Foreign Direct Investment International Arbitration Moot


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Clarification Requests 2024

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 20241

Adverse Inference/Req. No: 2 Claim IV Wording Clarification
Is it correct that Astracommex Regional (Claimant) is the party who must repeat the search?


Adverse Inference/Req. No: 5 Inconsistent Wording of 4th Claim
Does the Tribunal's power to draw adverse inference in the 4th claim indicate a subsequent obligation to repeat the search after determining its power to do so?


Adverse Inference/Req. No: 24 Order for Celestria
In issue number (iv) the question pertains to ordering Astracommex to repeat the search and produce any newly identified responsible documents. However, shouldn't this order be for the respondent, that is Celestria?


Adverse Inference/Req. No: 26 The subject of to repeat search
Whether the fourth issue should be "[w]hether the Tribunal has the power to draw adverse inference from a non-compliance with document production order and/or order Celestria to repeat the search and produce any newly identified responsible documents" instead of "[w]hether the Tribunal has the power to draw adverse inference from a non-compliance with document production order and/or order Astracommex to repeat the search and produce any newly identified responsible documents" since Astracommex have not been requested by the opposing party to repeat the search according to the case bundle. Thanks.


Adverse Inference/Req. No: 38 Inconsistent Wording of 4th Claim
In the fourth claim, is the question of whether the arbitral tribunal has the power to draw adverse inferences a general abstract question, or is it a judgment as to whether it has the power to do so in this case?


Adverse Inference/Req. No: 40 Power of the Tribunal
In issue 4, does it question the power of the tribunal to order the search and produce documents or does it also question whether substantially the tribunal should order the search and produce documents?


Adverse Inference/Req. No: 45 Document Production
On the notice of non-compliance with document production, the claimant stated that the redacted document sent to the claimant suggested that the AS100 was mistakenly identified as its target. What is the basis for the Claimant to state that the AS100 satellite was mistakenly identified as a target since it is not said nor suggested in the collision report?


Adverse Inference/Req. No: 54 Respondent's effort in document search
What efforts has Respondent made in the search for the incident report documents if Respondent knew the existence of the collision incident report?


Adverse Inference/Req. No: 65 4. Document production request timing
When was the request for document production made?


Adverse Inference/Req. No: 67 Range of issue IV
Should teams discuss whether the arbitral tribunal "should" require a repeat search or just discuss whether the tribunal has the power to do so?


Adverse Inference/Req. No: 82 Agreement on Rules
Do the parties agree upon the applicability of IBA rules 2020?


Adverse Inference/Req. No: 97 Duplicate Exhibits C-10
Could the case committee clarify the labeling of exhibits C-10, as there appears to be two exhibits with the same label? One pertains to the Free Trade Agreement of December 2, 2003, and the other to the Bylaws of Astracommex Global Satellite Communications Inc. Are these intended to be both labeled under C-10?


Adverse Inference/Req. No: 101 Does Celestria has access to the report of collision?
Celestria has access to the report of collision that Astracomex recieved from an anonymous e-mail?


Adverse Inference/Req. No: 103 Application of soft law
The soft laws, just as IBA and Prague rules, are appplicable under these proceedings?


Adverse Inference/Req. No: 109 "Request for documents"
Which party is being referenced to produce documents in the Tribunal's order?


Adverse Inference/Req. No: 130 Confidentiality log
Which types of documents were already produced under the confidentiality log and under which request?


Adverse Inference/Req. No: 131 Background of the Amateur Astronomer
(Exhibit C-7) Could you provide more information on the amateur astronomer Rick Carrington who captured the solar storm?


Adverse Inference/Req. No: 158 Confidential data in the the incident report
Does the AS100 collision incident report dated 17 February 2021 contain any confidential data which can be secured via Confidential log?


Adverse Inference/Req. No: 159 Procedure followed for the search for documents
How was the search for responsive documents conducted by Respondent?


Adverse Inference/Req. No: 161 Environmental consequences of the AS100 collision
Has the AS100 collision incident entailed any environmental aftermath?


Adverse Inference/Req. No: 164 Production of the unredacted version of the incident report
If the Tribunal orders reproduction of the documents, will Respondent produce the unredacted version of the AS100 collision incident report dated 17 February 2021?


