACTS 1. Claimant is an international energy company in which the Freedonia government owns a 60% interest. 2. On 31 January 2007, Respondent issued an international tender for deep sea exploration blocks in the Medanos Field in the Libertad Gulf, situated in Respondent‟s territorial waters. 3. On 26 May 2007, the Sylvanian Government and FPS entered into the Agreement. 4. On 9 June 2009, an explosion occurred in the Medanos Field causing several oil explorations wells operated by FPS to leak. 5. On 10 December 2009, the Sylvanian Congress amended several sections of OPA, in particular, eliminating the limitations on liability for damages resulting from oil pollution, imposing new safety obligations and broadening the scope of the term „damages‟. 6. On 26 February 2010, the Sylvanian Government ordered FPS to pay liquidated damages for the breach of the Agreement and the OPA. FPS commenced administrative proceedings to resist the request for payment. 7. On 10 August 2010, Sylvania adopted a new law that created NPCS, a company fully owned by the Government of Sylvania, which, on 29 November 2010, took over the premises of the previously leaking oil wells. 8. On 23 December 2010, Claimant communicated to Respondent that the transfer of the wells to NPCS was a breach of BIT. 9. On 23 March 2011, Claimant filed a request for arbitration before the ICC against Respondent invoking the dispute resolution clause contained in the BIT and claiming compensation for breach of the BIT. 10. On 29 April 2011, the Government of Sylvania submitted objections to the Jurisdiction of the ICC and served notice of its counterclaim against Claimant. 1
Page 1 and 2: ALVAREZ INTERNATIONAL CHAMBER OF CO
Page 3 and 4: 2. The purpose of the “umbrella c
Page 5 and 6: a. Expropriating Claimant was not f
Page 7 and 8: LIST OF AUTHORITIES BOOKS ALVAREZ,
Page 9 and 10: NAFTA Free Trade Commission, Notes
Page 11 and 12: EnCana Corporation v. Republic of E
Page 13: Sempra Energy International v. Arge
Page 17 and 18: 15. The facts of the case do not gi
Page 19 and 20: 24. In the light of the above, stat
Page 21 and 22: 32. BIT, Art. 11(3)(b) stipulates t
Page 23 and 24: creating the treaty norms of intern
Page 25 and 26: and treaty rights protected. The cl
Page 27 and 28: itself does not contain the definit
Page 29 and 30: MERITS B. NPCS’ ACTIONS ARE ATTRI
Page 31 and 32: activities. Only leaking wells were
Page 33 and 34: 82. Alternatively, these acts shall
Page 35 and 36: of CSE‟s actions) and thus contri
Page 37 and 38: stand against the very idea of the
Page 39 and 40: „to provide to international inve
Page 41 and 42: 116. This contractual content was m
Page 43 and 44: II. RESPONDENT DID NOT ACCORD CLAIM
Page 45 and 46: 135. In the circumstances of the pr
Page 47 and 48: 144. Additionally, since expropriat
Page 49 and 50: 153. Whereas Claimant concedes that
Page 51 and 52: 163. Respondent might submit that C
Page 53 and 54: actions beyond the bare minimum nec
Page 55 and 56: Art. 33 that the infringed rights
Page 57 and 58: 188. In addition to the outlined me
Page 59 and 60: 197. Respondent was not entitled to
Page 61 and 62: public body. 215 This body had carr

MEMO CLAIMANT - ALVAREZ - FDI Moot

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