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Clarification Requests 2020

Teams who have received their Team Alias may submit requests for clarification of the case, e.g. of factual ambiguities, if the States have ratified a particular convention, etc. The case committee will be reluctant to respond to requests that ask for a legal conclusion. There are two (2) rounds of clarifications, Round 1 in June and Round 2 in August (please observe the deadlines on the schedule). In each round, each team may submit up to five (5) requests. Each request may contain one (1) question only. Please review below the requests submitted by all teams to avoid duplicate questions (and conserve your team's five requests).

Round 20201

Req. No: 166 Date of investment
Was the investment made on 15th December, 2009 when Ticadia-1 and MFNB bought a plot of land, obtained a construction permit and began to build the power plant or was the investment made at an earlier date?


Req. No: 167 Reason behind MFNB losing the ICC arbitration
What was the reason behind MFNB losing the ICC arbitration case against Mountaintop?


Req. No: 53 Domestic regulations enticing Claimant's decision to invest
What were the prevailing domestic regulations on coal mining that existed during the time that the investments were made?


Req. No: 67 Mr. Mason's opinion on Climate Change Arbitration
Does Mr. Mason consider Climate Change Arbitration relevant for young practitioners to get into?


Req. No: 144 Affiliation
Are Claimant and MFNB affiliated with each other in any way?


Req. No: 150 Hewer Plants JSC v. Wellfalcon and C-Energy LLC v. Wellfalcon
What are the facts behind the claims in Hewer Plants JSC v. Wellfalcon and C-Energy LLC v. Wellfalcon, and the legal basis for these claims?


Req. No: 148 Ticadia-1 Impact on Climate Change
Have the Ticadia- 1 in fact affected the emission levels, which lead to climate change?


Req. No: 147 Applicability of Draft articles on the responsibility of international organizations
Is there any practice and official statements of Member States of ASNEC confirming that rules expressed in Art. 15 and Art. 17 of Draft articles on the responsibility of international organizations are customs?


Req. No: 153 Feed-in Tariff Scheme
How does the feed-in tariff scheme implemented by Respondent work?


Req. No: 99 Measures of the ASNEC Council
What measures can the ASNEC Council take in relation to the Member States’ enforcement or implementation process of ASNEC legal acts?


Req. No: 100 Official declarations relating to T1 following the ratification of the Treaty
Did a government official make any declaration supporting T1 during the course of the operation of the investment?


Req. No: 102 Terms of Transfer of the Loan Amount
Was the Loan Amount transferred in a single instalment to Ticadia-1 LLC upon being made available by MFNB, and if not, when did the various instalments take place?


Req. No: 103 Date of publication of the task force report and statements made by the Laocan government as to the capping of greenhouse emissions
When did the Task Force publish its report on tackling the risk of flooding, and when did the Laocan Government publicly express its views on this report?


Req. No: 104 Support schemes for energy from renewable sources adopted in other ASNEC States, before or after adoption of the Directive 2016/87
What support schemes for energy from renewable sources, if any, did ASNEC States (other than Laoc) put in place both before and after the adoption of the Coal Directive?


Req. No: 9 Tribunal's reasoning in MFNB v. Mountaintop (2018)
Please refer to Exhibits C-10 and C-11, and particularly Paragraph 28 of the Uncontested Facts on Page 59. In furtherance of that, what were the grounds for rejection of MFNB's enforcement of guarantee against Mountaintop by the ICC Tribunal in MFNB v. Mountaintop?


Req. No: 122 Amicable Settlement and Negotiation
Were there any active negotiations or efforts by both Laoc and GNB to resolve the dispute amicably to fulfill the requirements of Article 10 (1) of the ASNEC Energy Treaty?


Req. No: 124 Mandatory Transposition
How is Article 3 of the ASNEC Directive (p. 16) to be mandatorily transposed (Article 18), when it is recommendatory in nature, or is it a typographical error?


Req. No: 138 Arguments for Damages/Costs
As per Part VI of Procedural Order 1 ‘Organization of the Hearing’, will the oral arguments pertaining to the Quantum/Cost/Damages of the proceedings be heard along with the Main Stage on 6-9 November, 2020?


Req. No: 141 Joint Agreement- Seoul Agreement
Subject to Article 4 para 16 & 18 of the Seoul Agreement on Climate Change, have the parties reached an agreement to act jointly?