Jurisdiction ratione temporis/Req. No: 27 The date of the Respondent's note
In the response of the Respondent, the respondent mentioned it "[h]as made the following notification under Article 25(4) of the ICSID Convention"(P.33 para. 805). Please indicate the date of such notification that has been delivered to the Contracting party of the Claimant.


Jurisdiction ratione temporis/Req. No: 48 Date of signature
According to the Respondent’s Response to the Request for Arbitration, the Declaration was issued on 10 October 2022. My question is, when was the Declaration signed? Is the date of signature the same as the date of issuing?


Jurisdiction ratione temporis/Req. No: 49 Claims in domestic proceedings
In the domestic proceedings initiated by the Claimant against the DoD, the RDA, the NFA, and the Space Agency, what claims were submitted by the Claimant?


Jurisdiction ratione temporis/Req. No: 59 Documents during negotiation for BIT
Para 40 of Uncontested Facts says that the BIT was entered into after several months of negotiations. In this regard were any drafts or instruments exchanged between Celestria and Nebuland. If yes, what was the content of such documents and when were they exchanged.


Jurisdiction ratione temporis/Req. No: 80 Signing of Joint Declarative Statement
Was the Joint Declarative Statement (R-1) negotiation and signing known to the Claimant before it was published?


Jurisdiction ratione temporis/Req. No: 89 Is the Kingdm of Nebuland signatory of the ICSID Convention?
Just as Celestria, Nebuland is a signatory and has ratified the ICISID convention?


Jurisdiction ratione temporis/Req. No: 90 Termination of FTA
When cosmosis terminated the FTA, were the other parties notified of this termination as stated so in Article 15?


Jurisdiction ratione temporis/Req. No: 93 Date of the request for conciliation
The date of the request for conciliation submitted by Astracommex? (multi-tiered clauses)


Jurisdiction ratione temporis/Req. No: 99 Regarding the NEPA
Was it interpreted and applied broadly on all similar cases regarding “future agency actions”, or were there cases that saw a different interpretation?


Jurisdiction ratione temporis/Req. No: 102 Objective of the declaration
Does Celestria and Nebuland have any objetive to interfere in the arbitration by doing the Declaration concerning the Agreement on reciprocal promotion and protection of investments between the Kingdom of Nebuland and Republic of Celestria, that was published after the request for arbitration?


Jurisdiction ratione temporis/Req. No: 104 “Date of application of notification”
Seeking clarification on the intended scope and purpose of the interpretive notification, specifically the declaration concerning the Agreement on Reciprocal Promotion and Protection of Investment between the Kingdom of Nebuland and Republic of Celestria, issued on 10 October 2022? In particular, does this notification apply to investments and disputes that originated before its issuance?


Jurisdiction ratione temporis/Req. No: 107 “Registration of satellites”
Was there any registration done by Cosmosis with respect to the Claimant’s 400 km. satellites that were launched from Cosmosis’s territory.


Jurisdiction ratione temporis/Req. No: 108 Declaration
What was the context surrounding the signature of the declaration?


Jurisdiction ratione temporis/Req. No: 110 FTA Compromissory Clause
Does FTA between Nebuland, Celestria and Cosmosis contain any other provisions concerning dispute resolution?


Jurisdiction ratione temporis/Req. No: 115 Intention of the Declaration
When the declaration (R1) was signed, what discussions took place between the parties regarding its application to legal claims that had arisen before the BIT, and where a request for arbitration had been registered by the tribunal, all prior to the declaration's signing?


Jurisdiction ratione temporis/Req. No: 129 Pre-negotiations of Declaration from 10 October 2022
What were the parties’ rationale and history behind the conclusion of the Declaration on 10 October 2022?


Jurisdiction ratione temporis/Req. No: 144 Parties to VCLT
Are the states mentioned in the file signatories to the Vienna Convention on the Laws of Treaties?


Jurisdiction ratione temporis/Req. No: 149 Drafting Article II of the BIT
[Exhibit C-10, p. 29. BIT, p. 86] When drafting Article II of the BIT, whether it was Nebuland or Celestria that first proposed the current wording of this article? More specifically, did either of the two states explicitly propose to (1) adopt the wording of “legal disputes in relation to investments”, or (2) remove the wording about excluding the pre-entry-into-force application of the BIT (compared to in the prior FTA, “…It shall not apply to differences or disputes that arose prior to its entry into force.”).


