Foreign Direct Investment International Arbitration Moot


Clarification Requests 2022

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 20221

Req. No: 5 Mr. Eilert Flyen
What is the leading role of Mr. Eilert Flyen in the militia?

Req. No: 78 Paragraph 41 (Uncontested facts) Armed Militia
In para 41, what does armed militia refers to as supporters of the cannabis act and were the supporters of the Claimant involved in armed conflict?

Req. No: 79 Soldiers razing buildings
Were the buildings razed by the military on the outskirts of Freya? Whether they belong to Claimant?

Req. No: 81 Rights of shareholders
Whether Donald and Daisy are promoters/directors, voting shares of Donald and Daisy and other minority shareholders?

Req. No: 82 Page 62, para 37
In what way the Sutton Plant was acting as the catalyst for civil war, which consequentially led to the destruction of its own plants?

Req. No: 83 Clarification as to clarity of words
Different words have been used in a similar context whether financial districts and commercial centres are the same?

Req. No: 2 BIT
Among 14 BIT between Rehika and other states, did any of it require Exhaustion of local Remedies condition?

Req. No: 3 investors
what Mr. Rokari mean by "third party innocent investors" at page 16 ?

Req. No: 4 Cannabin plants
Did any investors who owned cannabis plants other than Claimant, initiated arbitration proceedings against Rhekia or take any legal action?

Req. No: 6 Investments
Did any investment other than cannabis plants get damaged or destroyed in this civil war?

Req. No: 7 Investigation
Is there any official statements made by Rhekian Government officials, which link militias with Sutton investment or other cannabis investor?

Req. No: 68 Consent from Sutton
Did Sutton give Daisy and Donald permission to take the case to the ICSID Tribunal?

Req. No: 69 Rhekia's Priority
Did Rhekia stop serving matters other than criminal ones, or did they just prioritize criminal matters while continuing to serve non-criminal law matters, even though they are not the priority?

Req. No: 70 Other Investments
Based on Respondent Exhibit R1, it is stated that they have a number of high priority areas to protect including financial districts, are there any foreign investments located inside those financial districts?

Req. No: 71 Discussion Regarding the War Loss
Did Rhekia initiate any consultation or negotiations with Sutton Holdings regarding the matter of destruction of the investments?

Req. No: 72 Phrasing in Article XIII
What is the response from Athabasca representatives to the phrasing in Article XIII of the Athabasca-Rhekia BIT?

Req. No: 73 Compensation
Are the investments of Canabliss or any other investor destroyed in civil war. If yes, Have they claimed any compensation and on what basis has the respondent stated has rejected the compensation of Canabliss or any other investors?

Req. No: 74 Donald & Daisy - Award
Whether the case of Daisy and Donald was heard by the tribunal on merits for substantive as well as the procedural issues and has there been any annulment proceedings initiated against the award passed?

Req. No: 75 BIT Interpretation
Whether the condition for 6-month written notice under Article XII (4) a mandatory condition to the consent to arbitration?

Req. No: 76 Judicial System
What is the present situation of the judicial system in Rhekia – what is the average time for the disposal of cases? (Precisely situation post-2017)

Req. No: 77 Local remedies
5. What factors other than the dysfunctional status of Rhekian Courts prompted the Claimant to refrain from submitting the dispute to any local judicial bodies of Rhekia?

Req. No: 48 Factors surrounding military defections
Is it evident that some Rhekian military units have defected to rebel groups in exchange for money?

Req. No: 148 Damages to Odin
Did the Rhekian military occupy Odin before it was destroyed?

Req. No: 149 Deployment of government troops
When did Rhekia deploy troops to the region where anti-government protests occurred prior to the civil war?

Req. No: 150 The issue of moral damages
What reasons led those who participated in Sutton’s fresh equity offer to undersubscribe it ?

Req. No: 151 The level of backlog - Procedural issue
What was the level of backlog of cases before the local courts of Rhekia on the 28th of June 2021?

Req. No: 152 Negotiation of the Athabasca-Rhekia BIT
Were the English and Rhekian versions of Article XIII of the BIT further negotiated after the departure of Mr Bunkan Bagels?