Req. No: 68 Domestic law applicable
Which domestic law did the parties(Loac, MNFB, Goliath and Mountaintop) rely on to conclude the agreements, both the investment and assignment of rights?


Req. No: 75 Interest payable
Due to the inconsistent nature of the LIRO rate, which figure should be used when considering the payable interest by MountainTop to MFNB and one payable to Goliath as the Chorzow standard used 6%.


Req. No: 77 Mr Mason’s challenge as arbitrator
In terms of Article 11 & 13 of the UNCITRAD respectively, regarding the challenge of the arbitrator. It refers to 15 days of notice, when does the calculation start, from date of issuing the notice or receiving the notice, or at the date the respondent became aware of the circumstances giving rise to the challenge or the date of the earliest fact pertaining to the circumstances giving rise to the challenge?


Req. No: 70 Issues to be addressed
Can Parties argue other issues in addition to the issues outlined in the Notice of Arbitration and Procedural Order 1?


Req. No: 71 Status Quo
Does the Ticadia-1 power plant continue to produce electricity?


Req. No: 72 Screening Process by Mountaintop for selecting MFNB.
Did Mountaintop consider any other institution apart from MFNB for the specific role to provide the agreed percentage of the required fund for the construction of Ticadia-1 under the Financing Agreement dated December 1, 2010?


Req. No: 73 Screening Process by Mountaintop for selecting MFNB.
What were the assessment criteria for the selection of MFNB to be the lender under the Financing Agreement dated December 1, 2010?


Req. No: 156 Governor's efforts to attract investors
n Exhibit C-5, It is stated in lines 295-297 that the Governor of Ticadia made numerous official and unofficial visits to institutional investors and banks in most ASNEC countries advertising coal-friendly policies of Laoc. Did the Governor ever meet representatives of MFNB or visit Mercuria for encouraging investors before the meeting mentioned in exhibit C-2.


Req. No: 84 Applicable Arbitration Rules
Notice of arbitration refers to UNCITRAL ARBITRATION RULES (2010) while ARTICLE X(2) of “ASNEC ENERGY INVESTMENT TREATY” refers to “the rules of UNCITRAL as in force at the commencement of the proceedings”. In the commencement of the proceedings UNCITRAL rules on transparency (2014) are in force. Should they apply in the settlement of the dispute or not?


Req. No: 91 ASNEC's structure
Is the ASNEC Council the top of the ASNEC vertical structure?


Req. No: 88 LRC's competences
LRC is tasked with headlining the development of the Laocan renewables sector (Facts, §25). Yet, which are exactly LRC’s competences regarding the regulation of private investments in the sector?


Req. No: 89 Laoc's electric grid
Is the electric grid of Laoc solely dependent on the coal-fired industry?


Req. No: 90 ASNEC's competence
Is the nature of ASNEC’s competence regarding investments exclusive or shared?


Req. No: 10 Claimant´s Prayers for Relief
In the Notice of Arbitration on page 8 in the Case file in line 131 it reads “breached Article IV of the ASNEC Energy Investment Treaty”, as Article IV was omitted in de ASNEC Energy Investment Treaty, We would like to know, if Article IV its actually meant or should it be Article II of the ASNEC Energy Investment Treaty?


Req. No: 11 Payment Schedule
For the comprehensibility of the damage sum we would like to ask for the Schedule of Payments (Schedule 4 of the Financing Agreement N. 0940394) between Ticadia-1 LLC and MFNB or at least how much of the loan has already been repaid?


Req. No: 12 Sale of Ticadia-1 LLC
On Page 22 in line 489 of the case file it reads that Mountaintop wants to sell the Ticadia-1 LLC power plant as soon as possible. Hence the question: Did Mountaintop sell Ticadia-1 LLC and if so at what price? Alternatively: If Ticadia-1 LLC was not sold, what is the current potential sale value of the Ticadia-1 LLC?


Req. No: 13 Enforcement of pledged assets
Did MFNB or GNB enforce the pledged assets according to 5.1 of the Financing Agreement to cover at least part of the loan amount?


Req. No: 115 The Hewer Plants LLC v. Welfalcon
Was the details and decision of the Hewer Plants LLC v. Welfalcon public and available on public domain ?


