Foreign Direct Investment International Arbitration Moot


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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: 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: 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: 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: 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: 15 Arrakis BIT
Is there a specific clause on compensation for violation of Fair and Equitable Treatment in Arrakis BIT?


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: 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: 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: 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: 42 Legislation on state enterprise in Mekar
What is the legislation of state enterprise in Mekar ?


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: 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: 126 Clarification of Article 9.7 of CEPTA
What’s the scope of “substantive obligation”?


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: 169 Article 9.22 CEPTA
WHETHER OR NOT THE COMMITTEE ON INVESTMENTS HAS ISSUED A DECLARATION AS PRESCRIBED IN ART. 9.22 OF 2014 B-M 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: 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: 262 board of directors
How many directors did Bonooru have on Vemma's Board of Directors?


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: 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: 171 Fair Market Value
Can it be assumed that the “fair market value” of the investment is higher than its “market value”?


Round 20212

Req. No: 226 Bonooru economic growth
Has Caeli Airways ever affected the growth of Bonooru as a nation economically?


Req. No: 227 Mekar corruption regulations
Are there certain articles within Mekari domestic law that forbid corruption?


Req. No: 228 Investigation of CILS
Did the investigation of CILS by Mekar’s Ministry regarding foreign funding bore any result?


Req. No: 229 Rights of CCM
Does CCM have the ability to increase or adjust the airfare cap?


Req. No: 273 Horizon 2020 funds
It was referred to in the problem that Mekar received funds from the state of Bonooru under, one of them, the Horizon 2020 scheme. Were these funds in the shape of state subsidies or grants?


Req. No: 204 Relative geographical positions
Where is Mekar's specific location? Where is Mekar on the continent? Where is Mekar in the Greater Narnia region?


Req. No: 205 Sources of income for Vemma and Caeli
What are the most important sources of income for Vemma Holdings Inc. and Caeli Airways?


Req. No: 206 Discriminatory
Did Royal Narnian receive subsidies under Executive Order 9-2018?


Req. No: 207 Drafting History of CEPTA
What was the drafting history of the CEPTA like for its compensation clause?


Req. No: 208 Mekar's Precautions
What precautions were taken by Mekar to address its growing backlog throughout the years, if any?


Req. No: 209 Mekar's Legal Traffic
Was the 2018 increase in legal traffic much more significant than that documented throughout 1980-2015?


Req. No: 211 Claimant's Comment on Transparency
Does Claimant go against with the idea of Transparency in this proceeding?


Req. No: 212 Law or Direct Statement of Bonoorian Government
Is there any Law or Direct statement showing the government has an interest in Claimant's Investment? outside of Ms. Sabrina Blue's statement.


Req. No: 193 High, mid and low-level cooperation between Moon Alliance members
What are the obligations or compromises a person or company has to commit to in order to enjoy the benefits offered by the alliance?


Req. No: 293 CCM’s investigations and interim measures
Does Mekari legislation include any provision concerning a time limit for an administrative (or CCM’s) investigation?


Req. No: 294 Airline industry in Mekar and Boeing MAX 737
Are there any other airlines that also bought the Boeing MAX 737 in Mekar?


Req. No: 232 Loyalty Programs
Is there any additional evidence that shows Caeli loyalty programs have significantly influenced its consumer base in Mekar?


Req. No: 233 Market Share
What is the market share or concentration in Phenac Airport?


Req. No: 234 Cost Measure
What is the appropriate cost measure in the result of the second investigation?


Req. No: 235 Regulatory Framework
In page 34, footnote no 3, Is the market-disruptive agreement necessarily has to be provided by state-owned enterprises to be categorized as Agreements or Arrangements that Prevent or Lessen Competition Substantially?


Req. No: 236 Slots Owned
How many slots are available in Phenac International Airport and to that extent, how many are owned by Caeli Airways?


Req. No: 288 Caeli’s valuation
When was Vemma’s investment valued at USD 1.1 billion?


Req. No: 289 Mekar’s approval of the use of US Dollar as the currency of payment for airline services
What representations, if any, did the Mekari authorities make in connection with the temporary authorisation for airlines to price their services in USD?


Req. No: 290 Justice VanDuzer’s 15 June 2019 decision
Did Justice VanDuzer rely on the Monopoly and Restrictive Trade Practices Act to review the CCM’s decision to impose airfare caps ?


Req. No: 291 Additional information on the award rendered by Mr. Cavannaugh
Would it be possible to obtain further details on the five paragraphs that constitute the reasoning of Mr. Cavannaugh’s award?


Req. No: 292 Foreign investors’ departure from Mekar
What were the main reasons for the mass exodus of foreign investors from Mekar at the end of 2017?


Req. No: 272 Content of the CBFI submissions in other cases
What was the content of amicus curiae submissions filed by the CBFI in SRB Infrastructure v the Federal Republic of Mekar and Wiig Wealth Management Group v the Federal Republic of Mekar?


Req. No: 267 Drafting history of the term "Investor" in the CEPTA
What was the drafting history of the definition of ‘Investor’ set out in Article 9.1 of the CEPTA?


