Foreign Direct Investment International Arbitration Moot


Clarification Requests 2021

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 20211

Req. No: 4 Indentifiying the status of Claimant
Did Vemma Holdings Inc. have the status of state-owned enterprise when Claimant submitted a claim to arbitration under Chapter 9 of CEPTA?

Req. No: 29 relative geographical positions
How about the relative geographical positions of Bonooru, Mekar, and Arrakis?

Req. No: 30 Difference between two positions
What is the difference between the positions of Secretary of Transport and Tourism (para. 22, p. 31) and Minister of Transportation and Tourism (para. 28, p. 32)?

Req. No: 33 Context of the quantum methods
Why did Parties of CEPTA choose the different standards of quantum (FMV, MV) for expropriation and other wrongful acts?

Req. No: 35 Sabrina Blue's role
What has the role of Ms. Sabrina Blue in Vemma been before and after her appointment of secretary?

Req. No: 70 Date of Institution of Proceedings
What is the date of institution of proceedings (under ICSID additional facility Rules) by Vemma?

Req. No: 71 "Investor of a Party"
Is the term "investor of a Party" used in CEPTA (eg. Article 9.16 (1) ) inclusive of the Party as provided in the definition of investor?

Req. No: 72 Interim Decision by Justoce VanDuzer
The decision by Justice VanDuzer is termed as an "interim decision" but it quashes the appeal leaving no higher appeal, is this Mekar's procedural law?

Req. No: 73 Compensation to Arrakis investor
Have measures been adopted to provide compensation to an Arrakis investor pursuant to Article 13 of the Arrakis- Mekar BIT?

Req. No: 74 Appeal to CCM Reports
Were there any orders delivered by the Mekari Courts for the May 2020 hearings, before the withdrawal of the appeal?

Req. No: 143 Antitrust
In which relevant product market did Caeli enjoy a 43% market share?

Req. No: 144 Antitrust
How can Caeli's exclusionary strategy (referred to in line 1283, para 49) not help it gain new customers? Could you please clarify this material contradiction?

Req. No: 146 Antitrust
Did Caeli's competitors provide any incentives similar to those of Caeli's to their customers?

Req. No: 147 Antitrust
What was the market share of Caeli Airways right before its privatisation?

Req. No: 155 Bonooru's Positive Obligation under Article 70
Does Clause (2) of Article 70 of the Constitution of Bonooru also place a positive obligation on Bonooru to ensure travel of Bonooru’s citizens outside its territory?

Req. No: 9 Amici funding
Have the amicus petitioners (CBFI/CPUR External Advisors) received any financial or political assistance from the (i) disputing parties, (ii) Lapras Legal Capital, and/or (iii) the government of Bonooru, such as funding representing 10% of the petitioners overall operations budget?

Req. No: 10 Compensation to investors from Arrakis
Have investors from Arrakis received any kind of compensation from the government of Mekar for allegations under the Arrakis-Mekar BIT?

Req. No: 11 Legislation on corruption and bribery in Mekar
Has Mekar (i) enacted any legislation against corruption and bribery (e.g. Corruption Act), or (ii) signed any international instrument against corruption and bribery (e.g. the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions or the 2005 UN Convention against Corruption)?

Req. No: 15 Arrakis BIT
Is there a specific clause on compensation for violation of Fair and Equitable Treatment in Arrakis BIT?

Req. No: 16 Executive Order 9-2018 and Larry Air's
What were Mekar’s Secretary of Civil Aviation’s grounds to formally deny Larry Air’s application for the subsidies under Executive Order 9-2018?

Req. No: 55 the target enterprise of the Mekari 2018-Executive Order
What types of enterprises, in respect of their nationality or ownership, are actually subsidized by Mekar through the 2018-Executive Order?

Req. No: 56 Appeal against the judgment in 23 August 2020
Does Vemma have any opportunity to appeal the judgment concerning the execution of the SCC arbitral award under Mekari law?

Req. No: 58 the Vemma's role in Horizon 2020 Scheme
Has Vemma play a specific role in the Horizon 2020 Scheme in pursuit of certain object or purpose?

Req. No: 59 Administrative remedy against CCM
Is there any administrative remedy against the CCM’s commence of investigation of Caeli Airways?

Req. No: 60 the acquisition price of Caeli Airways
What was the price of vemma's acquisition of Caeli Airways back in 2011?

Req. No: 102 Decree F-0056 and amendments
Is Decree F-0056 with its amendments (Statement of uncontested facts, para. 16) still in force?