Req. No: 116 Factual similarity of Hewer Plants JSC v. Welfalcon
What are the factual similarities between the present dispute and the Hewer Plants case ?


Req. No: 118 The third arbitration - Energy LLC v. Welfalcon
Was the information regarding the third arbitration by Mr. Perry Mason available on public domain ?


Req. No: 119 Prayer
In the Prayer of the Claimants, is it Article 2 or Article 4 of the ASNEC Energy Investment Treaty ?


Req. No: 79 GNB activities
Did the Goliath national bank hold any kind of investment in one of the state parties to the association of sovereign nations for economic cooperation?


Req. No: 80 UN Membership
The parties are UN members?


Req. No: 111 VCLT
Is Republic of Laos party to VCLT


Req. No: 112 Governor
What was the position of Governor while and after implementation of the directive?


Req. No: 121 Understanding between MFNB and GNB regarding raising disputes under ASNEC Energy Investment treaty
What is the understanding between MFNB and GNB apart from assignment agreement with regard to raising disputes under ASNEC Energy Investment treaty?


Req. No: 55 Limitations on transfer of investments
Are there any limitations on transfer of investments under the domestic laws of Laoc or any agreements between Laoc and the investors, which would limit the transfer of investments or set any other conditions to it?


Req. No: 56 Other environmental measures
Did Laoc adopt any other environmental measures prior to the Law 66/2016?


Req. No: 58 Sanctions within ASNEC
Are there any sanctions provided for non-compliance with ASNEC directives?


Req. No: 59 Laoc-Mercuria BIT
Was there a separate BIT between Mercuria and Laoc?


Req. No: 63 Sources of compensation
If the measures were attributed to ASNEC, and ASNEC was to be found liable, how would it pay compensation to investors?


Req. No: 113 Decisions by Mr. Mason
What is Mr. Mason’s track record in terms of decisions rendered (percentage in favour of States and Investors)?


Req. No: 114 Attribution of conduct
Is there any consequence/clause stated in the ASNEC Founding Charter if the Member States refuse to obey with any of their binding Directives?


Req. No: 31 CONSTITUTIONAL STRUCTURE OF LAOC
The facts mention different political entities, including Laoc, Ticadia and ASNAC which gives rise to questions about the Laocan constitutional structure. What is the structure (federal/unitary) of the Laocan constitution and what binding powers do entities such as ASNAC and the governors of the Ticadia have with respect to resources, and national policies?


Req. No: 32 ECONOMIC FALLOUT
Following the coal phase-out (Law 66/2016) did Laoc (including Ticadia) suffer losses economically or in terms of energy production-delivery?


Req. No: 33 MITIGATION AND LITIGATION
What steps prior to and after the arbitration (if any, and apart from those contained in the facts) did GNB take to enforce or protect its interest in the Financial Agreement?


Req. No: 34 LEGAL EFFECTIVENESS OF ASNEC'S JURISDICTION
What is the status of the other 13 arbitration brought against Laoc for the implementation of ASNEC’s decision to ban coal-fired energy?


Req. No: 35 GOOD FAITH OF LAOCAN STATE
According to the IEO Article “The Government of Laoc is considering capping coal emissions to combat floods”, the environmental scientist task force concluded that the most probable (out of several) explanations would be that floods occur because of greenhouse emissions made by numerous coal plants operating. What measures, apart from Law 66/2016 did the government of Laoc take to protect the environment and public from damage potentially arising from the other “several” possibilities?


Req. No: 105 Making arguments based on Art III of the ASNEC Energy Investment Treaty
Are we allowed to make arguments based on Art III of the ASNEC Energy Investment Treaty given Procedural Order 1 (page 43) which states that the Main Stage only discusses Art II of the ASNEC Energy Investment Treaty.


Req. No: 107 Determination of responsibilities under Art 20(2) of the Seoul Agreeement
Article 20(2) of the Seoul Agreement states that the organisation and Member States shall not be entitled to exercise rights under the Agreement concurrently. In this case where both Laoc and ASNEC are signatories, who determines whether Laoc (the Member State) or ASNEC (the organisation) gets to exercise the rights under the Agreement? How is such a determination made?


Req. No: 108 Question on the Shareholders in GNB
Did any shareholder in GNB have any links to the Hewer Plants decision itself or any links to Perry Mason in the Hewer Plants decision?


