FDI Moot™ CENTER FOR INTERNATIONAL LEGAL STUDIES

FDI MOOT CASE 2023

FOREIGN DIRECT INVESTMENT

INTERNATIONAL ARBITRATION MOOT

Global Orals: 2-5 November 2023

The 2023 case was elaborated by the Case Committee consisting of Vera
Bykova, Facundo Marcone, Alisa Protasova, Ewa Tokarewicz, and Mishael M.
Wambua, under the supervision of the FDI Moot’s Review and Advisory Boards.
 FDI Moot™ CENTER FOR INTERNATIONAL LEGAL STUDIES

TABLE OF CONTENTS

REQUEST FOR ARBITRATION ................................................................................................ 1

CLAIMANT’S EXHIBIT C1 - Blueprint of the MK-1 Beetle - Modular UGV .......................... 9
CLAIMANT’S EXHIBIT C2 - Blueprint Variants of the MK-1 Beetle - Modular UGV .......... 10
CLAIMANT’S EXHIBIT C3 - Claimant’s Tax Compliance Certificate ................................... 11
CLAIMANT’S EXHIBIT C4 - Purchase Agreement of 8 June 2021......................................... 12
CLAIMANT’S EXHIBIT C5 - Law Decree 134_2022 on Restrictive Measures against the
Federation of Albion ................................................................................................................... 14
CLAIMANT’S EXHIBIT C6 - MK Robotics Press Release of 16 January 2022 ...................... 18
CLAIMANT’S EXHIBIT C7 - Model of the end-user compliance statement included in MK
Robotics purchase agreements as of 20 January 2022 ................................................................ 20
CLAIMANT’S EXHIBIT C8 - Twitter Statement of Head of Committee on International Trade
of 15 December 2022 .................................................................................................................. 21
CLAIMANT’S EXHIBIT C9 – Martineek Herald Article of 19 December 2022...................... 22
CLAIMANT’S EXHIBIT C10 - Asset Purchase Agreement of 24 December 2022 .................. 23
CLAIMANT’S EXHIBIT C11 - Investor News article of 24 November 2022 .......................... 28
RESPONSE TO THE REQUEST FOR ARBITRATION .......................................................... 29
RESPONDENT’S EXHIBIT R1 - Law Decree 53/2007 on the Control of Foreign Trade in
Defence and Dual-Use Material .................................................................................................. 35
RESPONDENT’S EXHIBIT R2 - Results of joint investigation on MK Robotics former owner
..................................................................................................................................................... 44
RESPONDENT’S EXHIBIT R3 - Young & Coopers Report of 20 December 2021................. 46
RESPONDENT’S EXHIBIT R4 - Global Armament Review- Inspecting Awbari drones: FTPG
Technology findings of 28 November 2022................................................................................ 50
RESPONDENT’S EXHIBIT R5 - VaryalëNews - Successful first flight of the Qertel-ASP UAV
of 27 November 2022.................................................................................................................. 55
RESPONDENT’S EXHIBIT R6 - VaryalëNews - UGVs shape modern warfare in the Wadaihi-
Karamanlean conflict: the “Beetle War” of 14 January 2022 ..................................................... 57
RESPONDENT’S EXHIBIT R7 - Minutes of the Parliament meeting of 23 December 2022 .. 60
RESPONDENT’S EXHIBIT R8 - Press Release of Parliament of Martineek of 27 December
2022 ............................................................................................................................................. 61
RESPONDENT’S EXHIBIT R9 - Statement of the Secretary of the Treasury Paul Bäumer of 30
December 2022 ........................................................................................................................... 62
PROCEDURAL ORDER NO. 1 ................................................................................................. 63
Letter of Resignation of Dumbledore, Black & Partners ............................................................ 69
Exhibit DBP_1 - Amnesty International Journal, Women’s Rights Worldwide: Newsflash, by
Fariba Adelkhah of 18 October 2023. ......................................................................................... 71
Exhibit DBP_2 - Narnian Arbitration Review, Dumbledore Black & Partners: the last global
law firm representing Martineek, by Cosmo Oberson of 25 October 2023 ................................ 72

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Exhibit DBP_3 - Decision of the Council of the Narnian Bar Association No. 1228 of 12
October 2023 ............................................................................................................................... 73
Claimant’s Objections to Respondent’s Counsel Resignation ............................................ 75
Respondent’s Letter Concerning the Counsel Resignation ......................................................... 77
PROCEDURAL ORDER NO. 2 ................................................................................................. 79
Statement of Uncontested Facts .................................................................................................. 82
AGREEMENT ON ENCOURAGEMENT AND RECIPROCAL PROTECTION OF
INVESTMENTS BETWEEN THE REPUBLIC OF MARTINEEK AND THE FEDERATION
OF ALBION................................................................................................................................ 88
PROCEDURAL ORDER NO. 3 ................................................................................................. 97
PROCEDURAL ORDER NO. 4 ............................................................................................... 101

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THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

REQUEST FOR ARBITRATION

In a dispute between

DELOREAN TECHNOLOGIES LLC

(Claimant)

and

THE REPUBLIC OF MARTINEEK

(Respondent)

20 April 2023

Claimant Counsel for Claimant

DeLorean Technologies LLC Adila LLP
112 Charles Street, Medtown, Anasa Plaza, 311 Bond Avenue
ME 2231 KJ 8972
Federation of Albion Federation of Albion

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I. SUBMISSION OF THE DISPUTE TO ARBITRATION

1. In accordance with Article 36 of the Convention on the Settlement of Investment Disputes between
States and Nationals of Other States (the “ICSID Convention”) and Article 12 of the Agreement
5 on Encouragement and Reciprocal Protection of Investments between the Republic of Martineek
and the Federation of Albion (the “BIT”), DeLorean Technologies LLC (“Claimant”) hereby
respectfully submits this Request for Arbitration (the “Request”) to the International Centre for
the Settlement of Investment Disputes (“ICSID”), to initiate the following arbitration against the
Republic of Martineek (“Martineek” or “Respondent”).

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II. THE PARTIES

2. Claimant, DeLorean Technologies LLC, is a multinational automotive manufacturer incorporated

under the laws of the Federation of Albion (“Albion”). Claimant is the leading automotive
15 company in Albion – and one of the largest in the world. DeLorean Technologies LLC is primarily
engaged in the manufacture and distribution of automotives but has a wide business portfolio and
interests that go beyond automotive manufacturing and distribution.

3. Claimant notifies the Secretary-General that as contemplated by Rule 2 of the ICSID Arbitration
Rules, the following advocates shall represent Claimant:

20 Adila LLP
Anasa Plaza, 311 Bond Avenue
KJ 8972
Federation of Albion

25 4. Claimant respectfully requests that all communications in this arbitration be channelled through
its advocates.

5. Claimant has provided the Minister of Justice and Minister of Foreign Affairs of Respondent with
advance courtesy copies of this Request.

30 III. SUMMARY OF THE DISPUTE

a) Claimant’s investment

6. A raft of major reforms in Martineek in 1993 not only improved Respondent’s legal framework
for economic and social development, but also allowed Martineek to emerge as a global leader in

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35 the robotics industry.

7. Over the last decade, to raise its global competitiveness and drive its digital manufacturing,
Respondent made significant efforts to attract foreign investments in the robotics industry. The
endorsement of FDI priority spheres, as well as the revision of investment agreements with third
states resulted in one of the most investor-friendly regimes for investments in technical
40 innovations.

8. Keen to ride this investment wave, Claimant acquired 100% percent of the issued and outstanding
shares of MK Robotics, a Martineekean company focused on the development of autonomous
vehicles on July 9, 2020. MK Robotics has been a leading start-up company in robotic innovation
in Martineek specialized in unmanned ground vehicles for civilian and commercial use.

45 9. MK Robotics needed capital to expand its industrial capacity. Thus, the acquisition by Claimant
had a positive impact on the development of its business. Another benefit derived from this
strategic acquisition was the development of business relationships between Respondent and other
companies in Albion.

10. The prime product of MK Robotics was the remotely operated MK-1 “Beetle” modular unmanned
50 ground vehicle (“MK-1 UGV”).1 The modular characteristic allows the vehicle to adapt to user-
needs, thus providing flexible solutions for the commercial and public service sector ranging from
civil engineering to fire and rescue applications.2 This proficiency is enabled by the sophisticated
technological specifications that allow for modification of the
MK-1 UGV through attachment of tools or equipment in order to complete task-specific
55 commands. Given the wide-range of task-specific commands that the MK-1 UGV can complete,
attachments are sold based on customer tastes and preferences. The principal attachments sold are
for surveillance, civil engineering, mining, transport, fire
and rescue, and hazardous materials handling.

11. Claimant invested significant resources in research and development to develop new attachments
60 that could expand further uses of its technology in new areas, including space exploration. Access
to the Albionese market increased the annual sales of MK Robotics by 25%. In the following
quarterly earnings call presentations of 2020, MK Robotics reported a considerable growth in
earnings due to the more than 200 unmanned ground vehicles sold.

12. Respondent not only considered Claimant to have made a valid investment but also considered
65 Claimant to be a trusted business partner. Claimant’s business activities were audited by
Respondent’s tax authorities, which certified that Claimant complied with its fiscal obligation.3

1
Exhibit C_1 - Blueprint MK-1 Beetle - Modular UGV.
2
Exhibit C_2 - Blueprint Variants of the MK-1 Beetle - Modular UGV.
3
Exhibit C_3 - Claimant’s Tax Compliance Certificate.

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Moreover, as part of its business activities, Claimant entered into several commercial sale
agreements with Respondent and its agencies, such as for the purchase of commercial drones4 Yet,
Respondent then turned around and repudiated Claimant’s activities when the relationship was no
70 longer beneficial to it.

b) Respondent’s measures towards Claimant’s investment

13. Despite an already broad catalogue of internal laws and regulations relating to operations such as
those conducted by Claimant, starting in 2022, Respondent started to introduce new regulatory
75 measures, which impacted Claimant’s operations negatively.

14. In February 2022, Respondent issued Screening Law 24/2022 (“Screening Law”) identifying
critical technologies, biomedical products, and dual-use military items as sectors of strategic
importance and imposing screening procedures for FDIs in these sectors. Claimant complied with
the Screening Law’s notification requirement and provided all necessary information about its
80 investment in MK Robotics.

15. Also in February 2022, Martineek enacted Ordinance 66/2022, modernising Law 53/2007 (“Dual-
Use Regulation”), which expanded the dual-use classification to include certain unmanned
vehicles, equipment, and parts thereof.

16. Most of Claimant’s products were subject to the dual-use regime; some were not and did not
85 require an authorization. Thus, Claimant initiated the filings to obtain authorizations and
consultations to comply with the regime, for example, for the MK-1 UGV.

17. However, Respondent’s regulatory spree did not end in February 2022. In December 2022, despite
the positive impact of Claimant’s investment on Respondent’s robotics industry, Respondent cited
concerns related to Albion’s obtainment of critical technology as well as the emergence of
90 information about the use of technologies manufactured in members of the Future Technology
Partners Group (“FTPG”) in military conflicts. In response, Martineek introduced a new sanctions
regime with Law Decree 134/20225 freezing Claimant’s assets and prohibiting principal business
operations of MK Robotics as a manufacturer of dual-use goods. This was done in disregard of
Claimant’s policy of only producing vehicles and electronic components for commercial and
95 civilian purposes.

18. Among the reasons on which Respondent relied in imposing sanctions were the alleged
involvement of Claimant in the “Albion first” strategy, disfavoured by Martineek. Additionally,
Respondent cited the past use of the Beetle vehicle in the Wadaihi-Karamanlean conflict and the

4
Exhibit C_4 - Asset Purchase Agreement of 8 June 2021.
5
Exhibit C_5 - Law Decree 134/2022 on Restrictive Measures against the Federation of Albion.

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use of Claimant’s electronic components in some drones manufactured in Karamanli.

100 Respondent’s reasoning is misleading and incorrect.

19. First, Albion’s development of the “Albion First” program and its strategy to improve its future
technologies sector does not have any relation to Claimant’s activities. Investors’ rights under the
BIT cannot be affected by the political or diplomatic relations between the two States Parties.

20. Second, and in any case, Respondent lacks any substantiated evidence regarding the alleged
105 technology linkage to Albion. Moreover, following the adoption of the Screening Law and
Claimant’s provision of all relevant information about its investment, the authorities of Martineek
did not show any concern related to Claimant’s investment.

21. Third, regarding the use of the MK-1 UGV and the electronic components found in Karamanlean
drones, Claimant complied with Respondent’s Dual-Use Regulation. Claimant obtained the
110 authorizations for the export of several components as required by the regulation.
The components that Respondent referred to in order to justify sanctioning Claimant were neither
considered critical, nor required an export license as determined by the Export Control Office.