Req. No: 103 Low- price airlines in Mekar
If Tui Airways, Airasia X and WestJet (Notice of Arbitration, para. 10) -or any other airline with such pricing strategy- were in operation in Mekar before 2016 (Mekar’s MON currency crisis), are they still in operation today?

Req. No: 104 Boeings 737 MAX in airlines’ fleets
Which percentage of the aircraft fleet of each airline operating in Mekar as of 29 October 2018 was composed of Boeing 737 MAX aircrafts?

Req. No: 105 CBFI Members benefits
Which benefits, services or assistance are provided by the CBFI to its members?

Req. No: 113 The impact of economic crisis in Mekar
As of 2017, what was the impact of the existing economic crisis in Mekar -reflected on prodution, income, expenditure, sovereign credit rating, inflation or any additional element- measured either by official or independent sources?

Req. No: 2 Conversion rates
What is the conversion rate of MON and BAK to USD?

Req. No: 3 ARSIWA
Are Mekar and Bonooru parties to ARSIWA?

Req. No: 1 Request clarification about “2014 BONOORU-MEKAR CEPTA”
According to page 73, line 2589 of the case, it shows that in the 2014 CEPTA signed by BONOORU and MEKAR, saying investor can be a party. Is the definition here a typo?

Req. No: 119 Evidence
Is there any evidence that the subsidy may or has disadvantaged Caeli’s position?

Req. No: 120 Anti-trust
Is there any proof to indicate that Caeli has driven out any competitors off the market?

Req. No: 121 Paramilitary Actions
Based on the facts on the moot problem (pg. 40 para. 65) Bonooru possesses a paramilitary function that is associated with the Claimant. What kind of paramilitary function is exercised by Bonooru?

Req. No: 122 Regulatory Framework
Is there any written agreement or regulatory framework between Claimant and the Ministry of Transport of Bonooru regarding their relationship related to the provident of mobility rights for Bonooru citizens?

Req. No: 124 Revoking Air Caps
Does the CCM have the authority to revoke the caps and the sanctions that they put upon Caeli? And How does the procedural law regulate in relation to the revelation of caps or any sanctions that are inputted in the Monopoly and restrictive trade practice act?

Req. No: 156 Drafting history of CEPTA and 1994 Bonooru-Mekar BIT’s dispute resolution clause
What was the drafting history of CEPTA, and was the investor-State dispute settlement clause in the 1994 Bonooru-Mekar BIT, if any, relevant to this extent?

Req. No: 157 Ownership of JetGreen and Star Wings by Arrakis
Is Arrakis a significant stakeholder in the holding groups owning the airlines Star Wings and JetGreen?

Req. No: 158 The CCM’s Second Investigation - Caeli’s alleged dominant position
What market share do Caeli’s competitors have in the market defined by the CCM?

Req. No: 159 “Public interest” exception of MRTPA’s rules on state aid
What are the conditions to apply for the “public interest” exception of the MRTPA?

Req. No: 160 Mekar’s interference with the Central Bank
How did Mekar interfere with the Central Bank?

Req. No: 64 Date of Submission of Claim/Institution of Proceedings
On which date did the ICSID Secretariat receive and/or approve the request for arbitration under Article 2 Schedule C of the ICSID Additional Facility Rules?

Req. No: 81 Enforcement of annulled arbitral awards
Is it a general practice in Mekar to enforce arbitral awards which were set aside and which violate Mekari or transnational public policy?

Req. No: 82 Value of Caeli's stock
How the value of Caeli's stock had been changing during 2011 to 15.11.2020?

Req. No: 83 Dismissal of the appeal
What is the Mekari law provision that forbids further appeal? (line 1335)

Req. No: 84 CPRU's interest in arbitration
Will stagnation in anti-corruption efforts in Mekar obstruct the CPRU’s activities in investment banking?

Req. No: 85 Delegation of powers to Vemma
Did any public authority of Bonooru delegate its powers to Vemma (e.g. control of air space) before 2 March 2021?

Req. No: 65 CBFI Composition
What is the status of Lapras Legal Capital, SRB Infrastructure, Wiig Wealth Management Group within CBFI? Does any of the mentioned companies (or any person or company associated with them) have any influence on decision-making process of CBFI?