Req. No: 9 VCLT
Have both parties signed the VCLT?

Req. No: 10 BIT
Have both parties signed on to the Rhekia Version of BIT?

Req. No: 11 Plant
The [918, para.2] mentions "a cannabis plant", but the shareholders owned both two plants. So is this a mistake or not? The same question also appears in [100, para.3].

Req. No: 121 Sutton Holding's Articles of Incorporation
Please further supplement Sutton Holding's Articles of Incorporation in the decision-making section or further disclose the relevant facts regarding the operation of Sutton Holding or Sutton Investment by the Shareholders (Daisy and Donald).

Req. No: 122 The nature and purpose of militia groups
Please clarify the nature of the militia and what it claims to have sought in the course of the riots, and further add further evidence that could indicate the reasons for the clashes between the militia and the Rhekia soldiers.

Req. No: 123 The global business situation of Sutton Holding
How was the global business situation of Sutton Holding at the time Daisy and Donald initiated the first arbitration? Is there any spontaneous boycott of Sutton Holding in other countries?

Req. No: 124 SHARE's damages in the present case
In line 106 of the Records, there is a reference to SHARE's damages but no further evidence of such damages is mentioned in the Claimant's Request for Arbitration. Please add or clarify the relevant evidence of this damage.

Req. No: 126 Attack/protection toward Freya on 23 June 2016
The facts in lines 2011 through 2012 indicate that Freya and Odin were ransacked on the 23 and 27 of June 2016 respectively, but only the fact that Freya was damaged on August 27, 2016 (not June 23, 2016) is mentioned in line 2052. Please supplement the relevant facts about how the Rhekian government protected Freya when it was ransacked on June 23, 2016 (or whether the Rhekian government protected Freya at that time).

Req. No: 18 COST ISSUE
Whether, or not, the written phase and oral rounds are confined to the main stage's issues of the hearing, mentioned on page 39 of the record? Whether, or not, the claim concerning the allocation of costs and expenses ought to be invoked during the competition?

Req. No: 19 Freya or Odin ?!
At the beginning of line 2045, page 63 of the case at hand, the name "Odin" is apparently used incorrectly instead of "Freya"! Whether, or not, it should be replaced by "Freya"?

Req. No: 144 Arising of the dispute
In Article XIII (6) of the BIT, do the parties mean the date of arising the dispute between them?

Req. No: 42 Injury to employees
Was there any physical harm or mental distress suffered by the employees of Claimant working at the plants?

Req. No: 44 Claimant's lost opportunities
What were the boycotts and the lost opportunities of Claimant or, if any, other negative consequences it had to deal with?

Req. No: 45 Explosion of Claimant's plants
What Claimant’s plant was exploded by Rhekian authorities?

Req. No: 46 Destruction of Odin
Had Odin already been destroyed by the time when Rhekian soldiers came close to it?

Req. No: 47 Fight for Odin
How long did the fight for Odin last?

Req. No: 115 Donald & Daisy Compensation
Does the Donald & Daisy’s award request of compensation only for their losses of shares in Sutton Holdings or the whole asset of Sutton Investment?

Req. No: 116 Special Court
Are there any reasons why the litigation of Donald and Daisy in the local court is special and expedited?

Req. No: 119 Punishment & Investigation Explanation
Has the government of Rhekia punished the armed militia and how was the result also any further explanation about the investigation process?

Req. No: 120 Judicial Review Result
How was the result of the judicial review, is it unconstitutional?

Req. No: 125 Uncontested Facts
Did Donald-Daisy have a contribution on testifying for the uncontested facts?

Req. No: 84 Language versions of BIT
Do Rhekian and English versions of the BIT differ only in the wording of Article XIII(b)(ii)?

Req. No: 85 Donald/Daisy links with Sutton Investments
Do Ms. Daisy and Mr. Donald have any corporate links with Sutton Investments (e.g., through membership in its management bodies or exercise of special powers over Sutton Investments by virtue of any agreement)?

Req. No: 86 Article VI of the BIT
Is Claimant basing its request for compensation (p. 7, line 259) only on the alleged violation of Article V of the Athabaska-Rhekia BIT or also on Article VI(1) and/or VI(2) of the Athabaska-Rhekia BIT?

