Clarification Requests 20191

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 1

Did the Communications Authority of the Republic of Tyrea execute an ordinance blocking FriendsLook even before the deadline for development of the new algorithm had come to an end?

When were the Claimants forced to shut down their operations in Tyrea?

Req. No: 33 “Unofficial” measures taken by Claimants
Which “unofficial” measures taken by Claimants are confirmed by evidence and what is the precise evidence on each of them?

Req. No: 34 Consequences of measures taken by Tyrea
What were the actual consequences of measures taken by Tyrea against social media platforms?

Req. No: 35 Possibility to bring collective claims under Tyrean legislation
Did Tyrean legislation provide for collective claims at the time of conclusion of ICSID Convention and BIT?

Req. No: 36 Difference between the Claimants
Are SpeakUpMedia, Whistler and FriendsLook different in terms of operating principles?

Req. No: 37 Effect of measures taken by Tyrean government on other social media in Tyrea
Did the measures taken by Tyrean government affect other social media in Tyrea, either local or foreign (if any)?

Req. No: 55 Media Circulation
Are the media titles (and others) listed in Paragraph 3 of the Request for Provisional Measures (pages 36-37 of the Record) still in circulation in Tyrea?

Req. No: 56 Compensation
What compensation, if any, has Tyrea offered for any losses suffered by the Claimants?

Req. No: 57 Lex Arbitri and Lex Fori
What are the lex arbitri and lex fori of the arbitration?

Req. No: 58 Jurisdiction
Are Tyrea, Novanda, and Kitoa common law or civil law jurisdictions?

Req. No: 88 Time of Denunciation
When was the Denunciation of the ICSID Convention (page 27 of the Record) received by the World Bank?

Req. No: 89 Algorithm
How much time did the algorithm take to produce output for one user?

Req. No: 71 Media campaign
Is Claimant's media campaign the only source that covers for worldwide users the Tyrean internal policy?

Req. No: 74 Coprorape scheme
Did Claimants have common shareholders, when they were setting up their business in Tyrea?

Req. No: 76 Freedom of speech
Is Tyrea a party to any international instruments on human rights?

Req. No: 79 National conflict
Why did the conflict between two main nations in Tyrea start again in 2017?

Req. No: 80 Business plan
Do Claimants have the established business plan for Market expansion, with market analysis, sales strategies and financial projections?

What is the definition of ‘investor’?

Did the websites that weren’t blocked receive a penalty for algorithm inefficiency?

Req. No: 42 blocking of websites
Did the social/civil unrest stop or reduce in anyway after blocking the websites?

Are the numbers in the Damages Report correct?

Req. No: 32 blocking of websites
Did the Government block the three websites (Friendslook, Whistler, SpeakUp Media) temporarily or permanently?

Does the agreement between the Third Party Funders (TPF) and the Claimants result in the TPF sharing in any economic benefit accruing to the Claimants from any Award in this proceeding?

Regarding Para 25 of the Uncontested Facts were any of the “unofficial measures” confirmed by evidence additional to the Exhibits previously files in this case?

Following the “blocking” of the Claimants’ webpages, how significantly, if at all, how significantly did the violence referred to in Paragraph 21 of the Uncontested Facts decline?

Req. No: 25 OTHER BITS
Has Tyrea changed its treaty status in either of its BITs with Novanda (28 Mar 2000) or Kitoa (20 Jan 2001)?

Are there any other non-Tyrean social media platforms currently operating inside Tyrea?

Req. No: 87 Formal constitutional process
Whether a formal constitutional process was followed and debate conducted by Tyrean political organs for denunciation of the ICSID convention? And whether the discussion was made public so that it would have come to the claimant's knowledge, before the official denunciation?

Req. No: 81 Claimants' advertisements
If a Tyrean company decides to put an ad on Claimant's website, will the ad still be available on the international version of the website, regardless of the blocking?

Req. No: 82 Claimants' business operations in Tyrea
Was claimant's office in Tyrea still operates daily regardless of the non-activity of their websites?

Req. No: 84 Claimants' profits
Does the 2018 projected profits include profits made from January to March?