22. Once it was publicly known that MK Robotics’ drones were used in military activities, Claimant
instructed MK Robotics to disavow the misuse of its drones.6 Claimant made its best efforts
115 to avoid the misuse of its vehicles. MK Robotics implements a strict policy by contractual
commitments to prevent its products from being diverted for unauthorized military use.7
It is regrettable that those components were used for military purposes, but Claimant cannot be
held liable if buyers of its components illicitly resell or misuse the goods.

23. Finally, the real motives of Respondent’s measures towards Claimant and the rupture of trade
120 relations with Albion, its biggest trading partner, remain unclear. After years of Martineek's
reliance on open markets and on foreign investment to expand its high-tech industry, Albionese
high-tech companies have become powerful direct competitors for Respondent’s national
enterprises: “national interests” may merely serve to aid Martineek industries that are falling
behind.

125

c) Consequences of Respondent’s measures

24. Starting in December 2022, the reports of possible sanctions became frequent and dramatically
impacted the market. While many companies, including Claimant, were closely monitoring the
situation, on 15 December 2022 the concern that sanctions would be imposed was exasperated by

6
Exhibit C_6 - MK Robotics Press Release of 16 January 2022.
7
Exhibit C_7 - Model of the end-user compliance statement included in MK Robotics purchase agreements
as of 20 January 2022.

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130 Respondent’s official, Mr. Organa, a very influential politician of the Nation’s Voice party and
Head of the Committee on International Trade.8 His statement, urging Martineek’s government to
impose sanctions, caused big waves in the industry. Moreover, respectable newspapers such as
Martineek Herald reported, that the plans for the decisions on sanctions had confirmed
independently by another influential politician of Nation’s Voice, who intended to remain
135 anonymous.9 Claimant, aware of Respondent’s plans to freeze the assets of the sanctioned
companies, as voiced by Mr. Organa and widely reported by media, deeply disagreed with
Respondent’s arguments and approach. However, being aware of the deficiencies of the due
process in Martineek and realistically assessing Respondent’s course of action, which resembled
a witch hunt rather than an objective assessment, in order to save its investment, attempted to sell
140 most of its assets before they would be blocked or severely decrease in value. Other impacted
companies in Martineek also sold their assets as soon as Mr. Organa’s statement went public.10

25. On 20 December 2022, Claimant invited bids its assets. However, as the market already knew
about the planned sanctions, the offers received from private companies were vastly lower than
the actual market value of the assets.

145 26. Being forced to save as much of its investment as possible before it was completely destroyed
by Respondent, Claimant reluctantly decided to sell the drone branch of its Company amounting
to 70% of the assets, for a purchase price of $25.480.000,00,11 amounting to a 60% discount
compared to its market value on 20 November 2022.12

27. In January 2023, Claimant filed an official request to the Martineek government asking for
150 concrete reasons for its inclusion on the sanctions list and demanding that Respondent unblock
Claimant’s assets. After receiving a response that this information could not be disclosed for
national security reasons and after three months of fruitless discussions, Claimant submits this
request for arbitration.

28. Claimant seeks damages in the amount of the difference between the amount Claimant received
155 for the sale of its sold assets and their market value estimated as of 20 November 2022, together
with pre-award and post-award interest at a rate to be determined, as well as any taxes payable on
the awarded amount, fulfilling line with the full reparation principle.

8
Exhibit C_8 - Twitter Statement of Head of Committee on International Trade of 15 December 2022.
9
Exhibit C_9 - Martineek Herald’s Article of 19 December 2022.
10
Exhibit C_9 - Martineek Herald’s Article of 19 December 2022.
11
Exhibit C_10 - Asset Purchase Agreement of 24 December 2022.
12
Exhibit C_11 - Investor News article of 24 November 2022.

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IV. JURISDICTION OF THE ARBITRAL TRIBUNAL

160

29. Article 25(1) of the ICSID Convention provides that:

“The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an
investment, between a Contracting State (or any constituent subdivision or agency of a Contracting
State designated to the Centre by that State) and a national of another Contracting State, which the
165 parties to the dispute consent in writing to submit to the Centre. When the parties have given their
consent, no party may withdraw its consent unilaterally.”

30. Both Martineek and Albion are Contracting States to the ICSID Convention having acceded to the
Convention in February and June 1993 respectively, and Claimant is a national of Albion.

31. Martineek and Albion ratified the BIT on 28 June 2013. Article 12 of the BIT contains the standing
170 offer of each State Party to investors of the other State Party to resolve investment disputes by
means of arbitration under the ICSID Convention.

32. ©:

Article 12

2. In the event that such dispute cannot be settled as provided for in paragraph 1 of this Article
175 within three (3) months from the date of a written application for settlement, the investor in question
may submit at its choice the dispute for settlement to one of the followi©©:

[...]

c. the International Centre for Settlement of Investment Disputes (ICSID), for the implementation
of an arbitration procedure, under the Washington Convention of 18 March, 1965, on the Settlement
180 of Investment Disputes between State and National of other State, if this had entered into force for
both of the Contracting Parties to the dispute, or, alternatively, in accordance with the ICSID
Additional Facility Rules, if the Washington Convention has entered into force only for one the
Contracting Parties.

By submitting this Request for Arbitration, Claimant accepts Respondent’s standing offer to
185 arbitrate made in Article 12(c) of the BIT.

V. REQUEST FOR RELIEF

33. In light of the foregoing, as a preliminary indication of the relief sought, Claimant asks that the
Arbitral Tribunal:

190 i. DECLARE that the Sanctions Law is in violation of Article 5 of the Agreement on
Encouragement and Reciprocal Protection of Investments between the Republic of
Martineek and the Federation of Albion;
ii.ORDER Respondent to pay Claimant damages in the amount of the market value of its
frozen assets estimated as of 20 November 2022 and the difference between the payment
195 received for the sale of its sold assets and their market value estimated as of 20 November
2022, together with pre-award and post-award interest at a rate to be determined, as well
as any taxes payable on the awarded amount;
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iii. ORDER Respondent to bear the costs of these arbitration proceedings;

iv. ORDER any other appropriate relief that may be deemed proper in serving the ends of
200 justice.
34. Claimant hereby respectfully reserves its right to subsequently amend or supplement the reliefs
sought in this trial up to and including the oral stage.

VI. CONSTITUTION OF THE TRIBUNAL

205

35. Pursuant to Article 11 of the BIT, and Article 37 of the ICSID Convention, Claimant requests
ICSID to appoint a tribunal of three (3) arbitrators. Accordingly, Claimant herewith appoints, as
one of the arbitrators:

Tamara Guterman
210 Anasa Plaza, 311 Bond Avenue
KJ 8973
Tokata, Atlandia

36. In light of the above, DeLorean Technologies LLC respectfully requests the Secretary-General to
215 register this Request for Arbitration against the Republic of Martineek pursuant to Article 36(3)
of the ICSID Convention.

On behalf of Claimant

attn. Martha Black

220

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CLAIMANT’S EXHIBIT C1 - Blueprint of the MK-1 Beetle - Modular UGV

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CLAIMANT’S EXHIBIT C2 - Blueprint Variants of the MK-1 Beetle - Modular UGV

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CLAIMANT’S EXHIBIT C3 - Claimant’s Tax Compliance Certificate

225

This is to confirm that DeLorean Technologies LLC, Personal

Identification Number P011737492W has filed relevant tax
returns and paid taxes due as provided by Law.
This Certificate will be valid for twelve (12) months up to
230 31/12/2023.

235

Caveat: This certificate is issued on the basis of information available with the authority as at
the certificate date mentioned above. The Authority reserves the right to withdraw
240 the certificate if new evidence materially alters the tax compliance status of the
recipient.
Disclaimer : This certificate is system Generated and therefore does not require signature. You may confirm validity of
this certificate on the iTax Portal by using the TCC Checker. This certificate confirms your compliance status
for a period of five years preceding the date of issue. The certificate may however be with withdrawn on
245 grounds of outstanding debt affecting periods prior to this.

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CLAIMANT’S EXHIBIT C4 - Purchase Agreement of 8 June 2021

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CLAIMANT’S EXHIBIT C5 - Law Decree 134_2022 on Restrictive Measures against the

250 Federation of Albion

02.01.2023 Official Journal of the Republic of Martineek L 675

LAW DECREE 134/2022

255 of 30 December 2022

ON RESTRICTIVE MEASURES AGAINST THE FEDERATION OF ALBION

THE PRESIDENT OF THE REPUBLIC OF MARTINEEK,

Having regard to the joint understanding of the Heads of Future-Technology Partners Group
(“FTPG”) reached during the extraordinary meeting, which was held on 2 December 2022,

260 Having regard to the agreement reached at the Parliament’s session on 26 December 2022,

Finding the Albion is increasingly exploiting Martineek’s capital and resources to be further
used in military conflicts, including through the “Albion first” national strategy of obtaining
Martineek’s technologies,

Considering this to be a threat to peace and security in the region, as well as to national
265 interests, foreign policy, and economy of the Martineek,

Recalling that FTPG States have been called upon to apply enhanced due diligence and
effective countermeasures to protect their jurisdictions from the Albion illicit activity,

Encouraging FTPG States to adopt restrictive measures similar to those provided for herein,
in order to maximize their impact,

270 Respecting the right to an effective remedy and fair trial, the right to property, and the right
to the protection of personal data,

HAS ADOPTED THIS LAW DECREE:

Article 1

1. It shall be prohibited to sell, supply, transfer or export directly or indirectly to Albion

275 arms and related material of all types.

2. It shall be prohibited to engage in any transactions related to direct or indirect sale,

supply, transfer, or export of dual-use items for military use or to military end-users

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originating in FTPG States, as well as technologies and data on components used in such
items, with a legal person, entity or body owned or controlled directly or indirectly by
280 Albion nationals or entity established in Albion.

3. It shall be prohibited to provide technical or financial assistance related to goods and

technology set out in paragraph 2.

Article 2

1. The purchase or sale of provision of investment services for or assistance in the issuance
285 of, or other dealings with, “transferable securities” or money-market instruments with
respect to legal persons or entities listed in Annex I or persons or entities acting on their
behalf or at their direction shall be prohibited.

2. Transactions made by Martineek citizens or in Martineek are prohibited if they involve

transferring, paying, exporting, withdrawing, or otherwise dealing in the property or
290 interests in property of an entity or individual listed in Annex I.

Article 3

1. The funds and economic resources owned or controlled by any natural or legal person
listed in Annex I may not be dealt, modified, transferred, mortgaged, used or subjected to
any other action that would lead to any change in their volume, amount, ownership,
295 possession, or nature unless expressly authorized by this Law (hereinafter "the frozen
assets").

2. The frozen assets shall include but not be limited to: (1) financial assets, including
payment instruments, deposits with financial institutions, balances on accounts, publicly
and privately traded securities and debt instruments, including stocks and shares,
300 interest, dividends or other income on or value accruing from or generated by assets,
credit, claims on money, performance bonds, documents showing evidence of an interest
in funds or financial resources; (2) assets of every kind, whether tangible or intangible,
movable or immovable, which are not funds but may be used to obtain funds, goods or
services (i.e. economic resources).

305 3. Property and interests in property of individuals or entities directly or indirectly owned
by one or more targeted persons are considered blocked.

4. By way of derogation from paragraphs 2 and 3 the competent authorities, may authorise
the release of certain frozen funds or economic resources, if such funds or economic
resources are:

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310 a. necessary to satisfy basic needs,

b. intended exclusively for payment of reasonable professional fees or

reimbursement of incurred expenses associated with the provision of legal
services,

c. intended exclusively for payment for routine holding or maintenance of frozen

315 funds or economic resources, or

d. from an account of a diplomatic or consular mission or an international

organization.

Article 4

1. The measures imposed by Article 1(2) and Article 1(3) should not affect the exports of
320 dual-use goods and technology for non-military use and/or for non-military end-users.

2. Notwithstanding the prohibitions on the transactions listed in Article 1(2)(3),

Martineek’s Sanctions Review Board may authorise certain transactions provided that:

a. contracts for delivery of such items, technologies or assistance include

appropriate end-user guarantees; and

325 b. Albion has committed not to use or transfer such items, technologies, or
assistance for military advancement.

Article 5

1. For the purposes of this regulation, (a) “Ownership” implies possession of more than 50%
of the proprietary rights in a legal person or entity or having majority interest in it; (b)
330 “Control” implies having the right or exercising the power to appoint or remove a
majority of the members of the administrative, management or supervisory body of legal
person or entity; having the right to exercise a dominant influence over a legal person or
entity; controlling alone a majority of shareholders’ or members’ voting rights in that
legal person or entity.
335

[intentionally omitted]

Article 8
1. The measures referred to in this Law Decree shall be reviewed at regular intervals and at
least every 12 months.