Req. No: 88 Investigations against Claimant
Were there any investigations carried out against Claimant in Rhekia that it was notified about?

Req. No: 89 Connection between Donald and Daisy
What is the connection between Ms. Daisy and Mr. Donald (whether they control Sutton Holdings together or they are in the board of directors of Sutton Holdings, etc.)?

Req. No: 56 Communique
Did the Communique from Rhekia regarding Article XIII(2)(b)(ii) receive any response from the Athabascan government?

Req. No: 57 Special and Expedited Litigation Process
On page 66, paragraph 58, line 2154, why were Donald and Daisy given a ‘special and expedited litigation process’ in the Rhekian court?

Req. No: 58 Attack on Odin
On page 63, paragraph 39, line 2028, did the Rhekian government order the military to aid Odin within 48 hours of the attack, or did the Rhekian military arrive near Odin within 48 hours of the attack?

Req. No: 64 Investigation
Did Rhekia conduct investigations towards any other company in the cannabis industry?

Req. No: 67 Development of Investigation
What are the developments (status and results) of Respondent’s investigations that was commenced in 2017 regarding the alleged links between the Claimant and the militia?

Req. No: 22 The value of Sutton Investment’s fresh equity offer
How much is Sutton Investment’s attempted fresh equity offer for Braavos Bank?

Req. No: 23 The clarification of ruined Cannabis plant
which cannabis plant is ruined by the government. plz clarify every information about the cannabis plant.

Req. No: 24 Frequency of general elections in Rhekia
What's the frequency of general elections in Rhekia?

Req. No: 30 The adoption the Geneva convention
Whether Rhekia adopts the Geneva convention?

Req. No: 55 Efficiency of the previous litigation
When exactly did Donald and Daisy submit their claim to the High Court of Rhekia and when exactly did the High Court issue the final decision in 2016?

Req. No: 90 Legal Status of Rebels
Were the rebel militias granted the status of "belligerents" during the civil conflict?

Req. No: 91 Claimant's Request for Meeting With Mr. Rokari
What was the specific date that Claimant sought the appointment with Mr. Rokari?



Req. No: 49 Written notice of intention
Did Claimant deliver to Respondent written notice of its intention to submit a claim to arbitration?

Req. No: 50 Written consent
Has the parties reached a written consent to the dispute?

Req. No: 51 Athabasca and ICSID
Did Athabasca join the ICSID Convention?

Req. No: 52 Did Rhekian soldiers occupy Odin
In Claimant's request for arbitration, page 4, para. 15, did armed Rhekian soldiers really occupy entire facilities within Odin and use it as a garrison and fortifications for military defense?

Req. No: 25 Denial of the loan
Would the financial standing of Sutton Investments alone at the time of loan application to the State Bank of Braavos have been bad enough to warrant a denial of the loan?

Req. No: 26 denial of the loan
How much, if at all, was Sutton Investments’ financial standing further impacted by the denial of the loan by the State Bank of Braavos?

Req. No: 27 value of the plants
Do the USD 45,000,000 the Claimant requests for physical damages reflect the exact worth of Sutton Investments’ plants at the time of destruction?

Req. No: 28 negotiating history
Was the Rhekian Draft on the Google Drive during negotiations opened or edited between the end of the fifth round of negotiations and the signing of the Rhekian-Athabasca BIT?

Req. No: 29 Awareness of different wording of the two BIT-versions
Was the language of Art. XIII of the Rhekian-Athabasca BIT discussed at all by the negotiators, formally or informally, between the end of the fifth round of negotiations and the signing of the BIT?

Req. No: 32 results of previous dispute settlement
Please clarify that whether or not there is an overview regarding the consequences of previous foreign investors’ dispute settlements, like domestic litigation or arbitration proceeding against Rhekian government?

Req. No: 33 notice
Please clarify that whether or not Rhekia has made a notice to Sutton Holding before they destroyed all buildings capable of agricultural production before they departed.