Req. No: 85 Respondent's Damages calculation
Does the proven expenditure refer to Claimants’ initial investment or simply the cost incurred by Claimants in 2018?

Req. No: 86 Claimant's Discount rate Calculation
What are the risks incorporated in the 5% discount rate?

Req. No: 63 Claimants' WACC Calculation
What risks are incorporated in Mr Alonzo's WACC calculation and their own percentage respectively?

Req. No: 64 Cost Requested in Provisional Measure
In page 38, par. 12, Tyrea requested that the Tribunal “grant the requested provisional measures and award Tyrea all the costs in connection herewith”. Does the “cost” in this case refer to costs relating to the arbitration proceeding or compensation for damages incurred as an effect of the Claimants’ publication?

Req. No: 65 Claimants' Exhibit 7 Calculation
Why does the Claimants' expert report only include the operational cost of the claimants' investment until the time of the blocking in 2018 while the revenue was projected until the end of 2018?

Req. No: 66 Interest on the Damage
How much interest are the Claimants requesting for their damages claim?

Req. No: 119 Respondent State member of UN or a party to any other treaty?
Is the Respondent State (Tyrea) is a party to any international treaty or the UN?

Req. No: 120 Respondent State's relation with Union of Kitoa
Does the Respondent State (Tyrea) share any special relationship with the Union of Kitoa in the form of special treaties or historical significance?

Req. No: 62 Para no 1675,
what are the unofficial provisional measure referred here and which authority has confirmed it, under what basis

Req. No: 83 Pg. 4, Para 140
"order to the national internet service providers" are there other internet service providers (except national internet service providers) as well operational in Tyrea? If yes what is there market cover and operation?

Req. No: 4 typo on the BIT
1. In the paragraph 1685, the art. 1 (b) of the BIT Tyrea-Novanda has two sections with the same roman number (i). Is this a typo or both sections are numbered with the same roman number

Req. No: 5 Claimants structure
What was the purpose of this office, to serve which objectives?

Req. No: 6 Claimants structure
2. Regarding the facts of paragraph 105, did the local office of Friendslook have stuff? Did it have more than one employee?

Req. No: 7 Companies affected by the media blocking
3. Did the rest of the social media companies in Tyrea comply with the new measures? And if not, did they face blocking, as in the case of Claimants?

Req. No: 3 Truthseeker
What is the corporate structure of Truthseeker?

Req. No: 16 Claimants's operations in Tyrea
In line 736-738, when did the Claimants decide to wind down all operations in Tyrea and why did they do it?

Req. No: 8 Notification of blocking and negotiations
Did the Claimants try to negotiate with the Respondent about the blocking of their websites, before and after it happened?

Req. No: 9 Calculation of projection for 2018
How is the projection of revenues, costs and profits for 2018 calculated in the expert report on damages?

Req. No: 10 Influence of Claimants over website contents
Do Claimants have any influence over the published content of the websites and digital newspapers cited in para. 3 of the Request for Provisional Measures?

Req. No: 11 Origins of sponsored adds
Is there are information about the origins of the sponsored adds, allegedly directed against the Respondent, on FriendsLook platform as mentioned in para. 2 of the Request for Provisional Measures?

Req. No: 12 Implementation of the algorithm
Was the Respondent aware of the difficulties associated with the use of the algorithm (e.g. language difficulties) and the time period required for effective implementation?

Req. No: 113 Notice of Dispute Prior to Denunciation
Was there any communication between the parties prior to Tyrea’s submission of the Notice of the ICSID Convention Denunciation on 05/01/2018?

Req. No: 115 Specific provisional measures requested
What are the specific provisional measures Respondent is requesting from the Tribunal?

Req. No: 116 Audience of Tyrea's social media platforms
What are the respective audience numbers and influence capacity of the different social media platforms operating in Tyrea?

Req. No: 117 Claimants' business plans
Did the Claimants adopt the detailed business plan referred to by Professor DiMarco?

Req. No: 118 Data protection legislation in Tyrea
What is the Data protection Law in Tyrea?