Req. No: 109 Clarification on publication of Hewer Plants decision
Was information on the Hewer Plants decision publicly available on any platform and at any time prior to 5 March 2019? Or in the alternative, prior to 2 June 2019?


Req. No: 110 Clarification on Mr Mason's Twitter account
Although Mr Mason’s twitter account is private, does a sizable portion of the arbitration community follow him?


Req. No: 48 Force Majeure
On what grounds can the force majeure be invoked under the Financing Agreement?


Req. No: 50 Notice of Assignment
Whether MFNB/GNB served a notice of assignment to the Republic of Laoc prior to initiating International Investment Arbitration?


Req. No: 52 Seoul Agreement
On what date did the Seoul Agreement enter into force?


Req. No: 127 NDC of Laoc
What was the Nationally Determined Contribution of the Republic of Laoc under the Seoul Agreement?


Req. No: 20 Assignment Agreement (C-12, page 23)
What were the communication processes with Laoc and Ticadia-1 LLC when GNB obtained all rights from the MFNB?


Req. No: 21 Financing Agreement (C-4, page 12)
What is the content of the omitted 1.DEFINITIONS, 4.REPRESENTATIONS AND WARRANTIES, 6.GOVERNING LAW, AND 8.LIST OF SCHEDULE in the Financing Agreement? (C-4)


Req. No: 22 Ticadian Weekly Journal Article "Construction of Ticadia-1 finally kicks off" (C-5, page 14)
Which source did Mr Ji-Yeong rely on when he was talking and informing the public about how “Ticadia would be the best place in Laoc to build a power plant?"


Req. No: 23 Ticadian Weekly Journal article "Construction of Ticadia-1 finally kicks off" (C-5, page 14)
How did the experts assess that the electricity bill in Laoc should immediately decrease by 15% once Ticadia-1 starts operating?


Req. No: 24 Hewer Plants JSC v. Wellfalcon & C-Energy LLC v. Wellfalcon (pages 50, 52)
How was Perry Mason appointed as the arbitrator for both cases?


Req. No: 97 40 years lifetime of T1
Has the estimate for the lifetime of T1 changed since it was first estimated at the time of T1's construction?


Req. No: 98 Ticadia-1 LLC and Bankruptcy
When, if at all, did Ticadia-1 LLC file for bankruptcy?


Req. No: 157 ASNEC Treaty Provision
What is Article 4 of the ASNEC Treaty?


Req. No: 133 “Decisions” in the ASNEC Founding Charter Article 120
We want to make sure whether the “decisions of the Association” in the ASNEC Founding Charter Article 120 refers to all kinds of legal acts decided by ASNEC or only refers to the decision narrowly defined under Article 115(4)?


Req. No: 132 Exact Time of the Drop of Value
When did the market value of the assets that were pledged to MFNB as security under the Financing Agreement start to drop significantly, following the enactment of the Coal Directive or following the enactment of Law 66/2016?


Req. No: 136 “Somehow ironic” in Exhibit R-9
Why did International Arbitration News consider the involvement of Mr Mason in the Climate Change Arbitration (Hewer case) to be somehow ironic?


Req. No: 137 Relevant Mercurian Law
How does the Mercurian law regulate the assignment and transfer of rights and claims?


Req. No: 139 Mr Mason’s Position in the Hewer Case
Did Mr Mason hold any dissenting opinion on the issue of attribution and the issue of FET breach in Hewer Plants JSC v. Wellfalcon?


Req. No: 25 GNB’s position
What's the GNB's connection and interest in the claim or dispute?


Req. No: 26 Relationship between MFNB and GNB
How does the assignment benefit the MFNB and GNB?


Req. No: 27 MFNB’s role
What specific role did MFNB play in the construction and operation of Ticadia-1? And the role it played in the investment in the Republic of Laoc?


Req. No: 28 Correct Date
On page 50, line 1207, the date “1 May 2019” is not consistent with the one (1 November 2017) in the article on page 51. Which one should be the correct one?


Req. No: 30 Ticadia‘s intention
Why GNB agrees to be the successor to MFNB, since the loan to Ticadia-1 is probably going to be a bad debt?