Req. No: 34 Freya
Please clarify: As specified in page.63 of the problem, the first sentence of para.42, is the second“Freya”at the beginning of line 2044 a typo? Because this sentence seems to suggest that Freya is located in Freya. Or the "Freya" in line 2044 is not the plant of Sutton but rather a city of Rhekia?

Req. No: 35 reflective shareholder losses
Please further clarify: Among 14 BITs between Rhekia and other states, did they all cover the remedy for reflective shareholder losses, in particular in those Rhekian versions?

Req. No: 133 Relief in the Daisy & Donald v. Rhekia
What was the relief sought by the claimants in the Daisy & Donald v. Rhekia case?

Req. No: 135 Notice of the Claimant's intention to submit the claim to arbitration
Has Sutton Holdings notified the Respondent of its intention to submit a claim to arbitration six months before submitting its claim pursuant to Article 12(4) of the Athabasca-Rhekia BIT?

Req. No: 136 Relief
What was the relief sought by the claimants in the Daisy & Donald v. Rhekia case?

Req. No: 137 Annulment
Was an application for annulment of the Daisy & Donald v. Rhekia award submitted?

Req. No: 138 Claimant's role in the D&D proceedings
Did Sutton Holdings participate in the previous proceedings on the Daisy & Donald v. Rhekia case? Did it try to join as a party?

Req. No: 12 Donald & Daisy's claim
See case study, P.66, Para.59. Donald & Daisy claimed that there was a breach of Article VIII of the BIT. But ARTICLE VIII of the BIT is about Transfers, while ARTICLE VII contains Expropriation and Compensation. Is it a typo?

Req. No: 65 Newspaper
Among The Rhekia Daily,The Viking Podcast,The Rhekian Observer, The Daily Viking and any other newspaper mentioned in FDI MOOT CASE, is there any of these newspapers state-owned? If so, which one is?

Req. No: 66 Lucy the Rhekia
What is the identity of ‘Lucy the Rhekia’ mentioned in CLAIMANT’S EXHIBIT C6 ?

Req. No: 128 Article 13 of BIT
Did Sutton Holding bring the case to the tribunal based on Article 13?

Req. No: 127 Law of War and Armed Conflict
Are Athabasca and Rhekia contracting parties to Law of War and Armed Conflict, including The Geneva Conventions System and The Hague Conventions System?

Req. No: 99 Requisition
Did the Rhekian government issue any official document ordering the requisition of the facility at Odin before the soldiers of Rhekia occupied it?

Req. No: 100 Actions against Claimant
Apart from the statements included in Exhibits C5, C6 and C7, are there any official statements or reports in relation to the impending action against the Claimant by the Respondent, or its agencies?

Req. No: 101 Rhekia’s BITs
Has the Rhekian government incorporated the same dispute resolution and covered investment clauses in other BITs?

Req. No: 102 BIT drafting process
Page 43, paragraph 7 mentions that the negotiators were working on a shared and secured document over an online platform, what are the contents of that document?

Req. No: 104 Factual clarification
Page 63, paragraph 42, second sentence mentions that “Odin was located...”, is this a typographical error and the reference should be to Freya instead?

Req. No: 103 Rhekia's index
What is Rhekia’s Human Development Index and Gross Domestic Product?

Req. No: 105 Rhekia's response to the militias
How many military units Rhekia sent to fight the militias on Odin and how many soldiers form one military unit?

Req. No: 106 Other foreign investors in Rhekia
What is the cannabis market share of each foreign investor in the cannabis business in Rhekia?

Req. No: 107 Exhibit C6
Did “Lucy the Rhekian” (Claimant’s Exhibit C6) acquired possession of the government internal memos by legal means?

Req. No: 108 Shareholders of Sutton Holdings
How many shareholders are there in Sutton Holdings and what is their respective share of the company?

Req. No: 141 ELR
Between 2017-2021, the claimant has yet to initiate any claim. what did the claimant do for 4 years?

Req. No: 142 FPS
Is Odin and Freya a big population center before Sutton's entry and is it affected by the protests before the civil war?

Req. No: 143 FPS
Does other facilities owned by other companies are destroyed during the civil war and at what sector the company is?

Req. No: 145 Compensation for Moral Damages
Is there any other sources or evidence acknowledging Sutton Investments funding militia groups?