Req. No: 102 Notice of Dispute as consent prior to the Request for Arbitration
Did the Claimants submit a notice of dispute prior to file the Request for Arbitration?

Req. No: 103 Blocking of other social media platforms
In paragraph 145 the Claimants argue that the Respondent did not block other social media networks. If true, was it because those platforms were able to develop the algorithm within the term required or because they did not show the prejudicial content that the Claimants do?

Req. No: 105 BITs Drafting History
Is there any element in the drafting history of the BITs showing that Tyrea was willing to agreed to multiparty arbitrations?

Req. No: 104 Government Representatives
What was the hierarchy of the Tyrean Government Representatives who stated that social platforms would be encouraged?

Req. No: 14 Vienna Convention on the Law of Treaties
Are Tyrea, Novanda and Kitoa parties to the Vienna Convention on the Law of Treaties.

Req. No: 59 Domestic Laws
Were the domestic procedural laws of Tyrea, Novanda and Kitoa familiar with multiparty proceedings at the time when each of them became a party to the ICSID Convention and consented to the BITs.

Req. No: 50 FriendsLook shares
Were FriendsLook shares' value in NASDAQ affected by the blocking?

Req. No: 51 Enactment of Law 0808-L
Was Law 0808-L enacted in accordance with the Tyrea's legislation?

Req. No: 52 Claimants business worldwide
Have Claimants been successful with similar projects in other countries with similar social and economic conditions?

Req. No: 53 2015 Claimants’ financial statements
What were the 2015 Claimants’ financial statements?

Req. No: 54 Taxes in Tyrea
Did Claimant’s pay taxes in Tyrea over the amounts received by running ads?

Req. No: 93 The deadline days
In paragraph 15 of uncontested facts, "the new decree reduced the deadline for compliance with the new requirements to 45 days”. However, in paragraph 11 of the request for arbitration, “Respondent slashed the 60-day period to 40 days”. Why are there conflicts between them (45 days & 40 days)?

Req. No: 95 The Compensation
In Summary of the damage report of Claimant, how do the numbers of the Lost Profits come from? Why are they different from those in Line 550?

Req. No: 97 Judicial review
Is there a judicial review procedure in Tyrea and is it accessible to foreign investors?

Req. No: 98 Respondent measure
Did Respondent take any other measures to manage the ethnic conflicts?

Req. No: 100 Denunciation
Did Claimants know about the denunciation when they filed the request for arbitration??

Req. No: 106 ON DECREE NO. 0578/201-D
Paragraph '2' of the aforesaid decree opens with "Pursuant to Article 2 of the Law No. 0808-L". However, upon cross referencing the relevant article of Law No. 0808 (page 9), it talks about penalties. Should "Article 2 of Law No. 0808" in the decree not be Article 3 of Law No. 0808-L?

Please refer to the last lines of paragraph 7 on page 49. Does the user have an option to opt for advertising and personalized content TOGETHER in exchange of 12 USD p.a. If yes, how are revenues from both advertising and personalized content different?

While the Claimants claim that their ability to generate revenue through sale has been expropriated, the respondents claim that the advertising contracts and "pro" subscriptions do not amount to 'assets susceptible to expropriation'. Could we get more clarity on what exactly is being expropriated?

Just for clarification purposes, the STAGE II proceedings need not be addressed in either oral or written submissions for the purposes of this moot, right?

Req. No: 67 Funding the the claim
Would the Claimants have been capable of funding their claims separately?

Req. No: 68 Arbitrary conduct
If the Claimants had been successful at developing and implementing the algorithm even after they had been shut down, would Respondent have reinstated the social media platforms.

Req. No: 70 Damages calculation
Is there any data on the Claimants' previous financial performance when entering a new market?

Req. No: 72 Membership of the Vienna Convention
Are all the states involved signatories to the Vienna Convention on the Law of Treaties?

Req. No: 112 Social media
How media savvy are the people of Tyrea? Can they distinguish between fake news and serious journalism and do the Claimants provide any service to assist people in making that distinction?

Req. No: 73 Establishment of "Wink"
When was the local company „Wink“ established?