Jurisdiction ratione temporis/Req. No: 150 Communication between Astracommex Regional and the following Celestria agencies
Was there any further communication between Astracommex Regional and the following Celestria agencies: (1) with the NFA following the NFA’s request for additional documentation on 2 October 2020, (2) with the DoD following the DoD's order of investigation and suspension on 5 January 2021, (3) with the DoD following the DoD’s directive for repositioning of the satellites on 1 March 2021.


Jurisdiction ratione temporis/Req. No: 151 Agreement on reciprocal promotion and protection of investments
[Declaration concerning the Agreement on reciprocal promotion and protection of investments between the Kingdom of Nebuland and Republic of Celestria, Exhibit R-1, p. 35] Why did Celestria and Nebuland make this Declaration? Or, what is the background of this Declaration?


Jurisdiction ratione temporis/Req. No: 156 clarification regarding bylaws of Astracommex Global Satellite Communication Inc.
In Article 8 what is the time duration 90 or 120 days


Jurisdiction ratione temporis/Req. No: 157 Temporal limitation in the BIT
Why did the Contracting Parties of the BIT not include the temporal limitation in the BIT when negotiating the BIT?


Jurisdiction ratione temporis/Req. No: 165 The text of FTA
Could you please provide the full text of the FTA? If it is impossible, could you provide the preamble of the FTA?


Miscellaneous/Req. No: 87 About the arbitration agreement
● We need the arbitral agreement or arbitration clause made between the parties.


Miscellaneous/Req. No: 96 Regarding the word "thintoe" on Page 6, Paragraph 9:
Can the case committee please confirm if "thintoe" in the mentioned paragraph is a typographical error?


Miscellaneous/Req. No: 98 Regarding the BIT
There is a noticeable omission between Article III and Article V. Was the omission of Article V intentional or is it a mistake?


Miscellaneous/Req. No: 127 Interpretation of Article 69 of Nebuland's Code of Civil Procedure
The article 69 of the Code of Civil Procedure of Nebuland lists 'shall create a right arising under a treaty of Celestria'. How shall this clause be interpreted?


Miscellaneous/Req. No: 160 Agreement on Rules
Did the parties agree with the application of IBA Guidelines on Conflicts of Interest in International Arbitration in present case?


Other Factual Matters/Req. No: 6 Date of RDF Agreement
Footnote 3 on page 6 says the RDF Agreement is dated 1 February 2016. Should this instead read 15 February 2016, as per the Agreement itself on page 12 (Exhibit C-2) and in the Table of Contents?


Other Factual Matters/Req. No: 7 CSA study publication date
The CSA’s study exhibited at R-4, page 39 is dated 20 May 2020, but the uncontested statement of facts dates this study as 15 May 2020, at [31] of page 81. What date was this published?


Other Factual Matters/Req. No: 8 Submission to modify frequencies date
Exhibit R-3, page 38, states that the Claimant’s submission to modify frequencies was made on 1 September 2020, but [35] page 82 of the uncontested facts says this took place on 5 September 2020. When was the submission made?


Other Factual Matters/Req. No: 9 Last launch date
[44] on page 83 of the uncontested facts states that since 1 October 2020, Astracommex has not launched any satellites. Is this year correct? The facts are discussed chronologically and surrounding sentences are dated 2021.


Other Factual Matters/Req. No: 15 Payment Obligation Perion
Page 64 C-10 provides that "any time within the following ninety (120) days" my question is that, is it 90 days or 120 days?


Other Factual Matters/Req. No: 16 Frequency request clarification
On pages 7 (lines 62-63), 12 (line 234), and 77 (line 1907), it says Ka-band frequencies whereas on pages 7 (lines 79, 81), 8 (line 102), and 82 (lines 2032, 2034, 2043) it says Ku-band frequencies. Which frequency is Claimant applying for?


Other Factual Matters/Req. No: 17 RDF Agreement
How was the RDF Agreement modified?


Other Factual Matters/Req. No: 18 Alternative launch site
What are the alternative launch site that the Claimant secures on 16 Jan 2018?


Other Factual Matters/Req. No: 19 Environmental Impact Assesment
What companies are required to provide when conducting an environment impact assessment?