Req. No: 147 Military Retreat
Referring to 1980, para 33, Why was the military forced to retreat by the Justice and Tradition Party?

Req. No: 59 Date of Promulgation of the Cannabis Act
Can we assume that the date given in the opinion of Rhekian Citizens' Action for Rights and Freedom concerning the passing of the Cannabis Act, March 2010 (C3, page 13, line 412), and only this date, is incorrect, since according to the printed Act itself, the date of promulgation is September 17th 2010 (C1, page 8, line 293)?

Req. No: 60 Valuation date of Sutton Holdings shares
On which exact date have the shares of Sutton Holdings been valued to be 0.32 USD (line 946, line 2148), i.e. before or after the attacks on Odin and/or on Freya?

Req. No: 61 History of proceedings
Since the local proceedings in Rhekia were initiated by Donald and Daisy at the beginning of 2016 (line 2150) and were finalized in December 2016 (line 2152): Have Donald and Daisy addressed the destruction of Odin and/or Freya in their local proceedings in Rhekia?

Req. No: 62 Odin's/Freya's Explosion
In the Statement of uncontested facts it's claimed that Freya has been blown up by Rhekian military (line 2064) before the troops departed; Sutton Holdings claims in their request for arbitration that these events took place at Odin (line 174). Are we correct in concluding from these discrepancies that the names of the plants have accidentally been mixed up in the Claimant's request for arbitration and the paragraph describing "complete obliteration" (lines 170/171) therefore actually refers to Freya, not Odin?

Req. No: 63 ICSID membership Athabasca
Is Athabasca a member of the ICSID Convention?

Req. No: 36 Statement from the Rhekia
On Page 29, paragraph 8, line 846, we are wondering if one of prominent persons in the cannabis industry, Mr.Huge Highmountain and Mr. Budd Hogg is from Sutton Investment.

Req. No: 37 Location
On page 63, paragraph 42,line 2046, the first sentence ‘ Freya(1), Sutton’s second plant, located in a somewhat isolated location far to the west in Freya(2), also consisted of .......’ , we are wondering if the Freya(2) was wrongly printed. Because the ‘Freya’ could not be in the location of ‘far to the west of Freya’, according to the map in Page 56.

Req. No: 38 Location2
On Page 63, paragraph 42, line 2046, the second sentence ‘ Odin was located in an area.....’, we are wondering if the region mentioned here should be Freya according to context.

Req. No: 39 Rhekia's military
On Page 63, paragraph 39, line 2028, we are wondering if the last sentence ‘ Rhekia’s military moved north towards Odin from Stockhagen’ is a duplication of the second sentence of the paragraph or has other meaning that Rhekia's military continued to move to Odin after Odin had been damaged.

Req. No: 40 Number
On Page 59, paragraph 19, line 1878, we are wondering if the decimal points in those numbers representing land areas should be changed into comma, because it is impossible to cultivate in such a small place.

Req. No: 20 The armed
In p.61 para. 27, it mentions that "some armed personnel ", I am wondering whether the "armed personnel" refer to the Rhekian troops or the rebels.

Req. No: 92 Previous communications
Have Sutton Holdings and Daisy and Donald had some type of communications before the submit of arbitration (e.g. negotiation strategies, discussing claims, among others)

Req. No: 93 BIT Versions
Is there any additional difference between the clauses of the Rhekian version of the BIT and the english version (e.g. definition of investor/investment, damages, among others).

Req. No: 94 MFN exhaust local remedies
Are there any other bilateral treaties with Rhekia where there was any requirement to exhaust local remedies?

Req. No: 95 Protection
Did Rhekia provide assistance/protected any other investor during the civil war?

Req. No: 96 Physical damage
Was any of Sutton’s personnel physically damaged?

Req. No: 129 Clarifying Fact
Did any acts of violence take place as a result to issuing the act that permits the industry of cannabis?

Req. No: 130 War timeline
When did the civil war officially start and when did it end?

Req. No: 131 Facts about Sutton Holding
In which date was Sutton holdings established?

Req. No: 132 Clarifying facts
What are the outcomes of the investigation conducted by the Rhekian government on the alleged links between claimant and the militia that began the civil war?