Req. No: 268 Measures against Larry Air
Were there any restrictive measures imposed on government-owned Larry Air during crisis?


Req. No: 270 Investigations of other entities in Mekar conducting secondary slot-trading
Has CCM investigated any other airlines operating in Mekar that conducted preferential secondary slot-trading?


Req. No: 271 FMV and MV in the negotiation of the Arrakis-Mekar BIT 2006
Why was the Fair Market Value standard enshrined in the Arrakis’ Model BIT preferred to the Market Value standard in the Mekar’s Model BIT in the negotiations of the Arrakis-Mekar BIT 2006?


Req. No: 213 VEMMA BOARD OF DIRECTORS
1. WHAT WAS THE COMPOSITION (PROFESSION, POLITICAL CONNECTIONS) OF THE VEMMA BOARD OF DIRECTORS 2010-2020?


Req. No: 215 PARAMILITARY ACTIVITIES
2. DURING THE PERIOD OF GOVERNMENT OWNERSHIP OF VEMMA, VEMMA SUPPORTED “PARAMILITARY ACTIVITIES”. PLEASE DEFINE PARAMILITARY ACTIVITIES WITHIN THE CONTEXT OF THIS CASE.


Req. No: 216 VEMMA SALE OF INTEREST IN CAELI
3. APART FROM A BALD STATEMENT THAT VEMMA SOLD ITS STAKE IN CAELI TO MEKAR AIRSERVICES FOR $400 MILLION, THERE IS NO EVIDENCE PRESENTED OF THIS TRANSACTION. IS THERE EVIDENCE THAT THIS WAS AN ARMS LENGTH, BONA FIDE TRANSACTION?


Req. No: 243 Status of Arrakis-Mekar BIT
Did the Arrakis-Mekar BIT expire in 2016 or was it prolonged by the parties? Is it still in force?


Req. No: 244 Bonooru-Mekar BIT ratification
When was the Bonooru – Mekar BIT ratified?


Req. No: 274 Caeli's Market share at the time of the sale
What was Caeli's market share in Mekar at the time Claimant decided to sell the investment?


Req. No: 275 Reasons for bail in
What were the reasons that led Bonooru to implement the bail in program through the Airways Infrastructure Act on 2 March 2021


Req. No: 237 Subsidies received by Vemma
What was the total number and value of subsidies received by Vemma from Bonooru under the Horizon 2020 Scheme, and was the granting of subsidies conditional upon any obligation to provide certain public services?


Req. No: 238 Evidence by external advisors of CRPU on bribery allegation
Was the evidence adduced by the external advisors of CRPU on the bribery allegation ever disclosed to the governments of Mekar and Bonooru, media, or NGO before the arbitration; and if not, what was the reason for withholding disclosure for so many years?


Req. No: 239 Scrutinisation of pricing strategies by CCM during first investigation
During its first investigation in 2016, did the CCM also scrutinize the pricing strategies of other Moon Alliance members operating in Mekar, and what was the reason for not investigating them along?


Req. No: 240 Track record of Mr. Cavannaugh’s appointment as counsel
What is the track record of Mr. Cavannaugh’s appointment as counsel by Mekari state entities, and was this a material fact forming part of the circumstantial evidence considered by the Supreme Arbitrazth Court of Sinnograd to demonstrate his ‘corrupt behaviour’?


Req. No: 241 Overall flow of investment capital from Arrakis into Mekar
How is the overall flow of investment capital from Arrakis into Mekar (particularly in the airline industry), and has Mekar historically enjoyed better political and trade relations with Arrakis than Boonoru?


Req. No: 257 Compensation
Is the currency in "But the rapid rise of Caeli Airways to a peak valuation of MON 1.1 Billion was quite impressive (Annex IX)" correct?


Req. No: 258 Mekari Courts
How have Mekari Courts historically interpreted predatory pricing?


Req. No: 259 Caeli Market Share
What was the percentage of Caeli's market share of short-haul flights to and from Phenac International?


Req. No: 264 Instructions to Vemma
Did the Bonoori Government issues instructions to Vemma at any point in time?


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: 189 Article 9.2.5
Is Article 9.2.5 CEPTA supposed to bar any claim regarding the changing currency under 9.10.2?


Req. No: 190 Mr. Cavannaugh
What was the reason Vemma opposed Mr. Cavannaugh?


Req. No: 191 Developing Country
Is Mekar a developing or s third/fourth world country?


Req. No: 242 Issues in other claims against Mekar
Which specific issues are being dealt with in the claims against Respondent by other members of the CBFI?


Req. No: 284 Caeli's net profits after 2014
Have Caeli turned net profits after 2014?


Req. No: 285 Caeli’s average leverage ratio in 2014-2020
What was Caeli’s average leverage ratio in 2014-2020?


Req. No: 286 Caeli's lowering of the prices
Did Caeli lower the prices on all of its routes or on any particular ones?


Req. No: 287 Voting at Claimant's general meetings
Do Claimant’s shareholders’ decisions require a simple or qualified majority of votes?


Req. No: 182 Economic Crisis in Mekar
Are there any other foreign enterprises active in Mekar that were affected by the economic crisis? And in result received compensation or reparations due to the crisis?