Other Factual Matters/Req. No: 22 ICSID Member state
Is Nebuland also an ICSID Member state?


Other Factual Matters/Req. No: 23 Correct date
What is the correct date of RDF Application submitted by Astracommex?


Other Factual Matters/Req. No: 34 Facts
Are the exhibits referred to in Procedural Order Number 1 the exhibits from the case, and would that count towards the word count?


Other Factual Matters/Req. No: 39 Reasonable Search Assessment
What measures has Celestria carried out in order to search for documents?


Other Factual Matters/Req. No: 41 Status of Valinor
Is Valinor a domestic satellite communication company of Celestria?


Other Factual Matters/Req. No: 43 Third Party Funding
Is there any prior agreement regarding the Third Party Funder or any other agreement between Marcial Ventures & Platonial Investment with Astracommex Global in regards with the existence of this present proceeding?


Other Factual Matters/Req. No: 47 The Satellites Territory
Is it possible to add details regarding the launch of Astra System Satellites that was launched from Cosmosis?


Other Factual Matters/Req. No: 55 Ka-band frequency material
As the Claimant was requested to submit supplementary materials to facilitate environmental impact assessment of Ka-band frequencies, kindly clarify if there were any materials submitted before this along with the application of Ka-band frequencies? 


Other Factual Matters/Req. No: 56 Third Party Funding
Is there any funding agreement between Astracommex and Marshal Ventures and Platonial investments? If yes, can we be provided with the information of such agreement?


Other Factual Matters/Req. No: 58 Astracommex Global's financial balance situation
How is Astracommex Global Satellite Communication Inc.'s financial balance situation?


Other Factual Matters/Req. No: 60 BIT's contracting history
Is any information on the BIT's contracting history can be provided?


Other Factual Matters/Req. No: 69 Alternative launch sites
Are the alternative launch sites in Celestria?


Other Factual Matters/Req. No: 70 Astracommex Affiliates
Does Astracommex Global have other affiliates besides Astracommex Regional?


Other Factual Matters/Req. No: 71 Article IV BIT
Is the content of Article IV missing in the BIT or is this a spelling mistake?


Other Factual Matters/Req. No: 72 Celestria and Nebuland WTO
Are Celestria and Nebuland members of the WTO?


Other Factual Matters/Req. No: 85 Elaboration and the effects of Article 3 of NEPA
● Elaborate more on Article 3 of NEPA environmental impact assessment and how it may affect the situation beforehand ?


Other Factual Matters/Req. No: 86 About the materials in paragraph 14 and the reason of rejecting the application
● paragraph 14 second line: "...supplementary materials..." what kind of materials and documents were requested ? to what extent were they important so that the application be rejected ?


Other Factual Matters/Req. No: 88 About the conditions of modifications stated in article 6 (p.13)
● what are the specific conditions of the modifications in article 6 ? (paragraph 13).


Other Factual Matters/Req. No: 91 Nature of the environmental degradation
What is the specific nature of the environmental degradation that is caused due to the AS100 and cubesat collision?


Other Factual Matters/Req. No: 95 Temporary halt
Was the ‘temporary halt’ on Astracommex Regional's uplink and downlink communication of the satellite by the CSA uplifted or not?


Other Factual Matters/Req. No: 120 Requirements of Ka-Band and Ku-band
Do the KA-Band and KU-Band frequencies have the same requirements for its frequency operation?


Other Factual Matters/Req. No: 122 Internet Service fee
What is an Internet Service fee as given in excerpt R-10?


Other Factual Matters/Req. No: 123 Assets of DoD
What are DoD's assets and do they have any other satellites at an altitude of 400 km?


Other Factual Matters/Req. No: 146 National Security Act
In C-8, Page 25 of the problem, it was stated that "In accordance with the powers conferred by the Celestrian National Security Act, the Department of Defense of Celestria has jurisdiction over space activities involving essential security interests." Could you provide the relevant portions of the Celestrian National Security Act?


Other Factual Matters/Req. No: 147 own calculations and real life examples
13. P. 50, point 11.5 Can the teams use their own calculations and real life examples to present an argument?


Other Factual Matters/Req. No: 148 National Security Act
What was the intention behind enacting the portions of the National Security Act that govern space activities?