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340 Article 9
1. This Law Decree shall enter into force on the date of its publication in the Official Journal
of the Republic of Martineek..

The President of the Republic of Martineek,

345 Erich Paul Remark

ANNEX I

[excerpt]

IDENTIFYING DATE OF
NAME REASONS
INFORMATION LISTING

[…]

13. DeLorean Technologies 112 Charles Street, Involvement in 30.12.2022

LLC Medtown, ME 2231 the “Albion First”
program;
Federation of
Involvement of the
Albion
Beetle vehicle in
the Wadaihi-
Karamanlean
conflict; export of
electronic
components that
were used to craft
military drones

[…] […] […] […] […]

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CLAIMANT’S EXHIBIT C6 - MK Robotics Press Release of 16 January 2022

350

MK Robotics repudiates the involvement of the MK-1 Modular Vehicle in military

conflicts

355 MK Robotics recognizes the importance of sincere and fair information disclosure, and
fulfils its responsibilities to investors, analysts and stakeholders. The company also
understands the necessity of establishing long-term relationships of trust, and of
earning the trust and esteem of its customers and partners. To achieve these goals, MK
Robotics continuously provides all information it deems essential.

360 We are grateful for the success of our project and to be recognized as a global leader
in the development of unmanned ground vehicles. This achievement was only possible
due to the faith of our developers, partners, stakeholders and to our customers that
purchased our vehicles thanks to confidence in our brand.

Our mission is to provide innovative solutions for challenging environments. Our drones
365 are made to fulfil a higher purpose – to improve lives. Despite our goal to develop
products for commercial and civil purposes, it is a regret that our vehicles are being
used in international armed conflicts. Particularly, the MK-1 modular vehicle, also
commonly known as the “Beetle”.

The Beetle vehicle is particularly popular overseas, and we are concerned about the
370 potential flow of vehicles from Martineek to certain regions where security regulations
are in place. We believe there is a risk of violating foreign law, and depending on the
export destination, it may lead to major problems that threaten global security.

Although it is impossible for the company to control indirect or illegal channels through
which our vehicles could be misappropriated, stolen or re-sold by independent third
375 parties, MK Robotics will make its best efforts to avoid the misuse of its vehicles. We
are committed to complying fully with the laws and regulations of each country or region
where we operate, and require our dealers and distributors to do the same.

Procedures and contractual commitments will be added to prevent our products from
being diverted for unauthorized military use. MK Robotics has decided to implement a
380 strict policy to not sell its unmanned vehicles to potential purchasers who may use or
modify them for military activities. Further, MK Robotics will implement a new policy
whereby buyers of the MK-1 modular vehicle have to sign a contract promising not to
resell the vehicle within a year. Pursuant to the terms of the contract, dealers will be
required to pay damages if their customers resell Beetles.

385 MK Robotics will support inquiries into international supply chains and the flow of capital
and goods to conflict zones.

MK Robotics reiterates that its operations follow the principles of continuous

improvement and respect for humanity. These principles boost productivity and foster
innovation. We want to lead the future, enriching lives around the world. We are

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390 committed to quality, ceaseless innovation, and to the protection of global welfare. We
will meet challenging goals by engaging the talent and passion of people who believe
there is always a better way.

We settled the following key elements of our corporate vision that reflect the future
strategic direction of the business:

395 I. Respect for the value of human life as top priority;

II. Global leadership in the civil and commercial use of unmanned drones;
III. Exceptional quality, innovation, and respect for the planet; and
IV. Engagement with talented and passionate partners that share our principles.

400 Contacts:
Media Relations Investor Relations
[email protected] [email protected]
For more information, please visit delorean-group.com

405

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CLAIMANT’S EXHIBIT C7 - Model of the end-user compliance statement included in

MK Robotics purchase agreements as of 20 January 2022

[…]

4. The items described in Section B [(drone or electronic component) with model number
(serial number)] supplied or serviced, by MK Robotics to (name of client):

a. shall only be used for the purposes described in section B [End-Use (business type) –
(specific activity)] and that the items are intended for final use in the country named in
Section A4 [name of the country];

b. shall only be used for civil, public, or commercial end-use;

c. shall not be used in any military activity or for military end-use;

[…]

e. shall not be used for any purpose connected with any illicit purposes, such as, but not
limited to, human rights violations;

[…]

5. Purchaser hereby agrees that it will not sell, offer to sell, or otherwise transfer any
ownership interest in the items prior to the first anniversary of the date hereof. Purchaser
further agrees that MK Robotics may seek injunctive relief to prevent the transfer of the
items or demand payment from Purchaser of all value received as consideration for the
sale or transfer;

6. This End-User Statement shall be construed and enforced in accordance with the laws
of the State of Albion. The parties expressly agree that the UN Convention on the
International Sale of Goods shall not apply to this Agreement.

[…]

410

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CLAIMANT’S EXHIBIT C8 - Twitter Statement of Head of Committee on International

Trade of 15 December 2022

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 FDI Moot™ CENTER FOR INTERNATIONAL LEGAL STUDIES

415 CLAIMANT’S EXHIBIT C9 – Martineek Herald Article of 19 December 2022

VOL. XXIX NO. 83 MONDAY, DECEMBER 19, 2022

MARTINEEK HERALD
RELIABLE EVERYDAY NEWS SINCE 1965

420
PANIC
...is what happens currently on the market after a statement made by
Bail Organa confirmed rumors circulating for the last weeks - the
sanctions are close and investors know it. But what can they do?
It was a bold move by the Head of the
Committee on International Trade. In
a Tweet posted three days
agoyesterday, Bail Organa, a
prominent and influential politician of
Nation's Voice, confirmed long-
standing rumors of upcoming sanctions
on dual-use technologies branch,
causing a panic among investors on the
stock market. The tweet sent
shockwaves throughout the financial
world as traders and investors
scrambled to react to the news.
tech company in Martineek. More companies
The details of the sanctions have yet to
consider selling their assets in fear of sanctions,
be released, but the mere confirmation
including such players as MK Robotics.
of their existence has already had a
significant impact on the market. Since The statement of Organa was issued after weeks
the statement of Organa went public, of investors, market experts, and lawyers
multiple companies are frantically anticipating the possibility of sanctions. Though
selling their assets, leading to sharp no draft legislation was published yet, it seems
drops in value across various that sanctions are inevitable now as Martineek
industries. The sudden influx of sell Herald received a confirmation of the plans for
orders has caused a volatile situation in the decisions on sanctions from a different
the stock market, as prices fluctuate influential politician of Nation's Voice, who
rapidly in response to the news. intends to remain anonymous.
Among the companies that panic sell Organa's words sparked intense speculation and
their assets are such technological concern among market analysts, who are now
giants as Telcomo INC, Aviano Tech closely monitoring the situation and trying to
and even Bailey Motors – the biggest gauge the full impact that the sanctions will
have on the economy.

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CLAIMANT’S EXHIBIT C10 - Asset Purchase Agreement of 24 December 2022

ASSET PURCHASE AGREEMENT

425 AMONG

MK ROBOTICS SRL
(SELLER)

430 AND

MIMIC TECH LLC

(BUYER)

435 DECEMBER 24, 2022

This Asset Purchase Agreement (“Agreement”) is made and

effective as of the 24 December 2022 (“Effective Date”) by
and between Mimic Tech LLC, with a principal address of 28
440 Sykes Street, Waleston, WS 1032 Federation of
Albion (“Buyer”), and MK ROBOTICS SRL, with a principal
address of 09675 Fratti Street, 73 Republic of Martineek
(“Seller”).

WHEREAS, Buyer wishes to buy and Seller wishes to sell

445 to Buyer the Assets (as hereinafter defined); and

WHEREAS, the parties wish to memorialize the terms and

conditions of the purchase and sale of the Assets in a written
agreement.

NOW, THEREFORE, for and in consideration of the terms

450 and conditions provided below and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, each of the parties hereto hereby agree as
follows:

455 1. Sale and Purchase of Assets. At the “Closing” as

hereinafter defined and subject to the terms and
conditions of this Agreement, Seller agrees to sell,
and Buyer agrees to purchase all of the following assets
related to the “MK-1 Beetle” manufacturing branch owned
460 by Seller as more specifically defined below
(collectively, the “Assets”):

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 FDI Moot™ CENTER FOR INTERNATIONAL LEGAL STUDIES

(a) real property listed in Schedule 1 [not

reproduced for confidentiality reasons]
including buildings, structures, improvements
465 and fixtures located thereon;

(b) machinery, equipment, tools and other items as

listed in Schedule 2 [not reproduced for
confidentiality reasons];

(c) inventories and supplies of raw materials,

470 works-in-process, finished goods;

(d) rights and incidents as of the “Closing” in (i)

contracts for the purchase or sale, supply or
provision, of merchandise, steam, materials,
energy supplies or services, including
475 operating, land management and resource
management; (ii) contracts for the purchase or
lease of equipment or computer hardware; (iii)
contracts relating to franchise,
distributorship or sale agency arrangements;
480 (iv) personal property leases; (v) computer
software licenses; (vii) all open purchase and
sales orders;

(e) trade accounts and notes receivable arising out

of the sale or other disposition of goods or
485 services;

(f) deferred and prepaid charges;

(g) cash equivalents, letters of credit or other

forms of security used to secure workers’
compensation obligations.

490 2. Excluded assets. For greater certainty and

transparency, Seller and Buyer jointly confirm that all
assets, business lines, properties, rights, contracts
and claims of Seller or any Subsidiary, including but
not limited to the list below, are not subject of the
495 agreement and their ownership is not transferred:
(a) manufacturing know-how employed by Seller, including
intellectual property licenses;

(b) cash, cash equivalents, bank deposits, investment

accounts other than workers’ compensation security
500 referred to in 1(g);

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 FDI Moot™ CENTER FOR INTERNATIONAL LEGAL STUDIES

(c) Seller’s right, title and interest in trademarks,

trade name, logos thereto, together with all patents
and invention records listed on Schedule 3 [not
reproduced for confidentiality reasons];

505 (d) claims, defenses, causes of action, choses in action

or claims of any kind that are available to or being
pursued by Seller or any of its subsidiaries whether
as plaintiff, claimant, counterclaimant or
otherwise;

510 (e) books and records, files, papers, disks, plans,

catalogues, sales and promotional materials,
supplier and customer lists, price lists, historical
research, environmental and engineering data and all
other printed and written materials related to the
515 Business.

(f) any other assets business lines, properties,

rights, contracts and claims of Seller or any
Subsidiary, unrelated to the “MK-1 Beetle”
manufacturing brunch owned by Seller.

520 This Agreement constitutes a sale of certain assets of Seller

only and is not a sale of any stock in any entity comprising
of all or any part of the Seller or a sale of any assets not
explicitly included in Schedules 1-3. Buyer is not assuming
and shall not be responsible for the payment of any
525 liabilities or obligations of the Seller or the shareholders
of Seller whatsoever, including but not limited to any
collective bargaining agreement or other agreement,
benefits, plans or arrangements affecting employees or
suppliers.

530

3. Purchase Price. Buyer shall pay the Seller, as the total

purchase price for the Assets an amount equal to Twenty-
Five Million Four Hundred Eighty Thousand Dollars
($25.480.000,00) (“the Purchase Price”). The Purchase
535 Price shall be paid to Seller as follows:

-$5.000.000,00 as a deposit paid on December 26, 2022

-$20.480.000,00 balance paid on January 31, 2023.

The balance of the Purchase Price shall be paid in

immediately available funds.

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540 [intentionally omitted]

4. Closing. The consummation of the transaction described

in this Agreement (the “Closing”) shall take place on
or before December 24th, 2022, (the “Closing Date”), at
the principal business office of Buyer or Buyer’s
545 attorney or other designee, or on such other date and
location as shall be mutually agreeable to Buyer and
Seller. At the Closing, Seller shall evidence the
transfer of title of the Assets, and Buyer shall deliver
the Purchase Price as provided above.
550
[intentionally omitted]

5. Miscellaneous.

555 a. Casualty prior to Closing. If prior to Closing Date

any of the Assets shall be damaged by any casualty, the Buyer
shall have the option (i) of terminating this Agreement
without liability, or (ii) to waive diminution in value and
close under this Agreement, buying the Assets “as is,” in
560 which event the Buyer shall be entitled to receive the
proceeds of any insurance paid to Seller by reason of such
loss or damage.

b. Governing Law. This Agreement shall be construed and

565 enforced in accordance with the laws of the State of Albion.
The parties expressly agree that the UN Convention on the
International Sale of Goods shall not apply to this
Agreement.

570 c. Effect of Agreement. This Agreement sets forth the

entire understanding of the parties. It shall not be changed
or terminated orally. All the terms and provisions of this
Agreement shall be binding upon and inure to the benefit of
and be enforceable by the successors and assigns of the
575 parties.

d. Severability. If any provisions of this Agreement

shall for any reason be held invalid, then the invalidity of
such specific provision shall not be held to invalidate any
580 other provisions of this Agreement which shall, therefore,
remain in full force and effect.