Req. No: 66 CBFI Financial or other assistance
CBFI disclosed that “No government, person or organization associated with Vemma or otherwise has provided financial or other assistance in the preparation of this document” (page 16 of the Moot Case). Did Lapras Legal Capital, SRB Infrastructure, Wiig Wealth Management Group (or any person or company associated with them) provide any financial or other assistance (e.g. participated in drafting) in preparing CBFI’s submission?

Req. No: 175 Bonooru's stake in Vemma
What was Bonooru's shareholding in Vemma from May 2020 until March 2021? (see SOUF 10 and 65)

Req. No: 37 Market Share
Is the evidence of preferential secondary slot-trading the only reason CCM considered Caeli's market share in conjunction with Royal Narnian?

Req. No: 42 Legislation on state enterprise in Mekar
What is the legislation of state enterprise in Mekar ?

Req. No: 43 Applicant‘s Appealing
Under Mekari law, can the court directly dismiss the merit of applicant’s appealing the judgment?

Req. No: 44 The Board of Directors of Vemma
To what extent, can the non-executive director nominated by Bonooru’s government affect the decision-making of the Board of Directors?

Req. No: 45 The Board of Directors of Vemma
Is there any additional director nominated by or related to Bonooru’s government ?

Req. No: 97 Confirmation of Monopoly Law
According to Chapter III(4) (Annex V), "the Tribunal (not the CCM) shall have [...]". Is "the Tribunal" identical to "the CCM". The wording "the Tribunal" appears some times.

Req. No: 99 the CCM and "Horizon 2020"
In para. 25 of Uncontested Facts, the CCM approved some packages proposed by Vemma. In such a list, "Horizon 2020" did not exist. However, according to para. 28, "Horizon 2020" was launched in 2011 when the above approval was made. So, our concern is that the CCM approved the investment project, including "Horizon 2020"?

Req. No: 100 Request for Code of Civil Procedure
Please, clarify the content of Code of Civil Procedure in Mekar. In particular, the rule and/or practices about rejection of "prima facie case on the merits".

Req. No: 101 the amount of compensation
The Claimant requests 700 million dollars as compensation. Is this amount separate from 400 million dollars which was paid in the transaction listed in para. 63 of facts?

Req. No: 36 Submitted Time
When did the Secretariat at the seat of the Centre receive Claimant's request?

Req. No: 48 procedural matters
Is there any other procedural matters about the case?

Req. No: 51 the standard of lifting the caps
Did the standard of lifting the caps change from Caeli Airways and its Moon Alliance member to just Caeli Airways itself?

Req. No: 52 the meaning of the corporation percentages index
According to page 29, paragraph 12 of the problem, what is the meaning of 30/100 to 36/100 on its corporation percentages index that the Transparency International scored?

Req. No: 53 The subject of tort
Is there any other party in addition to the Federal Republic of Mekar contributing to the failure of Claimant 's investment?

Req. No: 170 Business profiles
Can you please provide a business profile of Larry Air, JetGreen, and Star Wing, including their ownership, predominant destinations serviced, annual revenue and profits, and any relevant detail?

Req. No: 106 Valuation method for the acquisition of Caeli Airways by Mekari Airline
What was the valuation method adopted by Mekar in the acquisition of Caeli Airways for USD$400 million?

Req. No: 107 Arrakis Airline Companies
Do Arrakis’ airline companies (Star Wings and JetGreen) offer low cost services to the same customers as Caeli Airways? Are they members of the Moon Alliance?

Req. No: 108 Mekari owned airlines
Were any Mekari owned companies direct competitors to Caeli Airways? If so, were they also investigated by the CCM?

Req. No: 109 Corruption of the chaiperson of the CPUR
What evidence is there that Mr. Dorian Umbridge, the chairperson of the Committee on the Reform of Public Utilities, was bribed in order to influence the decision to grant rights over Caeli Airways to Vemma Holdings, and how was it obtained?

Req. No: 110 Distribution of board member appointment among Vemma shareholders
How is the appointment of members to the Board of Directors distributed among Vemma Holding's shareholders?

Req. No: 5 700-Million-USD compensation
How was the 700-Million-USD compensation calculated in the Claimant Prayer for Relief?

Req. No: 6 Subsidies
How much did Vemma exactly receive from the subsidies provided by Bonooru?

Req. No: 7 Biding Process
How can the Chairperson(Mr. Dorian Uxbridge) of the Committee influence the biding process?

Req. No: 12 Request clarification about "Corporation Percentages Index"
Transparency International only issues a index named "Corruption Perceptions Index (CPI) " to ranks the level of public corruption of countries, so is it a typo?