Other Factual Matters/Req. No: 162 Valinor's scope of business
Could you please provide the background information of Valinor, for example, its scope of business?


Request for Security for Costs/Req. No: 1 Third Party Funder
Are Marcial Ventures and Platonial Investment Ltd. the Claimant's only affiliates?


Request for Security for Costs/Req. No: 10 capital call
According to paragraph 45 of the Statement of Uncontested Facts, the Supreme Court of Celestria rejected all of Astracommex Regional's claims against the DoD, the NFA, the RDA, and the Space Agency on 1 April 2022 and ordered it to bear the cost of proceedings. To date, Astracommex Regional failed to comply with the cost order. My question is: Did Astracommex's parent company issue a capital call to its shareholders to comply with the cost order of the domestic court, as it did to finance the present proceeding?


Request for Security for Costs/Req. No: 11 Non-compliance with legal orders
Do Astracommex Regional Satellite Communications Inc. and Astracommex Global Satellite Communication Inc. have a history of non-compliance with legal orders in prior court or arbitration proceedings, other than Astracommex Regional’s non-compliance with the cost order issued by the Celestia Superior Court?


Request for Security for Costs/Req. No: 12 Origin of funds for payment of ICSID fee
What was the source of the funds with which Astracommex Regional Satellite Communications Inc. paid a fee of USD 150,000 to ICSID on 15 February 2023?


Request for Security for Costs/Req. No: 20 Third-Party Funding
Are there any other companies that got the capital call from Claimant?


Request for Security for Costs/Req. No: 21 Security for Costs
What is the basis for USD 2 million of Claimant's request for security for cost?


Request for Security for Costs/Req. No: 30 Security for Costs
Does Astracommex Global have any other equity holders with obligations relating to capital contributions?


Request for Security for Costs/Req. No: 35 Capital Call
Capital Call Notice at R-10 says payment must be received on or prior to 28 July 2022. Did these two companies pay the capital contribution before 28 July 2022 and when was the money contributed to Astracommex?


Request for Security for Costs/Req. No: 42 the approach the P&L Statement prepared in
Which approach is the Profit and Loss Statement prepared in?


Request for Security for Costs/Req. No: 44 relevant bank transaction slip of compensation
Uncontested facts has mentioned Astracommex Regional Satellite Communication Inc. has received the compensation from the space center on 1 January 2017, but it was not reflected in the Profit and Loss statement. Is there any relevant bank transaction slip?


Request for Security for Costs/Req. No: 50 Detail of legal expenses
Is there any further or more detailed information on the Claimant’s legal expenses?


Request for Security for Costs/Req. No: 51 Astracommex Global’s financial situation
Is there any more detailed information about the financial situation of Astracommex Global?


Request for Security for Costs/Req. No: 81 Dividends to Shareholders
Has Astrocommex Global paid any dividends to Marcial or Platonial?


Request for Security for Costs/Req. No: 94 Third-party funding
Whether there were any additional Bylaws that helped fund the Astracommex Regional Company (In addition to the subtotal 25% of share) and whether the capital call notice sent on 13th January was in any relation to the funding of the arbitration as stated by the respondent.


Request for Security for Costs/Req. No: 105 “Mr. Damus’s Report”
The Profit and Loss Statement of Astracommex Global has been annexed as Annexure R-10 to the Response to Request for Arbitration. The statement shows an entry of 9 million USD as legal expenses in the period of November 2021 to October 2022. Where has such an amount been disbursed by the Claimant company in lieu of legal expenses?


Request for Security for Costs/Req. No: 116 The destiny of the money from capital call
There are evidences that the money that came from Astracomex Global's capital call was transfered to Astracomex Regional and used for them to pay the debits of the arbitration?


Request for Security for Costs/Req. No: 117 Previous Capital Calls by the Claimant
Were there any rounds of capital calls from the company to the alleged third-party funders, Marcial Ventures and Platonial Investment, between the time of investment and the occurrence of the legal dispute?


Request for Security for Costs/Req. No: 125 Use of capital call funds
Is it confirmed that Claimant utilized the entirety of the capital call fund to fund the present proceeding?