Req. No: 154 Council's Directive
If a member state does not implement a directive, which was enacted despite that member state's objection, would there be a legal, political or any kind of unfavorable consequence?


Req. No: 155 Ownership of T1's Land
In paragraph 10 of the Notice of Arbitration, it says that "... Ticadia-1 LLC, along with MFNB, bought a plot of land, obtained a construction permit, and began to build the power plant". Do Ticadia-1 LLC and MFNB jointly own the land on which the power plant was built?


Req. No: 117 IEO
Is IEO an administrative agency of Laoc?


Req. No: 120 Laoc's state structure
Is Laoc a federal republic? If yes, do its states have their own law?


Req. No: 149 ICSID jurisdiction
Are Mercury, Laoc, and other ASNEC states members of the ICSID Convention?


Req. No: 78 Correct Date
Exhibit R-7 indicates that the Statement of Independence and Impartiality of Perry Mason's dated 15 February 2019. However, in the statement, the date is 28 February 2019. Which date can be used correctly?


Req. No: 125 Interpretation of Article 10 of the ASNEC Treaty
Are there any travaux préparatoires for Article 10 of ASNEC Energy Investment Treaty? If so, do they differ from the present wording?


Req. No: 128 Interpretation of Article 1 of the ASNEC Treaty
Did the drafters of ASNEC Energy Investment Treaty consider the notion of “making an investment”?


Req. No: 129 Interpretation of Article 1 of the ASNEC Treaty
Did the drafters consider in preparatory works the necessity of economic contribution to the host state for the purpose of ASNEC Energy Investment Treaty?


Req. No: 131 Claimant's request for compensation
How is the sum of compensation requested by Claimant (USD450,000,000) is determined?


Req. No: 134 Consequences of Respondent's measures
What are the consequences of the new Respondent's laws in the energy sphere for other coal-fired plants manufacturers functioning in Laoc?


Req. No: 81 Private RE companies in Laoc
Are there any private renewable energy power plants operating inside Laocan territory?


Req. No: 82 Non-renewable energy companies
Were other non-renewable energy companies subject to regulations similar to those imposed upon coal-fired power plants in Laoc? 


Req. No: 83 Lawyers and Law Firms
Who are the lawyers and/or law firms that currently participate or have participated in the cases "Hewer Plants vs. Wellfalcon" and “C-Energy LLC v. Wellfalcon”?


Req. No: 85 Mr. Mason’s participation on previous arbitrations
Did Mr. Perry Mason work or participate directly or indirectly in other arbitration procedures related to The Republic of Laoc, Goliath National Bank JSC or the Mercurian First National Bank JSC?


Req. No: 86 ASNEC’s competence
Is the establishment of environmental policy and of competition rules under ASNEC's exclusive competence?


Round 20202

Req. No: 188 Party to CFFPR
When did Laoc become a Party of the UN Framework Convention on Climate Change?


Req. No: 195 Invoking Article 124
Has Article 124 been invoked towards Laoc prior to the enactment of Law 66/2016 and 72/2016?


Req. No: 190 Coal Directive Adoption
Aside from Laoc, is there any other ASNEC Member States who voted against the adoption of Coal Directive?


Req. No: 196 Laoc-ASNEC Communication
Has Laoc ever communicate with ASNEC regarding the conflict of norms it might face during the implementation of Coal Directive?


Req. No: 199 GNB's activity
Did GNB do any investment-related activities during the period window after they acquired the assigned investment and before they submitted a notice of arbitration?


Req. No: 191 Attribution of Claim
Has there been any investment claim addressed to ASNEC after Hewer rendered its award?


Req. No: 192 Other renewable company
Is there any other renewable company prior to the establishment of LRC?


Req. No: 193 C-Energy Dispute
What are the factual backgrounds of the C-Energy dispute?


Req. No: 194 Mr Mason Affiliation
Is there any affiliation of parties such as counsel, law firms, or any other relationships between Hewer Plants, C-Energy, and the present case?


Req. No: 216 National investors
Were there any coal-fired power plants in the Republic of Laoc owned by domestic investors?


Req. No: 217 Conversion to renewable energy
Is it possible to convert Ticadia-1 to a renewable energy plant?


Req. No: 218 Measures taken by other ASNEC states
What measures have other member states of ASNEC taken in order to comply with Directive 2016/87 on the renewable sources of energy?