Req. No: 19 Request clarification about “initial price”(page 19, paragraph 3, line 629)
What “initial price” is and how it changes?

Req. No: 134 The meaning of “successor”
What does it mean by stating that Vemma is the successor of B.A. Holdings (like personnel connection)?

Req. No: 135 Market share of CBFI members
What's the share of 38 CBFI members in Bonooru investment market in total?

Req. No: 136 Specific living standard during economic crisis
Are there any specific facts about the Maker's people’s living standard under the economic crisis?For example: unemployment, etc. (not only the workers in Caeli Airline but the whole society )

Req. No: 137 The benefit of the airfare caps to mitigate the economic crisis
Has Maker's measure of setting airfare caps to the Caeli Airline mitigated any economic crisis in Mekar?

Req. No: 138 The nature of the CCM
Is the nature of CCM a national government agency or an independent agency?

Req. No: 125 Clarification of Article 9.7 of CEPTA
What’s the meaning of “thus cannot give rise to a breach of this Article, absent measures adopted or maintained by a Party pursuant to those obligations”?

Req. No: 126 Clarification of Article 9.7 of CEPTA
What’s the scope of “substantive obligation”?

Req. No: 169 Article 9.22 CEPTA

Req. No: 61 Should merits other than FET be argued?
Article 17 of Procedural Order No. 1 states that "the Claimant has agreed to limit its substantive claim to the alleged violation of Article 9.9 of the CEPTA". Does it mean that issues on merits, except the violation of FET, should not be argued in Skeleton brief nor oral hearing?

Req. No: 62 Is indirect expropriation not protected by CEPTA?
As to the explanation of "not protected", does it focus on the preamble regarding "directly" or on Article 9.12 as a whole?

Req. No: 90 Vemma's activity in Bonooru
What other activities does Vemma perform in Bonooru besides operating Royal Narnian?

Req. No: 91 Subsidies
Regarding the other foreign companies that received subsidies both from Mekar and their home jurisdictions (Star Wings and JetGreen), what amount did they receive?

Req. No: 92 Mekar's aviation market share
How is the remaining portion of Mekar's aviation market share constituted (including the existence of other alliances)?

Req. No: 93 Law applicable to the SHA
What is the law applicable to the Shareholder’s Agreement relating to Caeli Airways (Annex VI)?

Req. No: 96 "Preferential" secondary slot-trading
What is the basis for considering the secondary slot-trading between the Royal Narnian and Caeli Airways as “preferential”?

Req. No: 47 Ratione Legis
Does the term "ratione legis jurisdiction" refer to the ratione materiae, ratione personae, ratione loci and ratione temporis of the Tribunal?

Req. No: 49 Lapras Legal Capital
What is the degree of influence that Lapras Legal Capital is able to exert over CBFI?

Req. No: 150 Circumstances surrounding the CCM’s authorisation for infusion of state aid and suspension of fines
What were the circumstances surrounding the CCM’s authorisation for infusion of state aid and suspension of fines due to Caeli, particularly: (a) Which party made the request (e.g. Caeli, Mekar Airservices, or Mekar’s Ministry of Civil Aviation)? (b) Was such request publicly disclosed, and did any interested party (e.g. other airline companies or trade unions) lodge any formal objection or support? (c) What were the factual or policy explanations provided by CCM to justify invoking the ‘public interest’ exception under the MRTP rules on state aid? (d) Was the suspension of fine subsequently lifted?

Req. No: 151 Tax breaks granted to Caeli
Why did Mekar’s Tax Authority only grant tax breaks to Caeli after Vemma’s share sell-off?

Req. No: 152 Market share that Star Wings and JetGreen enjoy individually and value or percentage of subsidies each received from their home states
How much market share in Mekar’s airline industry did Star Wings and JetGreen enjoy individually (or collectively with any other airline in an alliance), and how much was the excess value or percentage of subsidies each received from their home states relative to Vemma’s receipt of subsidies from Bonooru, prior to the passing of Executive Order 9-2018 on September 2018?

Req. No: 153 Legal or practical impediments
Was there any legal or practical impediment precluding Vemma from entering Caeli into insolvency or administration under Mekar’s domestic law or the Shareholders’ Agreement?

Req. No: 154 Disputes or incidents between Bonooru or Mekar and investors under the previous 1994 BIT
Were there any notable disputes or incidents between Bonooru or Mekar and investors under the previous 1994 BIT which caused State parties to re-negotiate its terms and adopt the more comprehensively drafted 2014 CEPTA?