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e. Notices. Any notice or other communications required

or permitted hereunder shall be sufficiently given if sent
585 by hand delivery, facsimile transmission, overnight mail or
registered or certified mail, postage prepaid, with return
receipt requested, addressed as follows:

[intentionally omitted]
590
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the date first above written.

BUYER
595
Mimic Tech LLC
an Albion Limited Liability Company

By: /s/ Kimberly Wexler

600 Name/Title: Kimberly Wexler/Manager

SELLER

MK ROBOTICS SRL
605 a Martineek Limited Liability Company

By: /s/ Gustavo Fring

Name/Title: Gustavo Fring/Chairman of the
Board
610

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CLAIMANT’S EXHIBIT C11 - Investor News article of 24 November 2022

STOCK MARKET

615

MK Robotics’ valuation growing steadily after a

successful Q3
BEN SAVORY
10:11 AM ET 24/11/2022

620

The champagne has been popping in the MK Robotics’ headquarters as the recent
reports as of 20 November 2022 show that the projected profits of the iconic automotive
company are steadily growing after a successful third quarter. The current valuation of
MK Robotics’ is $91.000.000 with further expectations of increase in the upcoming
625 months.

According to recent financial reports, MK Robotics’ Q3 sales and profits have exceeded
expectations, with the company reporting a significant increase in both domestic and
international sales. This has led to a surge in the company’s stock price, with investors
taking notice of MK Robotics’ renewed success and strong financial outlook.

630 MK Robotics’ Q3 performance is being attributed to a number of factors, including the

company’s recent launch of a new commercial drone model, as well as securing several
contracts with state entities for the purchase of its equipment.

"We are thrilled to see such strong growth in our business," said MK Robotics CEO John
Demarco. "We have always believed in the potential of our brand and our products, and
635 it's gratifying to see that belief being reflected in our financial performance."

With its growing valuation and strong financials, MK Robotics’ is well-positioned for
continued success in the coming years. The company plans to continue investing in
research and development, as well as expanding its manufacturing capabilities, in order
to meet the growing demand for its automotives.

640 "We are excited to see where this growth takes us in the future," Demarco said. "We look
forward to continuing to innovate and push the boundaries of what’s possible in the
automotive industry."

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THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT

DISPUTES
645

650
DELOREAN TECHNOLOGIES LLC

Vs.

655 THE REPUBLIC OF MARTINEEK

_______________________________________________________________
RESPONSE TO THE REQUEST FOR ARBITRATION
660 5 June 2023
_______________________________________________________________

665

Respondent
Ministry of Justice of the Government of Martineek
Oloitoktok Road, Government Lane
670 5 3841,
Siaya, Martineek

Counsel for Respondent

675 Dumbledore, Black & Partners
1207, Kingdom of Narnia, Ville de la Liberté,
Chemin Ilya Yashin, 7

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680 I. INTRODUCTION
1. This Response to Claimant’s Request for Arbitration (the “Response”), together with its
Exhibits, is submitted on behalf of the Republic of Martineek (“Respondent”).

2. In this Response, unless otherwise stated, Respondent adopts the abbreviations used in
Claimant’s Request for Arbitration. Unless otherwise stated, capitalised terms shall have the
685 meanings given to them in the Request.

3. Unless expressly admitted, each paragraph of the Request is denied by Respondent.

II. RESPONDENT’S POSITION ON JURISDICTION

4. Respondent respectfully submits that the Tribunal lacks jurisdiction to adjudicate this dispute
because Claimant has no protected investment under the BIT.

690 5. The parties to the BIT have explicitly conditioned the making of a legitimate investment upon
satisfaction of the legality requirement contained in the BIT. Thus, the investment shall be
made in accordance with all laws and regulations in force in the host state. It follows, therefore,
that absent fulfilment of this requirement, there is no legitimate investment in a host state, and
an arbitral tribunal shall lack the jurisdiction to entertain any claim brought under such
695 circumstances.

6. Claimant’s investment was not made in accordance with internal laws as it did not comply
with the authorisation requirement of the Dual-Use Regulation.1

7. Article 28 of the Dual-Use Regulation provides that:

Any natural or legal person who carries out the activities described herein,
700 shall apply for authorisation of any transaction with a foreign person or
entity that results in a change in ownership or control of the company, or
transfer of assets as listed in paragraph 1 (a) of Article 2, to the Council of
Ministers before the transaction is made, along with any relevant
information on the proposed acquisition, the purchaser, and the scope of
705 operations.
8. The acquisition of 100% shares in a Martineek company engaged in the exportation of several
dual-use items - MK Robotics – by Claimant’s company, was not authorised by the
government as required by Article 28 of the Dual-Use Regulation.

9. The foreign investor shall adopt an adequate level of due diligence to ensure compliance with
710 host State laws while making the investment. In spite of this, Claimant did not conduct any
due diligence, ignoring a forged authorisation to sell shares provided by the previous owner
of MK Robotics - Dr. Farnsworth. Despite evidence, Claimant failed to realize this serious

1
Exhibit R_1 - Law Decree 53/2007 on the control of foreign trade in defence and dual-use material.

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misconduct. The evidence includes that Dr. Farnsworth already had a criminal record for
falsifying documents; no authorisation record exists in official databases; and the authority
715 signing the authorisation decision never applied an electronic signature, as was stated in the
document provided by Dr. Farnsworth.2

10. Thus, Claimant’s investment was not made in accordance with the law of the host State, and
Claimant has no protected investment under the BIT.

11. Based on these grounds, the arbitral tribunal lacks jurisdiction to hear any dispute between
720 Claimant and Respondent or any complaints which Claimant purports to have in relation to
Respondent.

III. MERITS OF THE DISPUTE

12. Over the past two years, Respondent and its allies faced a twofold increase in investment flows
from companies incorporated in Albion, that are taking over innovative entities in the field of
725 technology, pushing technology transfer, and cornering the market for cutting-edge
technologies and know-how, leading to public concerns. According to the results of the Young
& Coopers Report, Martineek’s economy is negatively affected by investments from Albion
because sooner or later these investments will squeeze out small local shareholders in high-
tech companies.3

730 13. Despite indeed welcoming the technological development initiative of Albion, the home State
of Claimant, the “Albion first” program raises concerns for the internal and international
stability of critical technologies leakages and the use of tech components of FTPG companies
in military conflicts. According to the Global Armament Review, several Albionese
companies acquired dual-use goods from FTPG’ companies that ended up in the Avaikian
735 Republic, an embargoed country.4

14. Further, these acquisitions of drone technology and components from FTPG’ companies were
affected at the same time that Albion launched its own program to develop drones for defence.
Albion partnered in a joint military venture with the Avaikian Republic and its companies to
create a military Unmanned Aerial Vehicle (“UAV”).5

740 15. Claimant’s investment manufactured dual-use goods that were used for military purposes. The
following actions purported under Claimant’s control of MK Robotics prove the involvement
of Claimant in business related to military goods.

2
Exhibit R_2 - Results of the Joint investigation on the MK Robotics former owner.
3
Exhibit R_3 - Young & Coopers Report of 19 December 2021, YC 15/2021.
4
Exhibit R_4 - Global Armament Review - Inspecting Awbari drones: FTPG Technology findings of 28
November 2022.
5
Exhibit R_5 - VaryalëNews - Successful first flight of the Qertel-ASP UAV of 27 November 2022.

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16. Firstly, the use of the MK-1 UGVs in the Wadaihi-Karamanlean conflict. This event was so
impactful to the war theatre that the conflict was dubbed the “Beetle Wars”.6

745 17. Secondly, Claimant’s electronic components were used to manufacture UAVs used in Awbari
militia attacks.7 This occurred because drone components produced in Martineek were resold
and ended up in the Avaikian Republic where they were used to manufacture UAVs. These
trades were conducted by Albionese companies that purchased the goods from MK Robotics
and Claimant.

750 18. While no sanctions were planned to be introduced by Respondent during most of December
2022, which is evidenced by the minutes of the Parliament’s Standing Committee on National
Defence of Martineek meeting on 23 December 2022,8 the situation changed just two days
later. On 25 December 2022, a drone strike in the Wadai Sultanate killed 14 civilians and
caused serious injury to over 50 people. The investigation launched on 26 December 2022
755 showcased that debris of FTPG tech components produced in Martineek were present at the
place of the strike. Urged by the public outcry and protests calling the region to react,
Respondent undertook measures to impose sanctions that aimed to limit the escalation of
violence.

19. On 27 December 2022, at an extraordinary meeting of the Martineekean Parliament, it was

760 decided that sanctions were indeed necessary to stop the leakage of technologies crucial to the
State’s national interests and to prevent their further use in military conflicts.9 By enacting the
Sanctions Law, Respondent imposed protective measures that are, by nature, not supposed to
deprive the targeted investor of its assets. The motivation for the sanctions was expressed by
the Department of the Treasury.10

765 20. Moreover, the BIT recognizes the freedom of a State to protect its national interest and
Screening Law 24/2022, identifies the high-tech sector as a key strategic interest of the State.
Respondent has the discretion to adopt measures to prevent any threat to its national interests.

IV. ALLEGED DAMAGES

21. In response to Claimant’s compensation claims, Respondent strongly rejects any alleged
770 responsibility for Claimant’s financial incompetence. At the time of sale of assets, the
investment was not impacted by sanctions in any way. Sanctions were not even planned yet,

6
Exhibit R_6 – Varyalë News Article “UGVs shape modern warfare in the Wadaihi-Karamanlean conflict:
the “Beetle War” of 12 January 2022.
7
Exhibit R_4 - Global Armament Review - “Inspecting Awbari drones: FTPG Technology findings” of 28
November 2022.
8
Exhibit R_7 - Minutes of the Parliament meeting of 23 December 2022.
9
Exhibit R_9 - Press Release of Parliament of Martineek of 27 December 2022.
10
Exhibit R_9 - Statement of the Secretary of the Treasury Paul Bäumer of 30 December 2022.

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as evidenced by official records.

22. Claimant’s involvement in the Wadaihi-Karamanlean conflict resulted in heated political

debate both in Albion and Martineek. Since the beginning of December 2022, multiple
775 politicians, journalists, and influencers have expressed their opinions on how the governments
should proceed. No government representative of Martineek has ever made any statement
regarding a possible course of actions, simply because no such plans were considered up until
27 December 2022, where the sanctions were jointly proposed by representatives from all
parties in the Martineekean parliament.

780 23. However, as the media and the market are governed by their own rules, rumours floated around
and other public figures spoke up. Amongst them were multiple politicians from the ruling
and the opposition parties, who presened their own personal views. One of them was Mr. Bail
Organa, member of the Nation’s Voice party, who on 15 December 2022 supported the vague
idea of sanctions. However, it was his own opinion, which he stated clearly in a TV interview
785 the next day. Additionally, the statement was officially and loudly denounced by the leader of
the Nation’s Voice party, Mr. Howard Hamlin, on 17 December 2022 during a press
conference. Mr. Hamlin stated, “Mr Organa's statement was his personal opinion, currently
the government does not plan to introduce any specific actions related to sanctions”.

24. In any case, the statement of Mr. Organa was his own opinion not made in an official
790 governmental capacity and should not be attributed to Respondent itself.

25. The lack of any intention to introduce sanctions is evidenced by the minutes of the
Parliament’s Standing Committee on National Defence of Martineek meeting that took place
after Claimant sold its assets, on 23 December 2022. The minutes showcase that in response
to the question about possible sanctions asked by one of the members of the Parliament, the
795 Chair stated that “no sanctions or equivalent measures are being considered by the
Government and the Government’s stance on this matter has not change”.11

26. Despite Respondent’s efforts to limit misinformation, the false report of planned sanctions
circulated on the market, enabled by speculators and people hoping to create chaos. Their
actions resulted in Claimant following these rumours by selling its assets on 24 December
800 2022.

27. Even if the Tribunal were to find Respondent in any way liable, the market value of Claimant’s
investment should be assessed at the time of the sale, being 24 December 2022. Therefore, no
compensation is due from Respondent in any case.

11
Exhibit R_8.

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V. PROCEDURAL MATTERS
805 28. Respondent agrees that the Tribunal should consist of three arbitrators.

29. Respondent nominates Dr. Xenon Bloom to serve as an Arbitrator, whose details are as
follows:

Dr. Xenon Bloom,

Mart-Re House,
810 Kabarsiran Avenue,
9 2278,
Iten, Hans.