Req. No: 219 Due diligence
What did the due diligence, ordered by MFNB, analyze in the Republic of Laoc?


Req. No: 220 Previous activity
Was the Claimant previously engaged only in the purchase of investment claims with subsequent appeal to the investment arbitration?


Req. No: 231 The issue of attribution in Hewer Plants
Did the tribunal in Hewer Plants v. Wellfalcon decide to attribute the measures concerning the coal phase-out to ASNEC?


Req. No: 232 The delayed issuance of the Licence
Why did the Laocan Government grant the Licence only four years after the construction permit?


Req. No: 235 Scientific study supporting the ASNEC Directive’s goals
Did the ASNEC conduct any scientific studies to support the Directive’s goals?


Req. No: 238 Electricity imports in ASNEC Energy market
To what extent was it economically and technically viable for Laoc to import electric energy from other ASNEC countries?


Req. No: 240 Reasons for the absence of compensation under the ASNEC Coal Directive
Why did ASNEC Council and member States decide that producers/owners of coal plants cannot be compensated for the losses caused by the phase-out (Article 7(3) Coal Directive)?


Req. No: 181 Law 72/2016
Under Law 72/2016, the investors in coal power plants will be eligible for the feed in tariff scheme for a period of 20 years if they further invest in renewable energy power plants. What is meant by this further investment? Whether they can convert the existing coal power plants to renewable energy power plants or they have to construct a new renewable energy power plant?


Req. No: 234 Appointment of Mr. Mason to C-Energy Arbitration
When was Mr. Mason appointed as an arbitrator in C-Energy v. Wellfalcon?


Req. No: 236 ASNEC Enforcement Mechanisms
What are the enforcement mechanisms of Awards under the ASNEC machinery for dealing with claims against the organization?


Req. No: 237 Confidentiality of Hewer Plants
Were the proceedings in the Hewer Plants v. Wellfalcon arbitration confidential in nature?


Req. No: 239 Priority of Access Affecting Coal-Investors
As per Article 3 of Law 72/2016, ‘priority of access to the electricity grid’ needs to be provided to installations providing renewable energy. What effects did this measure have on existing operators providing electricity through coal sources?


Req. No: 241 Violation of Article II & III of the ASNEC Energy Treaty
Did GNB/MFNB approach the local courts of Laoc before commencing the present arbitration? What other means did the investors otherwise rely upon to challenge Laoc's measures as being violative of the National Treatment (or MFN as per Article II) & Expropriation (Article III) Standards under the ASNEC Energy Investment Treaty?


Req. No: 228 The energy sector in Laoc
Were there any state owned energy companies in Laoc before Laws 66 and 72/2016?


Req. No: 229 ASNEC's participation in the dispute
Has ASNEC somehow reacted with respect to the dispute GNB vs Laoc?


Req. No: 230 Consultations before the enactment of the measures
Did MFNB take part in the consultations before the enactment of Laws 66 and 72/2016? (PO3, para 10)


Req. No: 233 MFNB’s initial reaction to the measures in dispute
Had MFNB communicated its claims to Laoc before the assignment?


Req. No: 211 Existence of MFNB’s legal personality
After the execution of the Assignment Agreement, did MFNB enter into insolvency or any corporate restructuring scheme and remain a going concern until today?


Req. No: 212 Multiplicity of Proceedings
Did Mountaintop and Ticadia-1 LLC previously contemplate (or are they presently still contemplating) commencing an investment claim against Laoc under the ASNEC Energy Investment Treaty; and if no, why not?


Req. No: 213 Past and Present Laws of Laoc
Is there any other relevant legislation in Laoc that governs the operation of coal-fired power plants and environmental regulations on industrial activities (whether repealed by Law 66/2016 and Law 72/2016, or still in force)?


Req. No: 214 Similarity of Factual Matrix
Based on publicly available information, what was the expected life-span of the lignite-fired power plant and open-cast lignite mine in Hewer Plant, and to what extent did the law of the Wellfalcon government compel their closure prematurely prior to 2028 (if at all)?


Req. No: 215 Commercial Viability of Ticadia-1 Power Plant
Is the Ticadia-1 Power Plant still operational and supplying electricity to the grid, or has its land plot and infrastructure been sold off and converted to other uses? If it is the former, is the plant operating at a profit, whether by new owners or liquidators/receivers (if Ticadia-1 LLC has yet to be wound-up)?