Req. No: 67 Tender Value of 800 million USD
Is the 800 million USD (mentioned on page 31 paragraph 24) the value of the tender (that is the amount that Vemma Holdings Inc. was to realize from the investment) or is it the value of Caeli Airways at the time of the investment?

Req. No: 17 Vemma's stake
As per the 2021 FDI moot case page 4 para 22, I would like to know whether as of current whether Vemma sells Vemma's stake in Caeli to Hawthorne Group LLP or any other companies??

Req. No: 178 Clarification on Amici and Amicus
According to page 26, line 822, there is 2 parts used Amicus submissions and Amici submissions. is this a typo? what is the difference between Amicus and Amici? was it only related to the number of submissions(i.e. singular or plural)? how many submissions were filed by amicus curiae?

Req. No: 180 Clarification on Caeli's appeal
According to page 38 line 1335, quote "under Mekari law, Caeli Airways has no further appeal". please clarify if the Claimant has no right to appeal or do not want to appeal the judgement.

Req. No: 76 Were Tui Airways, Airasia X, or WestJet investigated in regard to their pricing policies?
It would be possible to argue the absence of contributory fault because these carriers used similar business strategies but did not suffer damage because they were not subject to unlawful measures of Mekar. The answer is also necessary to understand whether there was any difference in CCM’s treatment of these airlines and if so, to identify the comparators.

Req. No: 77 What is a mechanism of an election of directors to the Board of Directors of Claimant according to its Articles of Association?
The clarification is needed in order to evaluate the actual control of Bonooru over Claimant’s decisions. Particularly, if a qualified majority (2/3 or 3/4) is required for an election of a director, then a shareholder with a stake of more than 33% has a veto. Consequently, such a shareholder can veto an election of candidates it does not want to have on a board of directors and can promote candidates, who will most likely support the shareholder’s position. If under the Articles of Association of Claimant, a qualified majority is required, then Bonooru, whose stake in Claimant ranged from 31% to 38%, has such a veto. In this case, Respondent can argue that due to this veto mechanism, the Board of Directors of Claimant was virtually under the control of Bonooru or at least all or most directors acted in accordance with Bonooru’s expectations and propositions. This will allow Respondent to argue that Claimant acted under the control or instructions or directions of Bonooru in determining the activities of Caeli Airways.

Req. No: 78 Were the annexes to the CILS report submitted to the High Commercial Court of Mekar?
The answer is necessary to clarify what constitutes the evidence submitted by Claimant and considered by the Court in the proceedings on enforcement of 9 May Award – the report of CILS or the materials annexed to it. Further analysis will allow to argue whether the evidence was properly examined by the Court and thus, whether the due process was followed.

Req. No: 79 What are other shareholders of Claimant?
The answer would help evaluate how much control Bonooru actually has over Claimant. According to the record, except Bonooru, other shareholders in Claimant include private and institutional shareholders from Bonooru and Goponga. If institutional shareholder from Bonooru include institutions, which are under the control of Bonooru, then Respondent can argue that the actual stake of Bonooru in Claimant was more than 31% or 38%, and that Claimant acted under the control or instructions of Bonooru regarding the determination of all activities of Caeli Airways.

Req. No: 80 What is the legal test for establishing the predatory pricing under Mekari law?
The answer to this question is relevant to ascertain whether the outcome of CCM’s investigations was in compliance with the relevant legal standards and thus, non-arbitrary. It is indicated in the excerpt of the Monopoly and Restrictive Trade Practice Act (p. 48, para. (i) in the Definition of anti-competitive act and para. (c) in the Prohibition where abuse of dominant position) that below-cost pricing and anticompetitive effects are necessary. But it is not clear whether (1) potential of recoupment of the sacrificed profits and (2) the anticompetitive intent of a person are included into this test. It is also unclear whether and what objective justifications of the investigated conduct should be considered by CCM when establishing the predation.

Req. No: 22 2006 Arrakis-Mekar BIT
Did any of the Contracting Parties of the 2006 Arrakis-Mekar BIT give written notice of termination of the BIT?

Req. No: 23 Anti-trust
Did Royal Narnian operate on the same routes as Caeli?

Req. No: 25 Declarations from Bonooru officials
In what terms officials from Bonooru threatened to hold back funds promised to rebuild Phenac’s port as part of the Caspian Project?

Req. No: 26 Anti-trust
Are there any other members of the Moon Alliance operating in Mekar?