VI. RELIEF SOUGHT

30. Respondent respectfully requests the Arbitral Tribunal to:

815 i. DECLARE that the Tribunal lacks jurisdiction over the dispute because Claimant
does not have a protected investment under the BIT and dismiss Claimant’s
claims;

ii. In the event the Tribunal finds that it has jurisdiction over the dispute, DECLARE
that Respondent’s actions do not amount to expropriation of Claimants’
820 investment within the meaning of Article 5 of the BIT and reject Claimant’s
claims;

iii. ORDER that even if the Tribunal deems Respondent liable for a breach of Article
5 of the BIT, the relevant date of valuation of Claimant’s assets for the purposes
of establishing their fair market value is the date of the sale and with regard to the
825 assets that were not sold by Claimant, Claimant still remains their sole owner,
therefore no damages should be awarded; in any case no taxes payable on the
awarded amount should be awarded.

iv. ORDER Claimant to compensate all costs and fees incurred by Respondent in
relation to the proceedings.

830 31. Respondent reserves its right to further develop its arguments.

On behalf of Respondent
Advocate Dr. Zan Zendegi

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835 RESPONDENT’S EXHIBIT R1 - Law Decree 53/2007 on the Control of Foreign Trade in
Defence and Dual-Use Material

29.12.2007 Official Journal of the Republic of Martineek L 425

840

LAW DECREE 53/2007

of 28 December 2007

ON THE CONTROL OF FOREIGN TRADE IN DEFENCE AND DUAL-USE MATERIAL

THE PRESIDENT OF THE REPUBLIC OF MARTINEEK,

845 Considering the necessity to bring its legislation into line on the external trade in defence
equipment and dual-use products and technologies,

Considering the increasing complexity of international trade in defence equipment and dual-
use goods and technologies that makes it necessary for the Government authorities to take
decisive action in order to respond effectively to public concerns and the various
850 commitments that Martineek makes in this field,

Considering the political and social demand for control of the trade in defence material and
dual-use goods and technologies,

Respecting the legitimate interests in legal arms trade necessary for national defence and
law enforcement activities,

855 Recalling that Martineek has a duty to ensure that its exports are consistent with existing
commitments, in accordance with international law and are done in a way that guarantees
that such exports do not promote the violation of human rights, fuel armed conflict or
contribute significantly to poverty,

Considering that the arms trade is increasingly globalised, including with final assembly from
860 components produced in other countries, the delocalisation of final production, the
emergence of non-traditional exporting countries subject to fewer controls and that the
proliferation of such trade in countries where human rights are not respected and which are
subject to arms embargoes, makes it necessary for the international community to make an
effort to control the arms trade and establish new international standards.,

865 HAS ADOPTED THIS DECREE:

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Article 1

1. The purpose of this Law is to contribute to better regulation of the foreign trade in
defence material, and dual-use goods and technologies, and other related material to
870 prevent their diversion to illicit markets and to combat their proliferation, while
complying with international commitments and guaranteeing the general interests of
national defence and foreign policy.

2. For these purposes, the Law regulates the transfer of defence material, dual-use goods
and technologies, other related material, including those carried out in free zones and
875 warehouses and the linking to the customs warehousing regime, as well as brokerage,
licensed production agreements and technical assistance.

3. The provisions of this Law shall apply to any natural or legal person who habitually or
occasionally carries out on the territory of the Martineek Republic the activities
described herein, in relation to the transfer of materials, goods or technologies subject
880 to control.

Article 2

1. For the purposes of this Law, the following definitions shall apply:

a. ‘dual-use items’ means items, including software and technology, which can be
used for both civil and military purposes, and includes items which can be used
885 for the design, development, production or use of nuclear, chemical or biological
weapons or their means of delivery, as well as all items which can be used for
both non-explosive uses and assisting in any way in the manufacture of nuclear
weapons or other nuclear explosive devices;

b. ‘export’ means:

890 i. an export procedure within the meaning of Article 160 of the Customs Code;

ii. a re-export within the meaning of Article 161 of the Customs Code; or

iii. transmission of software or technology by electronic media, including by fax,

telephone, electronic mail or any other electronic means to a destination outside
the customs territory of Martineek; it includes making available in an electronic
895 form such software and technology to natural or legal persons or to
partnerships outside the customs territory of Martineek; it also includes the oral
transmission of technology when the technology is described over a voice
transmission medium;

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c. ‘exporter’ means:

900 i. any natural or legal person or any partnership that, at the time when the export
declaration or the re-export declaration or an exit summary declaration is
accepted, holds the contract with the consignee in the third country and has the
power to determine the sending of the items out of the customs territory of
Martineek; where no export contract has been concluded or if the holder of the
905 contract does not act on its own behalf, exporter means the person who has the
power to determine the sending of the items out of the customs territory of
Martineek; or

ii. any natural or legal person or any partnership that decides to transmit
software or technology by electronic media, including by fax, telephone,
910 electronic mail or by any other electronic means to a destination outside the
customs territory of Martineek or to make available in an electronic form such
software and technology to natural or legal persons or to partnerships outside
the customs territory of Martineek. Where the benefit of a right to dispose of the
dual-use item belongs to a person resident or established outside the customs
915 territory of Martineek pursuant to the contract on which the export is based, the
exporter shall be considered to be the contracting party resident or established
in the customs territory of Martineek;

d. ‘technical assistance’ means any technical support related to repairs,

development, manufacture, assembly, testing, maintenance, or any other
920 technical service, and may take forms such as instruction, advice, training,
transmission of working knowledge or skills or consulting services, including by
electronic means as well as by telephone or any other verbal forms of assistance;

e. […]

f. ‘individual export authorisation’ means an authorisation granted to one specific

925 exporter for one end-user or consignee in a third country and covering one or
more dual-use items;

g. ‘global export authorisation’ means an authorisation granted to one specific

exporter in respect of a type or category of dual-use items which may be valid
for exports to one or more specified end-users and/or in one or more specified
930 third countries;

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Article 3

1. An administrative authorisation shall be required for the export of dual-use items listed
in Annex I.

2. Pursuant to Article 4, 5, 9 or 10, an authorisation may also be required for the export to
935 all or certain destinations of certain dual-use items not listed in Annex I.

3. Applications for authorisation shall be accompanied by the control documents, with the
necessary inclusion of non-re-export clauses, to be determined by regulation, so as to
ensure sufficient guarantees that the destination and end use of the materials, products
and technologies comply with the limits of the corresponding authorisation.
940 Applications for authorisations shall also include information on the countries of transit
and methods of transport used. This information shall be extended in brokering
operations to the financing used.

4. For each authorisation, the desirability of establishing mechanisms for verification,

monitoring and collaboration between governments shall be assessed.

945 Article 4

1. An authorisation shall be required for the export of dual-use items not listed in Annex I
if the exporter has been informed by the competent authority that the items in question
are or may be intended, in their entirety or in part:

a. for use in connection with the development, production, handling, operation,

950 maintenance, storage, detection, identification or dissemination of chemical,
biological or nuclear weapons or other nuclear explosive devices or the
development, production, maintenance or storage of missiles capable of
delivering such weapons;

b. for a military end-use if the purchasing country or country of destination is

955 subject to an arms embargo; for the purposes of this point, ‘military end-use’
means:

i. incorporation into military items listed in the military list;

ii. use of production, test or analytical equipment and components therefor, for
the development, production or maintenance of military items listed in the
960 military list; or

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iii. use of any unfinished products in a plant for the production of military items
listed in the military list;

c. for use as parts or components of military items listed in the national military
list that have been exported from the territory of Martineek without
965 authorisation or in violation of an authorisation.

2. Where an exporter is aware that dual-use items which it proposes to export, not listed
in Annex I, are intended, in their entirety or in part, for any of the uses referred to in
paragraph 1 of this Article, the exporter shall notify the competent authority. That
competent authority shall decide whether or not to make the export concerned subject
970 to authorisation.

3. All exchanges of information required pursuant to this Article shall take place in
accordance with the legal requirements concerning the protection of personal
information, commercially sensitive information or protected defence, foreign policy or
national security information. Such exchanges of information shall be made via secure
975 electronic means.

Article 5

1. The Ministry of Trade and Industry has the right to annul an export authorisation or to
modify the terms of it if any information provided in the application has been found
incorrect or if any circumstances have changed after the authorisation was granted so
980 that international commitments or obligations binding on Martineek call for such a
measure.

[intentionally omitted]

Article 9
985 1. Penalties for actual or attempted intentional violations of any provisions contained in
or issued under sections articles 3 and 4 of this Law are imposed in chapter 46, sections
1 - 3 of the Penal Code.

2. Any person who out of inadvertence fails to meet his notification obligation under
section article 4(2), shall be liable, for omission to notify export of dual-use goods, to
990 fines or to imprisonment.

3. An authority can refrain from proceeding to action against a suspect, if the act, with
regard to its negative impact and the guilt of the culprit as apparent from the act, can be

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judged insignificant as a whole and if public interest does not require proceedings to be
instituted.
995
[intentionally omitted]

Article 16
1. The competent authority acting in accordance with this Law, may refuse to grant an
export authorisation and may annul, suspend, modify or revoke an export authorisation
1000 which it has already granted.

[intentionally omitted]

Article 27
1. Exporters of dual-use items shall keep detailed registers or records of their exports, in
1005 accordance with the law or practice in force in Martineek. Such registers or records shall
include in particular commercial documents such as invoices, manifests and transport
and other dispatch documents containing sufficient information to allow the following
to be identified:

a. a description of the dual-use items;

1010 b. the quantity of the dual-use items;

c. the name and address of the exporter and of the consignee;

d. where known, the end-use and end-user of the dual-use items.

2. The registers or records and the documents referred to in paragraph 1 shall be kept for
at least five years from the end of the calendar year in which the export took place. They
1015 shall be produced, on request, to the competent authority.

Article 28

1. Any natural or legal person who carries out the activities described herein, shall apply
for authorisation of any transaction with a foreign person or entity that results in a
1020 change in ownership or control of the company, or transfer of assets as listed in
paragraph 1 (a) of Article 2, to the Council of Ministers before the transaction is made,
along with any relevant information on the proposed acquisition, the purchaser, and the
scope of operations.

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1025
The President of the Republic of Martineek,

Wolfgang Borchert

1030

ANNEX I - THE DUAL-USE ITEM LIST

[intentionally omitted]

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1035 ANNEX II - THE DUAL-USE ITEM WATCH LIST FOR CONVENTIONAL WEAPON

CATCH-ALL CONTROLS

The items listed in the figure below are examples of those which do not fall under the List
controls, but which have a particularly strong possibility of being used for the
development, and proliferation, of conventional weapons.

1040 Particularly careful screening is required before exporting or transferring these items to
ensure that they will not be diverted to uses of concern.

As of 22 February 2022

Items

Ni or Ti alloy Electronic computers or components thereof

Sintered magnet Telecommunication transmission equipment or

components thereof

Equipment to manufacture item 2 Phased array antennas

above, or parts thereof

Hydraulic fluids containing Telecommunication jamming equipment or

phosphate/cresol ester, tris components thereof
(dimethylphenyl) phosphate, or
trinormalbutyl phosphate

Organic fiber, carbon fiber, or Position detecting equipment using electromagnetic

inorganic fiber interference observation technology without sending
out electromagnetic waves such as radio waves

Bearings or components thereof 16. Optical detectors, coolers therefore, or

equipment using optical detectors

Machine tools listed below, or Optical fibers for use in sensors

components thereof

(a) Numerically controlled machine

tools

(b) Machine tools for generating

optical quality surfaces (excluding
numerically controlled machine tools)

(c) Dimensional inspection or

measuring system (including machine
tools having such capabilities)

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Secondary cells Laser oscillators or components thereof

Waveform digitizers Magnetometers, underwater electromagnetic field

sensors, magnetic gradiometers, or components
thereof

10. Electronic parts mounting robots Gravity meters

Radars or components thereof Accelerometer or components thereof

Gyroscopes or components thereof Inertial navigation systems, other equipment using

inertial forces, or components thereof

Gyro-astro compasses, devices that Underwater cameras or components thereof

derive position or orientation by
means of automatically tracking
celestial bodies or satellites,
electromagnetic wave receivers for
global navigation satellite systems,
components thereof, or airborne
altimeters

Air-independent power systems Self-contained diving equipment (open-circuit types)

or components thereof

Gas turbine engines or components Rocket propulsion systems or components thereof

thereof

Equipment for the manufacture of the Air vehicles or components thereof

items listed in 29) or 30) above or
components thereof

Vibration testing equipment, wind Flash X-ray machines

tunnels, environmental testing
equipment for the development or
testing of rockets or air vehicles, or
components thereof

1045

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RESPONDENT’S EXHIBIT R2 - Results of joint investigation on MK Robotics former

owner

1050

Press release

The Council of Ministers of Martineek Republic

1055

and

Financial and Economic Crimes Commission

1060 Results of Joint investigation

The Council of Ministers of the Martineek Republic together with the

Financial and Economic Crimes Commission has completed an investigation
into Dr. Farnsworth, the former owner of the MK Robotics SRL, Fratti Street,
1065 73 Republic of Martineek.