Req. No: 247 Explanations related to floods
What other several explanations of floods (p. 31, line 725) were considered by the Laocan task force and why were they abondoned?


Req. No: 248 Number of power plants
How many foreign-owned coal-fired power plants of Laoc are subject to early closure?


Req. No: 249 Relation between cases and investors
Is there any relation between Hewer Plants and C-Energy and investors in the present case?


Req. No: 250 Admission on investments under Laocan law
Are there any requirements for the admission of investments in Laocan law?


Req. No: 251 Implementation of the Directive
Did all Member States implement the Directive, and if not, were any sanction imposed on such Member States?


Req. No: 162 Laoc's objection to the Assignment Agreement
At what point did Laoc first raise its objection to the Assignment? Was it raised immediately after getting served the notice or first raised upon its response to the notice of arbitration?


Req. No: 163 Negotiations to solve the dispute between Laoc and GNB
What transpired during the period GNB tried to negotiate a solution to the dispute? On what terms did it negotiate the resolution of the dispute which failed and eventually led to filing the notice of arbitration?


Req. No: 164 WTO Membership
Are Laoc and Mercuria WTO Members?


Req. No: 252 MFNB
1. Did MFNB receive any partial payments from Tacadia-1 between October 2014 and July 2017 related to the loan amount as described in the “Terms of Repayment” of the Financial Agreement?


Req. No: 253 GNB
2. Apart from the arbitration against Laoc, have GNB execute any other provision of the Financing Agreement?


Req. No: 254 POST JUNE PUBLIC STATEMENTS
Were there any other interviews, public statements, or posts on social media made by Perry Mason after 2 June 2019 regarding climate change arbitration, ASNEC Energy Investment Treaty, or the cases against the ASNEC Member States?


Req. No: 255 POST 2015 MITIGATION
After 2015, what measures did the government of Laoc take in order to prevent further damages and deaths coming from floods and other natural disasters?


Req. No: 256 OTHER POSSIBLE CAUSES OF ENVIRONMENTAL DAMAGE
6. According to the IEO Article “The Government of Laoc is considering capping coal emissions to combat floods”, the environmental scientist task force concluded that the most probable (out of several) explanations would be that floods occur because of greenhouse emissions made by numerous coal plants operating. What were the other several reasons


Req. No: 258 PAYMENT
Did Mountaintop paid any part of the loan to MFNB?


Req. No: 221 Proviso to Exceptions
Is the proviso in Para 1705, i.e., "provided that no such measure shall constitute a disguised restriction on Economic Activity in the Energy Sector, or arbitrary or unjustifiable discrimination between Contracting Parties or between Investors or other interested persons of Contracting Parties" meant only for Article IX (1) (c) (ii)?


Req. No: 202 Record of Losses Suffered by the Claimant
Is there any spesific report presented by Claimant's expert regarding the quantification of losses suffered by Claimant?


Req. No: 201 The Existence of Laoc's National Law
Does there exist any national law within the state of Laoc that governs the specific commitments made for the Claimant?


Req. No: 184 The exact content of the notification
What is the exact content of the notification in paragraph 3 of the Procedural Order No. 3?


Req. No: 185 The exact content of the notification
What is the exact content of the GNB's notification to Laoc in paragraph 30 of the Uncontested Facts?


Req. No: 186 The notification of Assignment
Is the notification in paragraph 30 of the Uncontested Facts the same as the one in paragraph 3 of the Procedural No. 1?


Req. No: 187 The term of Article 120 of the ASNEC Founding Charter
In respect of Article 120 of the ASNEC Founding Charter, isn't it necessary to replace "shall be governed, in particular, by Articles 6 and 7 of the Article on the Responsibility of International Organizations" to "shall be governed by the Article on the Responsibility of International Organizations, and in particular, its Articles 6 and 7"?


Req. No: 176 Conventions in Question
Are Laoc and Mercuria both parties to the UN Convetion on Independent Guarantees and Stand-by Letters of Credit, or in the alternative, Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986?


Req. No: 177 Ji-Yeong and Politics
Has Ji Yeong ever been involved with ASNEC or a member of a political party (in the case at hand, LWM or LEU?)