Req. No: 134 Facts about Rhekian Respublic
What was the more detailed context for the minster discharge ?

Req. No: 109 Sutton Holdings' personnel
Was any personnel of Sutton Holdings’ affected (physically, psychologically or economically) due to the attacks of both plants?

Req. No: 110 Attacks of the Plants
Where were the rest of Rhekia’s military troops during the attacks aimed at Sutton Holdings’ plants? By any means were there any military basis nearby the places where the attacks ocurred, specially regarding Freya’s plant?

Req. No: 111 Other Rhekian BITs
In any other of the 14 BITs entered by the Republic of Rhekia with other countries, were there different parameters or obligations established by the FPS clause and the War Clauses, or was there a different period of time stipulated as the limit to submit an arbitration dispute, in comparison to Article XIII (6) BIT?

Req. No: 112 Daisy and Donald
Did Daisy and Donald deliberate with the others shareholders before or about initiating their arbitration proceeding, and was the decision to initiate this arbitration approved by shareholders other than Daisy and Donald?

Req. No: 113 Other cannabis investments
Was any other cannabis investment affected, phisically or economically, by the civil war, and how did those specific investments recover after the end of the civil conflict with the measures taken by Rhekia’s government?

Round 20222

Req. No: 170 Rhekia's Preventive Measures
After the radical change in its government and domestic policy, did Rhekia take any specific measures to maintain and protect the stability of foreign investments in the country?

Req. No: 171 Confidentiality of the Records
Why are the records of meetings and attendance during the consultation between Rhekian Government and the investors in July 2016 held highly confidential (on what basis)?

Req. No: 172 Rhekia's Cannabis Act
Has Rhekian Government deliberately ignored/neglected the contrast between the culture, mores and value of Rhekia and the legalization of Cannabis Act?

Req. No: 168 Amicus Curiae
Does the Athabaska-Rhekia BIT permit Amicus Curiae submissions?

Req. No: 169 Amount of monetary damages claimed by Donald&Daisy
How much was sought in compensation in the lost claim by Donald & Daisy?

Req. No: 153 National Treatment
What was the extent of the damages, and the measures taken by Rhekia to protect cannabis cultivation sites owned by other Rhekian investors? Specifically, what are the damages to Mr. Hugh Highmountain and Mr. Budd Hogg’s investment?

Req. No: 154 National Treatment
Why was Sutton, the largest initial investor in the cannabis industry in Rhekia, not invited to the consultation session on 1 July 2016 with Mr. Hugh Highmountain and Mr. Budd Hogg?

Req. No: 155 National Treatment
What was the amount invested by Mr. Hugh Highmountain and Mr. Budd Hogg into the cannabis industry?

Req. No: 156 Minimum Standard of Treatment
Why did the Rhekian Government take 48 hours to deploy the military to Odin after several requests made by the CEO of Sutton?

Req. No: 167 Emergency
Whether Rhekia Declared an emergency?

Req. No: 166 Local Investors
Were there local investors (Rhekian citizen businesses) awarded with damages resulting from the civil war?

Req. No: 160 Rhekian Armed Forces
¿How are de Rhekian Armed Forces structured?

Req. No: 162 State Bank Braavos loan
Considering that Sutton Holdings claim moral damages since the State Bank Braavos denied the loan (P.24 Request for Arbitration): ¿Which was the main reason alleged by the Bank to denied this loan?

Req. No: 163 Damages
¿How much would it cost to reconstruct Odin and Freia for them to function again?

Req. No: 164 Aid support
Paragraph 6 of the Answer to the Request for Arbitration states that "Rhekia has continuously provided and channeled its resources and aid support of investors during there trying times", could you please describe what are those resources and aid support?

Req. No: 165 Responsibility
2. In the Uncontested Facts, para. 44, says, "The Rhekian soldiers were ordered to destroy all buildings capable of agricultural production before they departed, which they did." Who made this order?

Who were the shareholders in the Sutton Holdings other than Donald & Daisy?

Req. No: 159 Rebel Groups
Does the "opposite groups of protestors" at para 1944 are interchangeably the armed militia groups?