Req. No: 75 Alternative methods and calculation
When answering the issue of damages in para. 6.2(e) of Procedural Order No. 1, If DCF is found not appropriate to calculate the damages, by proposing another method is it necessary to do the calculation as well?

Req. No: 77 Caculation and "stage 2" of proceeedings
Does the “stage 2” mentioned in para. 6.4 of Procedural Order No. 1 include the method for quantification of damages mentioned in para. 6.2(e) of Procedural Order No. 1?

Req. No: 78 Deadlines for submissions
Are the dates mentioned in para. 7.1 of Procedural Order No. 1 correct or do we follow the deadlines displayed on the website?

Req. No: 27 Nature of social media platforms not blocked
It is important to know be whether those social media platforms which have not been blocked by the Tyrean Government are nationals of the state or investors just like those which have been banned?

Req. No: 28 Decision on jurisdictional objections
The denunciation was sent on the 5th of January 2018 with immediate effect and the Request for Arbitration was submitted on 29th of June, 2018. If it is possible, we would like to know if the Tribunal decided on the jurisdictional objections?

Req. No: 29 Claimant’s planned expansion were reported or not
Did the claimants previously report their planned expansion to the government?

Req. No: 30 Human rights agreements ratified by the Respondant
Do we know if there are any international agreements on human rights that Tyrea has ratified?

Req. No: 31 Ratification and conclusion of BIT
According to page 58 the BIT was concluded on 15 December 2000. However, on p 48 we are informed that the same agreement was ratified on 10 December 2000. Is it possible that such an agreement can be ratified before it is actually concluded?

Req. No: 94 Assessment of damages
Did the Claimants continue to work on the algorithm after the issuance of the Decree?

Req. No: 96 Claimant’s shareholding
What are the major shareholders of Claimants and, as the case may be, are Claimants owned by the same shareholders?

Req. No: 17 Effect of the Social Media Blocking
Did the violence in Tyrea deescalate after the blocking of Claimants social media websites?

Req. No: 18 Compliance with the Presidential Decree
Did all the unblocked social media platforms comply or attempt to comply with the Decree?

Req. No: 19 Nature of Truth Seeker
Page 51 para 13 mentions that Truth Seeker had a feature that “corrected facts in case they were incorrect”. Which party was in charge of identifying the accuracy of these statements and subsequently correcting it?

Req. No: 20 Nature of the Decree
Was the Respondent’s act of blocking the Claimants’ social media platforms a temporary or permanent solution?

Req. No: 21 Effect of the Decree
After the Claimants’ platforms were blocked, did the other unblocked social media platform increase in their popularity?

Req. No: 109 Political situation
Has the political situation in Tyrea worsened in the meantime? If so, have other platforms used by radicals been blocked as well?

Req. No: 110 Hashtags
Do all the social media (FriendsLook, Whistler, SpeakUp, Wink and TruthSeeker) support hashtags?

Req. No: 121 Projected Cash Flow
What is the projected cash flow and actual cash flows used to reach the amounts of $17M, 9M, and 8.5M?

Req. No: 122 Projected Expense
What was the projected expense of claimants for 2018?

Round 2

Req. No: 132 BIT
In Article 12 (1) of the BIT, the phrase, 'within reasonable lapse of time' is mentioned. Can you please suggest, if there is any particular time frame of the same? e.g. number of days, weeks or months.

Req. No: 129 Criterion
What were the criterion applied by the Republic of Tyrea to decide which social networks were “less popular and convenient” and therefore should not be blocked in order to prevent the spread of hate speech?

Req. No: 130 Minister of Telecommunications, Information Technology and Mass Media of Tyrea
Was there any sort of threat made by the tyrean Minister to the SpeakUp Vice President, Mrs. Parlante, during the meeting described in her affidavit?

Req. No: 131 Claimants and the new plataforms mentioned in the Respondent's request for provisional measures
Is there any sort of relationship, either social or commercial, between the Claimants and the new platforms mentioned in the Respondent’s request for provisional measures (page 36 and 37) as examples of the media campaign?

Req. No: 133 Third party contracts
Can we have, or is there a contract of the third party agencies and the claimants

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