Req. No: 178 Key decision makers
When and how did Laocan Government key decision makers find out that the coal plants contributes most of the problems of the annual floods?


Req. No: 179 ASNEC Council Meeting
Has there been any ASNEC Council's meeting concerning the effect the enactment of Law 66 to T-1 investors prior to this dispute's submission to the arbitration?


Req. No: 180 Payment agreement between T-1 and Local Coal Mining Company
How is the payment made in the agreement between T-1 and the local coal mining company that provides fuel for T-1?


Req. No: 223 The potential penalty payment
How much penalty will the Member State pay after the ASNEC Council made a determination of the existence of a serious and persistent breach?


Req. No: 224 The present status of Ticadia-1 LLC
Has Ticadia-1 LLC actually gone bankrupt after Mountaintop’s instruction to the management of Ticadia-1 LLC of filing for bankruptcy?


Req. No: 225 Regulation updates concerning BAT
What exactly are the updated requirements of Laocan regulation concerning the requirements to meet the best available techniques (BAT)?


Req. No: 226 The proportion of coal-fired power plants constructed at 1980s
What are the proportion of the number of the Laocan coal-fired power plants constructed at 1980s to the total amount of the Laocan coal-fired power plants?


Req. No: 227 Exact time of Respondent’s knowledge
When did the Respondent become aware of Mr. Mason’s interview and his participation in the Hewer case?


Req. No: 203 Compensation
In what manner was the compensation claimed by the Claimant established?


Req. No: 175 Date of the Hearing of the Energy LLC Case
Procedural Order 3 states, in line 1930, that the oral hearing for the Energy LLC case "took place late last year and that the tribunal is expected to render its award in due course." The date of procedural order no.3 is 16th June 2020. Does the said line indicate that the date of oral hearing was exactly one year before the procedural order i.e. June 2019, or was the date of the hearing something else?


Req. No: 183 Nationally Determined Contribution of Laoc under the Seoul Agreement
What was Laoc's Nationally Determined Contribution under the Seoul Agreement?


Req. No: 198 Decision in Hewer Plants
Was the tribunal's decision in Hewer Plants JSC v. Wellfalcon unanimous?


Req. No: 206 Treaty on the Functioning of ASNEC
Does ASNEC have a treaty on its functioning?


Req. No: 207 Refusal on implementing the Coal Directive
Has any ASNEC Member refused to implement the Coal Directive? If so, what, if any, consequences has it suffered?


Req. No: 208 Implementation of the Coal Directive in Wellfalcon
Has Wellfalcon enacted any legislation similar to Law 72/16?


Req. No: 209 Privatisation of LRC
When privatised, will LRC be broken into different companies?


Req. No: 210 Mr. Mason's participation in "Hewer Plants v. Wellfalcon"
Has Mr. Mason presented any concurring or dissenting opinion when dispatching the final award in the Hewer Plants v. Wellfalcon case?


Req. No: 161 Issues under ASNEC Competence
Article 1(5) of the ASNEC Energy Investment Treaty indicates that ASNEC states have "transferred competence over certain matters a number of which are governed by this Treaty, including the authority to take decisions binding on them in respect of those matters". However, these 'matters' are not listed. Is 'energy policy' an area over which states have transferred their competence to ASNEC?


Req. No: 165 Qualifying Investments
Having “explicitly acknowledged” at [5] of its Response that MFNB is a qualifying investor, is the Respondent thereby bound to admit MFNB’s contractual rights as qualifying investments?


Req. No: 244 FET
When did Laoc ratify the United Nations Convention Framework on Climate Change?


Req. No: 243 Respondent’s challenge to Perry Mason
Did Wellfalcon adopt the feed in tariff like the one established in Laoc after the implementation of the ASNEC Coal Directive?


Req. No: 245 FET
Did Laoc communicate its first nationally determined contribution under the Seoul Agreement?


Req. No: 246 FET
How did the other ASNEC member States comply with Directive 2016/87?


Req. No: 158 ICCPR
Has Laoc ever been a party to ICCPR(International Covenant on Civil and Political Rights)?


Req. No: 159 The establishment of ASNEC
When did the negotiation of the establishment of ASNEC start?


Req. No: 160 Withdrawal of ASNEC
Whether Laoc has the possibility to withdraw from the ASNEC.