The investigation revealed that while being the majority shareholder of MK

Robotics from 2018 to 2020, Dr. Farnsworth had fabricated corporate
documents and governmental permissions, including licenses, sales
authorisations and Board of Directors decisions to avoid taxes, regulatory
1070 compliance, misrepresent financial information to secure loans and conceal
transactions.

The copies of documents found during the investigation revealed the forged
governmental approval of 100% shares sale of MK Robotics to the foreign
investor DeLorean Technologies LLC (112 Charles Street, Medtown, ME 2231,
1075 Federation of Albion) in 2020, that has never been authorised by the Council
of Ministers.

All fabricated documents were created by copying official wording and

replacing the names of the counterparties, as well as substituting the

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original hand signatures with electronic ones. As evidence of this fraudulent

1080 activity, the Council of Ministers and the Financial and Economic Crimes
Commission present the following example of a signature used by Dr.
Farnsworth:

As a result of the investigation, Dr. Farnsworth has been found to have

1085 committed a criminal offense, criminal prosecution has already started.

The Financial and Economic Crimes Commission will continue to investigate

and prosecute any individuals or companies engaging in fraudulent
activities: “We remind the public that fabricating documents is a serious
crime and will not be tolerated”.

1090

The Council of Ministers of Martineek Republic

Secretariat

1095 30 November 2022

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RESPONDENT’S EXHIBIT R3 - Young & Coopers Report of 20 December 2021

1100 YOUNG & COOPERS REPORT SERIES

Martineek, 20.12.2021, YC 20/2021

Second Annual Report on FDI inflows in the Future-

Technology Partners Group (FTPG) countries

1105 [- Report extract-]

1. The Report is based on an empirical analysis of FDI inflows from 2018

to 2021 and provides transparency around operations involving
foreign capital in the FTPG countries (“Annex 1”), including data on
1110 the origin of investments and targeted economic sectors (“Annex 2”).

2. When making forecasts, the report relies on investors’ official

statements, financial plans, government policy documents and reports
by 4 FTPG countries.

3. It contributes to the accountability of the FTPG in an area where, given

1115 the security interests at stake, transparency regarding individual
transactions is neither possible nor appropriate.

[intentionally omitted]

5. Conclusions:

● In 2021, FDI inflows rebounded from COVID-19 and reached record

1120 growth as compared to 2020.

● The upward trend in cumulated inflows of foreign transactions in the

FTPG confirms the openness of FTPG countries to foreign

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investments, despite the slow-down caused by the COVID-19

pandemic, with an average rise of acquisitions.

1125 ● Martineek companies were at the centre of takeovers, with 33

completed FDI deals in 2020 and 50 in 2021. Initially these companies
owned around 4% of the voting rights in major high-tech companies,
but that total is currently about 35% of all shares across all companies
in the sector.

1130 ● Year-on-year data by foreign jurisdiction shows an increase in

investment flows from Albion and Atlandia companies targeting the
region's high-tech and energy sectors respectively.

● Strict Albion capital control and the concentration of investment

activities in core industry sectors negatively influenced Martineek’s
1135 economy in 2021. Martineek’s failure to increase innovation and
productivity in the last years, put some of its industries at the risk of
being overwhelmed by Albion competitors.

● According to financial plans of Albion investors, further significant

growth in investment in research and development, as well as a
1140 complete takeover by squeezing out the remaining small shareholders
should be expected.

Annex 1.

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1145

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Annex 2.

1150

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RESPONDENT’S EXHIBIT R4 - Global Armament Review- Inspecting Awbari drones:

FTPG Technology findings of 28 November 2022

1155

Inspecting Awbari drones: FTPG Technology findings - 28/11/22

Background

1. Karamanlean-Awbari unmanned aerial vehicles (“UAV”) have been terrorising the

1160 Wadai Sultanate during the last few months. A closer look at these drones has shown
that most of their parts were made in the States of the Future-Technology Partners
Group (“FTPG”), despite strict regulations on export controls.
2. This report summarizes the investigation carried out by the Global Armament Review
(“GAR”) which shows how dual-use components manufactured in the FTPG region
1165 were diverted and ended up in Awbari UAVs. Drones used to target Wadaihi
infrastructure and missile defence systems in kamikaze attacks. The development of
the Awbari UAV program seems to be supported by the Aviation Industries Research
Centre of the Avaikian Republic. Although there are no direct confirmations, the results
of this investigation prove the close relation between them.
1170 3. In September 2022, GAR documented five UAVs, and two UAV engines, in the
possession of Wadaihi defence forces. These aircraft allegedly entered the country
overland from Karamanli. The new Karamanlean Government denied any involvement
with such attacks and stated their commitment to the ceasefire agreement signed with
the Wadai Sultanate. The Awbari Resistance Movement (“ARM”), the political
1175 movement and guerrilla group operating in the southern provinces of Karamanli,
claimed responsibility for the UAV attacks. The Democratic Republic of Karamanli
rejects ARM’s territorial claims. The conflict has also affected several foreign investors
involved in the cannabis industry in the southern provinces.

Documentation and Component Analysis

1180 UAV Comparisons

4. On May 2022, ARM forces presented the Cuāuhtli-1 UAV, which they claimed to have
designed and manufactured. Investigations by GAR provide reasons for concluding
that ARM forces did not manufacture the Cuāuhtli-1.1 The Cuāuhtli-1 is a first-
generation and rudimentary UAV. This model of the UAV appears to be a type within
1185 the Pākehā UAV models, produced by the Aviation Industries Research Centre of the
Avaikian Republic. The Cuāuhtli-1 is smaller and primitive but identical to the Pākehā-

1
See the blueprint attached at the end of this Report for technical and physical characteristics of the
Cuāuhtli-1. This contribution was made by @m.buchard, the Head Engineer of U.S. Robots and Mechanical
Men, Inc.

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V UAV. They share an almost identical design, dimensions, and construction

characteristics. Thus, GAR concluded that the Cuāuhtli-1 is a variant of the Pākehā-V
UAV and not of Awbari design and construction.
1190 5. GAR compared the physical characteristics and internal components of three Cuāuhtli-
1 UAV provided by the Wadaihi defence forces. The electronic components showed a
relatively high degree of precision in their fabrication. The marking and assemblage of
the components had been industrially produced and made under quality-controlled
processes. Also, several internal components match those found in Avaiki UAVs. GAR
1195 found evidence that the engine and internal components of the Cuāuhtli-1 are almost
identical to those of the Pākehā-V.
6. The only difference with the Pākehā-V is that the Cuāuhtli-1 has a hybrid frame that is
poorly constructed and crafted with both industrially produced parts and crudely
moulded materials. GAR suspects that the hybrid frame is domestically produced by
1200 Awbari militias. This is because the UAV frames are difficult to transport discreetly while
the commercially produced internal components are small and easy to traffic.
7. The Awbari militias have assembled Cuāuhtli-1 UAVs by using imported parts, or a
combination of imported and domestically manufactured components. This domestic
production of UAVs has scaled due to the growing domestic capabilities and to the
1205 acquisition of developed material from external sources.

Tracing of internal components

8. In cases where markings on the components were visible and identifiable, GAR
instigated formal tracing processes with the producers to comprehend the supply
chains of the products. The following sections examine the components for which GAR
1210 investigated.
9. Briefly, each of the Cuāuhtli-1 UAVs documented was made of commercial and dual-
use components such as electronic parts, satellite compasses, GPS modules,
microprocessors, servomotors and engines produced in Albion, Corellia, Kuat, and in
the FTPG States. There is no evidence that any of the companies identified in this report
1215 were responsible for support or supply to Awbari militias operating in southern
provinces of the Democratic Republic of Karamanli, or any other transgression. GAR
sent several trace requests to the identified companies. Some companies have
responded but almost all were incapable of providing information on their
components’ onward supply chains.
1220 10. GAR found that the Numenorean Engineering Corporation sold satellite compass
modules as part of a delivery to Republic Sienar Systems, an Albionese distributor,
which exported the modules in August 2021 to a partner company, Holowan Satellites,
a major Albionese satellite component distributor. At the time of export, there were
no restrictions on transfers of such items to the Avaikian Republic and Holowan
1225 Satellites declared the intended end customer to be Cygnus Spaceworks, a Avaikian
producer of civilian satellite trackers. Cygnus Spaceworks’ order was subsequently
cancelled. However, the modules were sold to a Avaikian manufacturer, SedriMotors,
and unnamed third parties. GAR could not establish a connection between key

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personnel or ownership structures of these companies. GAR is waiting for a response

1230 from SedriMotors.
11. In response to additional trace requests, three other companies from Martineek and
Quinchao, responded that some of the UAV’s components were fakes. In October
2022, the Martineekean company Industrial Automaton stated that Core-3PO
microprocessors labelled ‘Tripio’ were counterfeit. Similarly, Martineekean Electronics
1235 denied producing the electronic part that bears its name.
12. GAR analysed the electronic circuits of servomotors and engines in all the Cuāuhtli-1
UAVs and found that the electronic components were produced by the Martineekean
company MK Robotics. In response to a GAR trace request, MK Robotics stated that it
sold the electronic components to the former Albionese company Hoersch-Kessel
1240 Drive in Albion in April 2022. Recently, this company received Avaikian capital and
changed its name to BlasTech Industries, a civilian electronics distributor. BlasTech
Industries declared that the prospective end customer of MK Robotics’ components
was a company serving mining companies in Avaikia. No evidence was found of these
alleged mining companies. Weeks later, these components were mentioned in a sale
1245 between the Sonn-Blas Corporation, an Avaikian provider of imported electronic
components, to one of its major clients for aerial surveillance systems, the Avaikian
Ministry of Defence.
13. GAR found that the Sonn-Blas Corporation was liquidated in September 2022. The
Office of Corporations provided evidence that two of its directors were citizens linked
1250 to political and security agencies of the Avaikian government. GAR considers that these
findings do not constitute proof that the company was acting on behalf of the Avaikian
State. GAR ascertains that one end user—an Avaikian manufacturer of military UAVs—
received MK Robotics electronic components in August 2022.
14. Drone components documented by GAR’s investigators show how commercial
1255 products manufactured in the FTPG have been diverted for use in drone production.

Gaps In Dual-Use Controls

15. MK Robotics informed GAR that some of its electronic components were also shipped
to BlasTech Industries in May 2022; that it was not subject to export licensing; and that
1260 the company had no information on any transfer to the Sonn-Blas Corporation. MK
Robotics confirmed to GAR that BlasTech Industries is no longer a customer. While the
FTPG members sanctioned Sonn-Blas Corporation in 2021, there is no suggestion that
BlasTech Industries is bound by these measures or has acted unlawfully in transacting.
16. MK Robotics alleged that the Martineekean authorities had not sent formal letters to
1265 the companies to inform them that the exports of these goods were unauthorised.
Instead, Martineekean authorities had told MK Robotics in informal awareness-raising
letters, about the Avaikian Republic’s procurement efforts and those exports of
unlisted dual-use items would be likely subject to catch-all controls.
17. Most of the components found in the analysed drones were manufactured in the FTPG
1270 States. Remarkably, the production marks of FTPG components found in the UAVs
show that they were produced between 2020 and 2021. Some components were

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produced earlier but GAR managed to identify export documentation that prove that
they were exported after 2020.

1275 Conclusion

18. The use of these UAVs demonstrates the ARM forces’ ability to employ low-cost
technology against the Wadaihi infrastructure and military assets. Their use of Pākehā-
V UAVs supports allegations that the Avaikian Republic continues to bolster the
capacity of ARM forces through the transfer of new technology and advanced
1280 weaponry. The militia group can conduct increasingly sophisticated asymmetric
operations similar to those carried out by professional armies.
19. Up to date, several UAVs continued to threaten Wadai. The last UAVs targeted civil
infrastructure which caused damage to the power grid and left millions of Wadaihians
without electricity.
1285 20. Further, the proliferation of these vehicles reached conflicts around the globe. Pākehā
UAV models have been identified in the Tyrean uprising in 2021. Also, footage
provided by the survivors of the sinking of HMS Escafeld shows that the Athabascan
vessel was hit by an unidentified UAV. After an analysis of the videos, it could be
determined that the kamikaze UAV was similar to the Cuāuhtli-1 despite some
1290 differences in the frames. Still, the confirmation will come after the discovery of HMS
Escafeld’s wreck and the search of the AUV’s debris.
21. GAR is committed to determine the illicit transfer of military material into war zones. It
is important to mention that the use of these components in these UAVs does not
imply any wrongdoing on the part of the manufacturers.
1295 22. It is important to analyse the production of these UAVs and the supply routes used by
their manufacturers. The initial step is documenting non-State groups’ capacity to
obtain and use commercially available components for lethal means and their lines of
supply. This is the key element for identifying the parties responsible for their supply.