Request for Security for Costs/Req. No: 132 Flow of payments from Marcial Ventures Ltd and Platonial Investments
What is the timeline of payments’ flow from Marcial Ventures Ltd and Platonial Investments to Astracommex Regional, e.g., when were payments from Marcial Ventures Ltd and Platonial Investments made to Astracommex Global and then further to Astracommex Regional?


Request for Security for Costs/Req. No: 134 Value of the Claimant’s and AstraCommex Global’s assets
What is the value of the Claimant’s assets, and of AstraCommex Global’s assets, in Celestria?


Request for Security for Costs/Req. No: 135 Frequency for capital calling
How frequently has Astracommex Global issued capital calls to Marcial Ventures Ltd and Platonial Investments in the past?


Request for Security for Costs/Req. No: 142 Utilisation of funds obtained from the capital call
Were the funds obtained from the capital call allocated to fully cover the arbitration costs, or it was used to cover other operational expenses and other investments?


Request for Security for Costs/Req. No: 145 Remuneration to Marical Venutres and Platonial Investments
Whether Marcial Ventures and Platonial Investments are entitled to receive any monetary funds with respect to their contribution in the capital call up notice?


Request for Security for Costs/Req. No: 166 Articles of BYLAWS
Could you please provide more Articles of BYLAWS such as if there is a time interval for requesting cash call?


Violation of Article VII BIT/Req. No: 3 Further Information after the Collision
Has the Respondent ordered Valinor to reposition the cube satellite?


Violation of Article VII BIT/Req. No: 4 Registration on Satellites Launch
Is the launching of the Claimant's satellites registered by Cosmosis or the Respondent?


Violation of Article VII BIT/Req. No: 13 Information about domestic telecommunication companies
Did Celestria’s state authorities apply the same or similar measures to the investments of the two domestic telecommunication companies (which also received Rural Development Agency funding on 1 August 2016) as they did to the Claimant’s investments, after the National Environmental Protection Act was enacted in Celestria?


Violation of Article VII BIT/Req. No: 14 Respondent’s ICSID Notification
According to Respondent’s Response to the Request for Arbitration, Celestria has made a notification under Article 25(4) of the ICSID Convention. Was the notification submitted before or after 1 February 2021?


Violation of Article VII BIT/Req. No: 25 Compensation
Was any kind of compensation provided to Astracommex after the suspension of its satellite communication in celestria?


Violation of Article VII BIT/Req. No: 28 Non-discriminative measures
It is not expressly presented in the case bundle whether the Respondent and its affiliated agency have taken the same or similar regulatory measures to domestic or overseas investors other than the Claimant. Please note whether such information can be provided.


Violation of Article VII BIT/Req. No: 29 Definition of fundamental attributes of property in its investment
What is the meaning and scope of fundamental attributes of property in its investment under Article VII of the BIT (Page 88, Line 2225)? Is this synonymous to elements of an investment such as investability, risk and return, etc.?


Violation of Article VII BIT/Req. No: 31 VII
Does the Claimant have contracts with other territories through which they continue to provide services with the Astra System?


Violation of Article VII BIT/Req. No: 32 VII
Are the parties considered to be within year four of the RDF Agreement program?


Violation of Article VII BIT/Req. No: 33 VII
What was Astracommex’s procedure in estimating the cost of repositioning its satellites below 350 km?


Violation of Article VII BIT/Req. No: 36 alternative launching sites
Are the “alternative launching sites” in paragraph 22. of Statement of Uncontested Facts within Celestria's sovereign jurisdiction?


Violation of Article VII BIT/Req. No: 46 Authority of the DoD
What is the specific power and authority of the Department of Defense to order the suspension of Astracommex?


Violation of Article VII BIT/Req. No: 52 The status of the entities
Is the status of the Celestrian Space Agency, the NFA, the RDA and the DoD defined in the Respondent's domestic law?


Violation of Article VII BIT/Req. No: 53 Space Surveillance Network's working status
Did the Space Surveillance Network(“SSN”) under the collision avoidance system work when the collision happened?


Violation of Article VII BIT/Req. No: 62 1. Payments to awardee companies post-disaster
Did the other awardee companies continue to get paid after the natural disasters?


Violation of Article VII BIT/Req. No: 63 2. Capacity in which the agencies acted
Were the NFA and RDA acting as an agency or as a party to the contract when the measures were taken?