Req. No: 27 CCM investigations
Have Tui Airways, Airasia X and WestJet ever been investigated by CCM?

Req. No: 54 Moon Alliance
What specific memberships does Moon Alliance membership have?

Req. No: 114 Vemma's investment
Did Vemma invest 700 or 800 million USD on the acquisition of Caeli Airways? [page 5, paragraph 30 v. page 31, paragraph 24]

Req. No: 115 Allegations of bribery
Did Merka take any legal action or carried out any investigation regarding the allegations of bribery between Vemma and Mr. Doris Umbridge, the Chairperson of the Committee on Reform on Public Utilities?

Req. No: 116 Bribery Allegations
How did Mekar respond to the allegations of fraud and corruption regarding tbe bribing of Mr. Cavannaugh during the arbitration under the Sinnoh Chamber of Commerce?

Req. No: 118 Allegation of abandonment of investment
On page 9, paragraph 22, which actions taken by Vemma are considered by Mekar as “abandonment” of Caeli Airways?

Req. No: 87 Connection between Lapras Legal and Vemma
Do Lapras Legal Capital and Vemma Holdings Inc. have other connections besides the funding strategies advisement given in the present proceedings?

Req. No: 88 Government corruption in Mekar
What is the perception of Mekar's population regarding corruption cases inside their own Government?

Req. No: 89 Air transportation sector in Mekar
How representative is the air transportation sector in Mekar in contrast to other types of transport utilized by consumers?

Req. No: 127 Moon Alliance
What are the objectives of the Moon Alliance and what commitments do airlines assume when they enter the Moon Alliance?

Req. No: 128 Competence Criteria of EACRPU
In relation with lines 616-621 of the amicus submission of the “External Advisors to the Committee on Reform of Public Utilities”, what is the criteria of competence as identified in the Law on Privatisation of Mekar that was observed and applied to select the amici for external advisors?

Req. No: 129 Stake participation of Boonuru
In accordance to lines 933-935, paragraph 10, Bonooru had a stake participation of 31% to 38%, but that is only “up until may 2020”. Then, in March 2021, Bonooru raised its stake to 55%. What happened between May 2020 and March 2021?

Req. No: 130 Executive Order 9 - 2018
How much money did the Mekari enterprises receive in relation to the Executive Order 9- 2018?

Req. No: 131 Hawthorne Group LLP and Venma Holdings
Apart from the fact that the Hawthorne Group LLP is part of the Moon Alliance, is there another connection between this company and Vemma Holdings?

Req. No: 68 Request clarification about "public interest"
What exactly does "public interest" mean on page 24, line 776 of the case?

Req. No: 69 Request clarification about the specific identify of Lapras Legal Capital
What is the identity of Lapras Legal Capital?

Req. No: 28 Use of MFN
The scope of the Substantive claim has been reduced to Article 9.9 (FET) of the CEPTA. Does this mean that we are barred from using other clauses of the CEPTA such as the MFN, National treatment etc. Or these clauses can be used to prove the violation of the FET standard? What I understand is that these claims cannot be argued standalone but may be used to argue the violation of the FET standard.

Req. No: 177

Req. No: 164 Application of Article 13 of the Arrakis-Mekar BIT
Was there any dispute with Arrakis' nationals where Article 13 of the 2006 Arrakis-Mekar BIT was applied?

Req. No: 165 Addressed matters
Procedural Order No. 2 (p. 27 of the case materials) lists the issues that should be considered by the Tribunal, while this list only contains the issue of the applicable standard of compensation (letter "d") but does not contain the issue of reduction of the compensation awarded. At the same time, one of the Respondent's defense is based on the need to reduce any compensation awarded. (para 22 of the Response to the Notice of Arbitration, p. 9). In this case, should the letter "d" of Procedural Order No. 2 be interpreted broadly as containing the issue of reduction?

Req. No: 166 Fines by the CCM
How significant were the fines imposed by the CCM in relation to Caeli's overall financial condition?

Req. No: 167 Award recognition and enforcement
Was there any case in Mekar when the court recognized and enforced an annulled arbitral award?

Req. No: 168 Details of Caeli acquisition
Could it be described in more detail which exactly Phenac International Airport facilities were inherited by Vemma with the acquisition of the share in Caeli?

Req. No: 171 Fair Market Value
Can it be assumed that the “fair market value” of the investment is higher than its “market value”?

Req. No: 179 Identifing Sinnoh
Could I get more information about Sinnoh such as location, relationship with bonooru và Mekar

Round 20212