1300

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RESPONDENT’S EXHIBIT R5 - VaryalëNews - Successful first flight of the Qertel-ASP UAV of 27

November 2022

VaryalëNews Drones | Warfare | Land | Naval | Space | Cyber | Global |

Leadership GloLeadership
Successful first flight of the Qertel-
1305 ASP UAV Trending Now
27 November 2022
1. Kaminoan Labs
presents Experimental
The Qertel-ASP UAV is an Albionese-Avaikian project
Unit Clone Force 99 to its
contracted to Albionese Aerospace Industries and SedriMotors investors
for modification, production, and operation by the Albionese Air
2. Albion launches
1310 Force.
peacekeeping operation
in the Wadaihi-
This joint development is a significant milestone in the relations
Karamanlean border
between the Albionese and Avaikian Defense Ministries. The
first Qertel-ASP UAV, produced by Albionese Aerospace 3. Galen Erso,
Numenorean scientist
Industries, has completed its first successful flight in Albionese
and Nobel laureate
1315 skies in preparation for its delivery to the Albionese Air Force. focused on
crystallography and
The agreement between the respective ministries was signed energy enrichment
in August 2020. The agreement outlines the leasing of a number disappears
of UAVs as well as maintenance and training services. As such,
4. Director Krennic
Albionese Air Force personnel are training together with demoted after
1320 Avaikian UAV pilots in a military base in Angmar, Albion. investigation on
electronic components
The UAV was designed according to the needs and acquisitions
requirements of the Albionese Ministry of Defense. The Qertel-
5. Vice-Admiral Horatio
ASP UAV is a medium altitude, and multi-mission aircraft. It is Thrawn was severely
based on the Avaikian Pākehā UAV models, which is in wounded during the
1325 operational use in the Avaikian Air Force. The Qertel-ASP UAV attack on the HMS
was designed and created in record time and incorporates Escafeld
advanced technology to outmatch any other military UAV.

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Qertel-ASP UAV Blueprint prepared by @m.buchard, Head Engineer of U.S. Robots and Mechanical Men, Inc.

1330 https://www.VaryalëNews.com/drone/2022/11/27/Successful-first-flight-of-the-Qertel-ASP-UAV/

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RESPONDENT’S EXHIBIT R6 - VaryalëNews - UGVs shape modern warfare in the Wadaihi-

Karamanlean conflict: the “Beetle War” of 14 January 2022

VaryalëNews Drones | Warfare | Land | Naval | Space | Cyber | Global |

Leadership GloLeadership
UGVs shape modern warfare in the
1335 Wadaihi-Karamanlean conflict: the Trending Now
“Beetle War”
1. Vice Admiral Rampart
14 January 2022 launches Project War-
After a year of a stalemate of trench warfare, the front line Mantle as a major
between the Wadaihi Sultanate and the Karamanli Kingdom is reform in the Avaikian
1340 moving. While other conflicts saw the rise of unmanned aerial Army
vehicles, the Wadaihi-Karamanlean conflict is changing the 2. FTPG Defence
character of warfare by using unmanned ground vehicles, Leaders’ Summit to
especially the introduction in battle of modified versions of the take place in Hans
MK-1 modular unmanned ground vehicle commonly known as
3. Albion launches
1345 the “Beetle”. Each State acquired used Beetles and adapted
Drone & Space
them for warfare. The modified Beetles showed remarkable
Research Department
military performance. They outperformed both armoured under the supervision of
fighting vehicles and infantry in the desert and volcanic Director Krennic
battlefield.
4. Avaikia strikes Nal
1350 In the Battle of Dagorlad Hills, 24 W Hutta with its modern
Wadaihi modified Beetles faced 30 Karamanlean armoured Pākehā-III UAV
vehicles and 15 modified Beetles. Only 7 Wadaihi modified 5. Kamino establish fund
Beetles survived the battle. This clash of Beetles gave the name for cloning projects
“Beetle War” to the Wadaihi-Karamanlean conflict.
1355 In an interview with war correspondents, the Wadaihi Field
Marshal Mr. Gonzalo “Monty” Montiel stated: The Beetles are cheap and we’re not so
worried about losing them compared to losing human lives. We throw them into fierce
fights under extreme conditions for our soldiers and they return victorious. Suddenly,
we’re winning the war thanks to them. Yet, we regret that the producer of the Beetles
1360 declined to provide us with the necessary spare parts to repair damaged ones. We had to
request more units from our vendor, who replied ´15 units are ready, with 40 more well
on the way´. With these numbers ahead, victory will be ours”.
Mr. Montiel did not disclose the vendor of the vehicles. Yet, it is believed that Yuri Orlov
could be the provider of such vehicles. The results of the investigations against Mr. Orlov’s
1365 involvement in arms trafficking are still pending. However, there are proven records of
several cargo flights of Mr. Orlov’s planes landing in fields close to Wadaihi frontiers.
Regarding the rumours about a potential retreat of Wadaihian forces due to the fall of
Minas Ithil, Mr. Montiel only replied “All quiet on the western front”. The interview was
interrupted due to a UAV strike close to the location of the interview.

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1370 From the opposing side, a Karamanlean officer said that middlemen from Albion have
been smuggling the vehicles into his country. Yet, this source was not able to provide
further information.
The so-called “War Beetles” were integrated with a remote weapon system and electrical
optical sensor system. These modifications transform the commercial drone into an
1375 armed drone capable of firing cannons or launching missiles from its platform. These
“War Beetles” are able to find and engage larger air threats as well as ground targets,
even if armoured, all without the operator being exposed to threats.
In Martineek the news about the novel military use of the Beetles was not well received
by the High Command. Martineekean military officials have asked MK Robotics to help
1380 them determine how these States have managed to acquire a considerable number of
Beetles for the Wadaihi-Karamanlean conflict.
MK Robotics replied that it does not know how Wadai or Karamanli obtained the Beetles
and is “supporting” the government effort to prevent Martineekean-made goods from
ending up in wars.
1385 “We briefed the Ministry of Defense on MK Robotics’ supply chains and the procedures
that MK Robotics has in place to protect supply chain integrity,” said John Garman, public
policy and communications Chief.
Garman added, “It is impossible for MK Robotics to completely control indirect or illegal
channels through which the vehicles could be misappropriated.”
1390 “MK Robotics does not obtain any profit from these re-sales, but they are on notice now
and they should do more. On the one hand they want to be thought of as a responsible
entity, but they need to export more because Martineek has a small domestic market. You
probably see Beetles in a few markets with feeble controls” said Brigadier General
Emiliano Martinez from Martineek. “They should be able to track how the Beetles got
1395 there. I think they should disclose that, put a stop to that, and put policies and procedures
in places that are real and effective to make sure that we don’t see Beetles in foreign
conflicts in the future.”
The deployment of Beetles in the Wadaihi-Karamanlean conflict proved their
effectiveness as war machines. They proved to be reliable and with a high performance
1400 in harsh environments.
After this success, MK Robotics could have considered expanding their business into the
defence industry. However, MK Robotics decided instead to expand its business to the
manufacture and sale of electronic components for commercial drones due to the limited
commercial demand of the Beetle UGVs. It seems that company has some morals and is
1405 not only profit driven.

The following blueprint provides further details on technical and physical characteristics
of the military version of the MK-1 UGV. VaryalëNews appreciates the contribution made
by @m.buchard, Head Engineer of U.S. Robots and Mechanical Men, Inc.

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1410 https://www.VaryalëNews.com/drone/2022/01/14/UGVs-shape-modern-warfare-in-the-Wadaihi-Karamanlean-
conflict:-the-“Beetle War”/

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 FDI Moot™ CENTER FOR INTERNATIONAL LEGAL STUDIES

RESPONDENT’S EXHIBIT R7 - Minutes of the Parliament meeting of 23 December 2022

MINUTES OF PROCEEDINGS
1415
Meeting No. 114
Friday, 23 December 2022

Parliament’s Standing Committee on National Defence met in a live

1420 session at 1:30 PM in the Plenary Hall, with the Chair, Maxwell
Smith, presiding.
Members of the Committee present: [intentionally omitted].

At 1:41 PM, Maxwell Smith made an opening statement on the current

1425 situation related to the development of the Wadaihi-Karamanlean
conflict.
At 1:50 PM, James Gillen (Nation’s Voice) inquired about whether
there are any plans of the Government to get involved in the
conflict, directly or indirectly. Mr. Smith responded that no such
1430 plans are being discussed within the Government and that the
conflict is of local nature without any ties to Martineek.
At 2:03 PM, Martha Funhey (League of Workers) inquired about
whether the conflict posed any potential threat to Martineek’s
integrity or economy. Mr. Smith responded that while there is no
1435 reason to predict any danger to the territorial integrity, the
economic impact of the conflict may be severe due to disrupted
delivery chains in the region.
At 2:14 PM, Peter Hill (Nation’s Voice) inquired about whether the
Government of Martineek is considering the introduction of any
1440 sanctions on Albionese entities whose equipment is being exploited
in the conflict, referring to Mr. Organa’s revoked statement of
15 December 2022. Mr. Smith responded that no sanctions or
equivalent measures are being considered by the Government and the
Government’s stance on this matter had not change.
1445 At 2:31 PM, the sitting was suspended.
At 3:04 PM, the sitting resumed.

[intentionally omitted]

1450 At 4:41 p.m., the Committee adjourned to the call of the Chair.

Martin Doom
Clerk of the Committee
1455 23/12/2022, 6:33 PM.

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RESPONDENT’S EXHIBIT R8 - Press Release of Parliament of Martineek of 27

December 2022

1460

PRESS RELEASE

27 DECEMBER 2022

1465

The Parliament of Martineek reaches an agreement on adopting sanctions

in response to the aggravation of the Wadaihi-Karamanlean conflict

An agreement concerning the adoption of sanctions in response to the aggravation of the Wadaihi-
1470 Karamanlean conflict, proposed by the Marshall of the Parliament, Mr. Jeffrey Rooms, on 26
December 2022, was reached today during an extraordinary meeting of the Parliament.

Sanctions are to be introduced to prevent the further use in military conflicts of FTPG technology
produced by designated entities. Members of the Martineekean Parliament agreed on the sanctions
unanimouslyanonymously.

1475 The sanctions are to be announced and implemented on 30 December 2022. Any further
developments will be announced via a separate press release.

1480 Marc J. Anthony

Secretary of the State

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RESPONDENT’S EXHIBIT R9 - Statement of the Secretary of the Treasury Paul Bäumer

of 30 December 2022
1485

PRESS RELEASE
Remarks by Secretary of the Treasury Paul Bäumer on the adoption of a sanctions
regime against Albion and Albionese companies
1490 Today, the Remark Administration affirms Martineek’s unwavering support for peace through
imposing sanctions, which will primarily avoid the further development of military weapons with
Martineekean technology. These measures will save countless lives from brutal and illegal
conflicts, in addition to bolstering security in Martineek and promoting global security and peace.
This statement is to be neither an accusation nor a condemnation. We are the sons and
1495 daughters of a generation of men and women who, even though they may have escaped its
shells, were destroyed by the war. We are a generation no longer untroubled—we are no more
indifferent to war.
While we have watched foreign States and militia leaders continuing to support war efforts, we
saw the wounded and dying. While they taught that duty to one’s country is the greatest thing,
1500 we already knew that death-throes are stronger. These “leaders” do not realize that above such
shattered bodies there are still human faces in which life goes its daily round. Death is not an
adventure for those who stand face to face with it.
It is very queer that the unhappiness of the world is so often brought on by small men. A word
of command has made enemies; a word of command might transform them into friends again.
1505 Here, our word stands for peace. We want kids to become mediators and guides to the world of
maturity, the world of work, of duty, of culture, of progress—to the future and not to war.
These young generations that had begun to love life and the world had to shoot it to pieces. The
first bomb, the first explosion, burst in their hearts. They are cut off from activity, from striving,
from progress. They believe in such things no longer; they believe in war. War ruins generations
1510 for everything.
These generations affected by war know nothing of life but despair, death, fear, and fatuous
superficiality cast over an abyss of sorrow. We see how people are set against one another, and
in silence, unknowingly, foolishly, obediently, innocently slay one another. What affects us most
is that they are doing it with Martineekean technology.
1515 During the last century, bombardments, barrages, curtain-fires, mines, gas, tanks, machine-guns
and hand-grenades held the horror of the world. The new century has proved to us that seeming
innocuous such as electronic parts, satellite compasses, GPS modules, microprocessors,
servomotors and engines have become missiles and drones used for killing and destroying. These
small components, when they fall under improper hands, have become tainted. Many of these
1520 components that fall under these hands are of Martineekean origin. Our pride, the jewels of our
innovation, have become conductors of death.