Violation of Article VII BIT/Req. No: 64 3. Revised plan for the execution of the Contract
Was the revised plan (SUF ¶22) made unilaterally by Astracommex Regional or did it have the approval of Celestria?


Violation of Article VII BIT/Req. No: 66 5. Astracommex internet services in Nebulan
Does Astracommex continue to provide internet services in Nebula?


Violation of Article VII BIT/Req. No: 73 Article VII(1) BIT
⁠Should Article VII(1) really say "through measure tantamount to..." or should it be instead "through measures tantamount to"?


Violation of Article VII BIT/Req. No: 83 Incident on Valinor's Side
After the collision between AS100 and Cubesat, did Valinor face any investigation or suspension?


Violation of Article VII BIT/Req. No: 92 NFA's criteria(s) for penalising
Is there a specific criteria to be followed by NFA when penalising a party for a collision?


Violation of Article VII BIT/Req. No: 106 “Launching site and launching vehicle used”
Page 7, line 60 reads “Since then, the Claimant has been conscientiously developing and installing the Astra satellites as well as the ground stations on the territory of the Respondent. Additionally, on page 13 line 256 states that the Astracommex Group announced a strategic agreement with the Cosmosis Space Agency to secure 30 Cosmo-9 launch vehicles further fortifying its deployment schedule. As is clear from para 5 on page 8, the Claimant’s satellites were launched from Cosmosis before the diplomatic relationship between the Respondent and Cosmosis broke. Although the Moot case clarifies on page 79, para 2 that Astracommex found alternate launching sites, it is however unclear whether the Cosmo-9 are still being used at the alternate launching sites and if such sites are located in Celestria itself. Is Cosmo-9 still the launching vehicle for the satellites and where are these satellites being launched from?


Violation of Article VII BIT/Req. No: 111 Purpose of the Ku-Band Frequencies
Why does Astracommex Regional apply for a Ku-Band Frequency? Is the Ku-Band Frequency necessary for the reposition of the orbit or is that simply for further operation and implemetation of the Claimant's proposal?


Violation of Article VII BIT/Req. No: 112 Application of Respondent's laws
Was the interpretation of NEPA, which allowed for its retroactive application, used against the Claimant only or were other companies/entities affected by the retroactive application as well?


Violation of Article VII BIT/Req. No: 113 Application of Respondent's Laws
Was only Astracommex's operations suspended till the investigation by the Dod was concluded? Or was Valinor affected too?


Violation of Article VII BIT/Req. No: 114 Information about Astracommex's operations
What was the total valuation of the Respondent's project in Celestria?


Violation of Article VII BIT/Req. No: 118 Revenue
Did Asreommex, after its suspension, earn any revenue from the existing satellites, within or outside of Celesteia terrietory?


Violation of Article VII BIT/Req. No: 119 Reasoned order
Whether Department of Defense and NFA pass a written and reasoned order against Astracommex after the collision, and if yes, when?


Violation of Article VII BIT/Req. No: 121 Reasoning by Supreme Court of rejection to Claimant's lawsuit
Why did the Supreme Court reject Astracommex's lawsuit?


Violation of Article VII BIT/Req. No: 124 Claimant's argument to ask reconsideration to Respondent regarding DoD Order II
What are the arguments that Claimant brought up in the objection to DoD Order II?


Violation of Article VII BIT/Req. No: 128 Interpretation of Article IV NEPA
What does the Claimant refer to in §12 of the Request for Arbitration (p.7) when it speaks of ‘broad interpretation of "future agency actions" contained in agency actions" under Art. IV NEPA, e.g., court decisions, agencies’agencies' practice, scholarly writings?


Violation of Article VII BIT/Req. No: 136 Relationship between Valinor and DoD
It is stated that the DoD is sponsoring the Valinor Cubesat (p. 8 para 15). The remaining parts of the Problem refer to the relationship between Valinor and DoD as a “partnership”. Is the role of DoD limited to sponsorship or does it have any role in decisions on the operations of Valinor ?


Violation of Article VII BIT/Req. No: 137 Extent of restrictions imposed
It is stated that uplink downlink communications have been suspended, pending the implementation of mitigating measures by the Claimant (p. 81). Further, it is stated that radio-silence zones have been designated. Does lifting of operational restrictions (on implementation of mitigating measures) refer only to the restrictions on uplink and downlink communications or the radio silence zones also?