Req. No: 187 Anti-corruption law system in Mekar
Will the corruption of Vemma during the tendering process cause the investment in Caeli an illegal one under the anti-corruption legal system in Mekar?


Req. No: 188 Evidence of Mr.Dorian Umbridge's corruption
Is there any evidence of corruption between Mr.Dorian Umbridge and Vemma?


Req. No: 217 Airfare caps
In the investigation against Caeli Airways, did the airfare caps, imposed as sanctions by CCM, set upper or lower limits on the price caps or both?


Req. No: 218 Interim measure
Was interim measure imposed on Caeli airways by CCM during the first investigation based on Article 4 (e) of the Monopoly and Restrictive Trade Practice Act, as Amended in 2009?


Req. No: 219 Judicial review of the CCM’s actions.
Was the Court (decision from 15 June 2019) authorized by Mekari law to examine only whether the CCM could have placed the airfare caps in the first place (the legal basis for placing an interim measure) or was there a legal basis for the Court to examine whether it remains in accordance with the law to keep the airfare caps in place?


Req. No: 220 Awards rendered by SCC Arbitration Institute
Are awards of SCC Arbitration Institute international and not integrated in the legal order of the country in contrast with judgements of Arbitrazhs Court of Sinnograd?


Req. No: 269 First National Phenac
In paragraph 64 of the Uncontested Facts, does the list of banks also include the First National Phenac mentioned in paragraph 51 of the Uncontested Facts?


Req. No: 199 MON to USD
Before Mekari authorities approved the denomination of airfare in US dollars in October 2017, did Caeli price its services exclusively in MON?


Req. No: 200 Moon Alliance
What are the conditions to be part of the Moon Alliance?


Req. No: 201 Corruption
Is Mekar a signatory of any treaty/convention against corruption?


Req. No: 202 Moon Alliance II
Has the Moon Alliance any joint-venture commanded by one of its partners in any country which it operates?


Req. No: 203 Bonooru - Vemma Relation
Does Bonooru have any law empowering Vemma to exercise governmental functions?


Req. No: 256 Mekar antitrust law
Does Mekari law contain any conditions when market shares of two hypothetical independent companies can be jointly considered for the purposes of MRTPA?


Req. No: 246 Voting rights in the CBFI in respect of the amicus submission
Could SRB Infrastructure and Wiig Wealth Management Group vote in respect of the amicus submission in Vemma's claim against Mekar?


Req. No: 254 Mekar Airservices' restructuring deal
By the end of April 2021, Mekar Airservices successfully negotiated restructuring deals with the two largest banks in Mekar". If the banks explained their decision to enter into the deal having in mind that in 2019 Caeli's rating was CCC+? Were those banks state-owned?


Req. No: 255 Definition of "Investor"
Was there any discussion as to the meaning of "investor" in the process of drafting of the new BIT between Bonooru and Mekar?


Req. No: 249 Secondary slot-trading
Were there any requests to buy slots from other airline companies?


Req. No: 183 Misty Kasumi declarations
Has Ms. Misty Kasumi made any declarations about the interference of Bonooru in private companies previous to the one made on november 17th 2014 to the Phenac Business Today podcast?


Req. No: 184 Sell of Caeli
Prior to selling its stake in Caeli Airways to Mekar Airservices, did Vemma receive any offer other than the one from Hawthorne Group LLP?


Req. No: 185 Caeli Board
Did the members of Caeli's Board of Directors have any party or extra-labor affiliation with the Government of Bonooru?


Req. No: 276 Role of the CBFI in relation to other arbitration proceedings
Is the CBFI participating as amicus curiae in the other two arbitration proceedings against Mekar as well?


Req. No: 278 Remuneration of Lapras Legal Capital
Is Lapras Legal Capital paid by Vemma for the services it provides?


Req. No: 279 Fluctuation in the MON
What was the highest percentage amount of the fluctuation in the MON?


Req. No: 280 Members of the CBFI
What is the total number of CBFI business members?


Req. No: 281 Vemma majority in meetings
How often on average do Bonooru's representatives hold a majority on the Vemma board?


Req. No: 186 FET Standard according to CEPTA and the Comittee on Investment
Is there any interpretative declaration of the Committee on Investment, according to art. 9.22 and 9.9 of the CEPTA, regarding any further element of the fair and equitable treatment obligation?


Req. No: 221 Bonooru’s airlines
Who acquired the shares of the airlines (other than Royal Narnian) into which Bonooru Air was split?


Req. No: 222 Vemma’s shareholders
How were the shares not owned by Bonnouru in Vemma distributed between the other shareholders?


Req. No: 224 Mekar’s regulatory framework
Did Mekar implement any regulation or restriction during COVID-19 pandemic?


Req. No: 225 Mekar's travel seasons
Is there any statistical information as to which months would be the pick and off-pick seasons to travel in Mekar?


Req. No: 181 Centre for Integrity in Legal Services Report Annexes
Could we please be provided with the annexes of the following: Centre for Integrity in Legal Services Report mentioned on page 61 of case.


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