Violation of Article VII BIT/Req. No: 138 NEP scope of application
Art. 2 of National Environmental Policy Act: Has the jurisprudence developed the boundaries of the scope of application of this act, considering the vague description in the given provision?


Violation of Article VII BIT/Req. No: 140 Working of Claimant's Satellites
Whether Astracommex Regional’s satellites are being used to provide telecommunication services to territories outside Celestia (Nebuland) when the request for arbitration is instituted?


Violation of Article VII BIT/Req. No: 141 enforceability of NEP decision
Art. 7 of National Environmental Policy Act: Is the decision rendered in line with the act still binding and enforceable when an appeal process is pending (under Celestria administrative law)?


Violation of Article VII BIT/Req. No: 143 solar flare as an unexpected occurrence
Ex. C-6, paragraph 454: Was the solar flare an extremely unexpected occurrence, or could it have been reasonably foreseen?


Violation of Article VII BIT/Req. No: 152 RDF
[Uncontested Facts, p. 77, para. 12] Are there any signs of impediment detected regarding the operation of other awardees of the Rural Digitalization Fund (RDF)? Are there any restrictions imposed against the other awardees?


Violation of Article VII BIT/Req. No: 153 NEA Due Process
[Exhibit C-5, p. 22, Article IV] In addition to what is stipulated in the National Environmental Act about “due process”, what do the Celestrian laws (i.e., the constitution or administrative law) say about “due process”?


Violation of Article VII BIT/Req. No: 154 National Security Act Enacment Date
Were the portions of the National Security Act governing space activities enacted before or after the RDF Agreement was signed between the National Frequency Agency (NFA), the Rural Development Agency (RDA), and Astracommex Regional?


Violation of Article VII BIT/Req. No: 155 Number of satellites
199 satellites were indicated in Claimant's exhibit on page 28, but 3,500 were planned by this point (p.15). Is this how it should be or is it a typo?


Violation of Article VII BIT/Req. No: 163 Article VI of NEPA
Whether Article VI "Forms of Agency Decision" of NEPA is a procedural provision?


Round 20242

Jurisdiction ratione temporis/Req. No: 177 VCLT Ratification
Do BIT contracting parties ratify VCLT?


Jurisdiction ratione temporis/Req. No: 176 Negotiation Prior BIT
What had Parties negotiated about before they concluded the BIT?


Other Factual Matters/Req. No: 167 VCLT Ratification
- In the response to the request for arbitration, Page 31 paragraph 6 provides that “the Tribunal should apply general international law and notably Article 28 of the VCLT”, have The Republic of Celestria and the Kingdom of Nebuland ratified the VCLT?


Other Factual Matters/Req. No: 169 Astracommex’s selection
- What are the guidelines and criteria that were used to select Astracommex during the bidding process for the Rural Digitalization Fund (RDF)? Specifically, what are the evaluation parameters, selection procedures, and any competitive factors that led to Astracommex being chosen over other potential bidders?


Other Factual Matters/Req. No: 171 The RDF agreement:
- Does the agreement enable Astracommex to adjust the orbital path of the satellites?


Other Factual Matters/Req. No: 172 DoD’s decision
What was the rationale behind the DoD’s decision to reposition Astracommex’s satellites?


Other Factual Matters/Req. No: 180 Court's Decision
What is a summary of the key points from the Supreme Court of Celestria's decision regarding the rejected claims?


Violation of Article VII BIT/Req. No: 170 DoD’s adjustments
- In page 83, paragraph 41 of the uncontested facts provides that “the DoD issued a directive to Astracommex, mandating the repositioning of all its satellites from their current 400km altitude orbits to new orbits below 350 kilometers”, Have the DoD informed the RDA and NFA about the decision to make the orbital adjustments?


Violation of Article VII BIT/Req. No: 178 Discrimination
Are there foreign and domestic internet service providers or of the same industry or of different industry sectors that were also subjected to re-evaluate and to provide the environmental impact assessment?


Violation of Article VII BIT/Req. No: 179 Previous Collision Incident
Have there been any documented incidents of satellite collisions in Celestria's space domain prior to this event?