Statement digitally signed by Paul Bäumer - Stanislaus Katczinsky - Joseph Behm on 30 December
2022 in Siaya, Martineek.

1525

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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

ICSID Case No. ARB/21/37

1530

DELOREAN TECHNOLOGIES LLC

Claimant

v.

1535 THE REPUBLIC OF MARTINEEK

Respondent

1540 PROCEDURAL ORDER NO. 1

Members of the Tribunal

Richard Sanchez, President of the Tribunal
1545 Tamara Gueterman, Arbitrator
Dr. Xenon Bloom, Arbitrator

Secretary of the Tribunal

Jerry Smith
1550

4 July 2023

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The first session of the Arbitral Tribunal was held on 3 July 2023 at the seat of the
Centre in Washington, D.C. Participating in the first session were:
1555

[intentionally not reproduced]

Following the session, pursuant to ICSID Arbitration Rules 19 and 20, this first Procedural
Order sets out the Procedural Rules that govern this arbitration.

1560

1. Applicable Arbitration Rules

These proceedings are conducted in accordance with the ICSID Arbitration Rules in
force as of 2023, and the Official Rules of the Foreign Direct Investment International
1565 Arbitration Moot, as agreed between the Parties. In case of an inconsistency between the
two, the latter shall prevail to the extent of the inconsistency.

2. Constitution of the Tribunal

1570 a. The Tribunal was constituted on 20 June 2023 in accordance with the ICSID
Convention and the ICSID Arbitration Rules. The parties confirmed that the Tribunal
was properly constituted and that no party has any objection to the appointment of any
Member of the Tribunal. The Arbitral Tribunal in this case consists of Tamara Gueterman
(arbitrator appointed by Claimant), Dr. Xenon Bloom (arbitrator appointed by
1575 Respondent), and Richard Sanchez (President appointed by the two arbitrators).

b. The Members of the Tribunal timely submitted their signed declarations in

accordance with ICSID Arbitration Rule 6(2). Copies of these declarations were duly
distributed to the Parties by the Centre.
1580

c. Contact details of each Member of the Arbitral Tribunal are as follows:

Tamara Guterman
Anasa Plaza, 311 Bond Avenue
1585 KJ 8973
Lokana, Albion
E-mail: [email protected]

1590 Dr. Xenon Bloom

Mart-Re House
Kabarsiran Avenue,
9 2278

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Iten, Martineek
1595 E-mail: [email protected]

Richard Sanchez
Bookamo Ave 221
1600 110 Stud Drive
Balitown, Nihonkoku
E-mail: [email protected]

3. Fees and Expenses of Tribunal Members

1605

[intentionally omitted]

4. Representation of the Parties

1610 Each party shall be represented by its counsel (below) and may designate additional
agents, counsel, or advocates by notifying the Tribunal and the Tribunal Secretary
promptly of such designation.

For Claimant:
1615 Adila LLP
Anasa Plaza, 311 Bond Avenue
KJ 8972
Federation of Albion

1620 For Respondent:

Dumbledore, Black & Partners

1207, Kingdom of Narnia, Ville de la Liberté,
Chemin Ilya Yashin, 7

1625 5. Place of Proceeding

5.1 Washington, D.C., shall be the place of the proceeding. It was decided that the Tribunal
may hold hearings in Lucknow, India or at any other place that it considers appropriate if
the Parties so agree.
1630 5.2 The Arbitral Tribunal may meet at any location that it considers appropriate for
deliberations.

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6. Procedural Language
1635

English is the procedural language of the arbitration.

7. Hearings

1640 7.1 Having considered the Parties’ respective proposals on the organization of the
pleadings, the Tribunal determines the following organization of the hearings.

7.2 Although the issues raised by the Parties in their respective submissions would
typically be addressed in two or more separate stages of these proceedings, for the
1645 purposes of these Proceedings, they shall be dealt with together in the “Main Stage”
followed by a stage for costs and, as appropriate in accordance with the Arbitral
Tribunal’s findings in the Main Stage, for quantum (“Quantum and Costs Stage”).

7.3 The “Main Stage” will address the following issues:

1650

i) Whether the Tribunal has jurisdiction over this dispute in light of the Agreement
on Encouragement and Reciprocal Protection of Investments between the Republic
of Martineek and the Federation of Albion;
ii) Whether the challenged measures violate Article 5 of the Agreement on
1655 Encouragement and Reciprocal Protection of Investments between the Republic of
Martineek and the Federation of Albion, and
iii) If the Tribunal finds a violation of Article 5 of the Agreement on Encouragement
and Reciprocal Protection of Investments between the Republic of Martineek and
the Federation of Albion and find Respondent liable for the breach, what is the
1660 appropriate date of valuation of the investment for the purposes of quantification
of damages.

7.4 The hearings in the “Main Stage” shall be held in Lucknow on 2-5 November 2023.

1665 7.5 During “Stage 1” the Tribunal will hold a hearing on the issues of Jurisdiction,
Liability, and Damages, and subsequently decide on Jurisdiction, Liability and Damages.

7.6 “Stage 2” will address the quantum of damages, if any, as well as the costs of the
proceedings and their allocation among the parties.
1670

7.7 As agreed between the Parties and the Tribunal, the evidence that may be relied on
in the arbitration will be limited to (i) facts and assertions contained in the Request for
Arbitration and the Response to it, the “Statement of Uncontested Facts” as will be
agreed to between the parties, and appended to a Procedural Order (with no admission
1675 being made by either of the Parties as to correctness of the inferences from facts asserted
by the other Party in its respective submission); (ii) publicly available information; and

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(iii) responses to the questions presented by the Parties’ counsel in accordance with the
procedure described below:

1680 i) By 1 June 2023 factual questions that require clarification shall be posted in
accordance with the procedure described at
https://fdimoot.org/teams/clareqs.php;
ii) The Parties shall then confer and seek to agree as soon as practicable on the
responses to those questions. The Parties’ agreed responses shall be appended to
1685 the case file at https://fdimoot.org/problem.pdf;
iii) By 15 August 2023 another set of factual questions may be posted in accordance
with the same procedure referenced above. The responses to those questions shall
be appended as described above.

1690 8. Provisional Timetable of the Proceedings

8.1 “Stage 1” of the Proceedings:

i) Only one round of written submissions shall be made by the Parties. The
1695 Claimant’s Memorial on Jurisdiction, Liability and Damages is to be submitted to
the Tribunal no later than 08:00 UTC 132 September 2023; the Counter-Memorial
on Jurisdiction, Liability and Damages is to be submitted to the Tribunal by
Respondent no later than 08:00 UTC 2019 September 2023. The Tribunal may
direct the Parties to submit Skeleton Briefs if it finds them necessary for the proper
1700 consideration of the issues in dispute.
ii) Considering that it is appropriate to hold hearings in the present case, both Parties
are invited to attend the hearings scheduled in Lucknow on 2-5 November 2023.

8.2 “Stage 2” of the Proceedings: The Tribunal will schedule the second stage of the
1705 proceedings and set the provisional timetable for its conduct in consultation with the
Parties after the Tribunal issues the Partial Award on Jurisdiction, Liability and Remedies.

9. Good Faith

1710 The Parties accept that they have a duty to arbitrate in good faith, which includes an
obligation to cooperate with the opposing parties and the Tribunal. The Parties further
agree that the Tribunal may direct any Party to do all such things during the proceedings
as may be reasonably needed to enable an Award to be made properly, fairly and
efficiently.
1715

[signed]

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1720 Richard Sanchez

President of the Tribunal

[signed] [signed]
Tamara Gueterman Dr. Xenon Bloom
Arbitrator Arbitrator

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1725

1730 To: Richard Sanchez, President of the Tribunal

Tamara Gueterman, Arbitrator
Dr Xenon Bloom, Arbitrator
CC: Jerry Smith, Secretary of the Tribunal
Ministry of Justice of the Republic of
1735 Martineek
Adila LLP

From: Dumbledore, Black & Partners

1740 27 October 2023

Letter of Resignation of Dumbledore, Black & Partners

By this Letter, Dumbledore, Black & Partners (“DBP Law”) respectfully asks the Tribunal to
allow its resignation from representing Respondent in the case Delorean Technologies LLC v. the
Republic of Martineek.

1745 Like thousands of advocates around the world, we have been deeply chagrined by the detention of
our colleague and consœur, Ms. Alia Azadi, who has been defending the right of women to choose
their profession freely.1 It has become impossible to represent a country that so blatantly violates
fundamental human rights and freedoms.

We draw the Tribunal’s attention to the fact that all other major international law firms resigned
1750 from representing Respondent in other high-stake cases in support of their colleague and consœur
Ms. Azadi. The leading world arbitration news portal NAR (Narnian Arbitration Review)
published an article singling out Dumbledore, Black & Partners as “the last firm continuing to
represent the Republic of Martineek in international proceedings after the detention of Ms. Azadi
who, as of today, remains in detention and has no access to her representative”.2

1755 Moreover, the Bar Association of the Kingdom of Narnia, which governs the conduct of all
attorneys of DBP, issued an opinion, according to which members of the Narnian Bar Association

1
Exhibit DBP_1, Amnesty International Journal, Women’s Rights Worldwide: Newsflash, by Fariba
Adelkhah of 18 October 2023.
2
Exhibit DBP_2, Narnian Arbitration Review, Dumbledore Black & Partners: the last global law firm
representing Martineek, by Cosmo Oberson of 25 October 2023.

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have the right to resign from cases in which they represent the Republic of Martineek, unless it
would severely prejudice the interests of justice.3

Based on the foregoing, DBP respectfully asks the Tribunal to allow its resignation from the
1760 present case. DBP is willing to present its position at the hearing, should the Tribunal consider it
necessary. DBP is also willing to address the Tribunal on procedural steps it could take, including
modification of the timetable of these proceedings, to prevent any due process implications for
Respondent over the course of the next stages in these proceedings.

Sincerely Yours,

1765 Dr. Zan Zendegi, Partner at Dumbledore, Black & Partners

3
Exhibit DBP_3, Decision of the Council of the Narnian Bar Association No. 1228 of 12 October 2023.

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Exhibit DBP_1 - Amnesty International Journal, Women’s Rights Worldwide: Newsflash,

by Fariba Adelkhah of 18 October 2023.

1770 Amnesty International Journal

Women’s Rights Worldwide: Newsflash

Fariba Adelkhah
18/10/2023

On 9 October 2023, the prominent Martineekean human rights advocate, Ms. Alia Azadi,
1775 was detained right in the courtroom of the Constitutional Court of the Republic of
Martineek.
On 15 September 2023, the Parliament of the Republic of Martineek adopted the law
(“Law 1609”), according to which women are not allowed to have access to certain
professions, including, most notably, those of lawyer, university educator and doctor. The
1780 penalty for not complying with the law, for instance, for appearing before courts or
Martineekean-seated tribunals is up to 5 years in prison. The law applies retroactively
even to those women who are already practising members of the Bar Association.
Thousands of women took to the streets of Carouge, the capital of Martineek, to
peacefully protest this law. To no avail. The law entered into force on 22 September 2023.
1785 Ms. Alia Azadi, one of a few prominent female advocates in Martineek, brought a petition
before the Constitutional Court of Martineek to have the law declared unconstitutional.
Ms. Azadi took the floor to make her opening statement. The twelve judges of the
Constitutional Court, all male, gave her a warning that she is not allowed to appear before
the Court, according Law 1609.
1790 Despite the warning, Ms. Azadi addressed the Court: “I am risking my freedom today,
because a whole generation of Martineekean girls, half of the population of our country,
is about to be silenced. As Amal Clooney once said: ‘The worst thing that we can do as
women is not stand up for each other’…”. After barely two sentences of her opening
statement, Ms. Azadi was arrested. She is facing up to 5 years in prison and she was not
1795 allowed access to her legal representative.

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Exhibit DBP_2 - Narnian Arbitration Review, Dumbledore Black & Partners: the last
global law firm representing Martineek, by Cosmo Oberson of 25 October 2023

1800

Dumbledore Black & Partners: the last

global law firm representing Martineek
Cosmo Oberson

25 October 2023

1805

The detention of Ms. Alia Azadi during her opening statement before the
Constitutional Court of Martineek has shaken the world.

Legal professionals around the globe have expressed almost unanimous

condemnation of the attack on the legal profession. Leading public
1810 international lawyer Dr. Estelle LeClaire and the law firm Palestini, Kohen &
Partners have withdrawn from Martineek’s counsel team in a set of State-
to-State disputes before the International Court of Justice. A range of other
law firms followed suit in a range of investment arbitration disputes against
the Republic of Martineek.
1815 Dumbledore, Black & Partners is the last firm continuing to represent the
Republic of Martineek in international proceedings after the detention of
Ms. Azadi who, as of today, remains in detention and has no access to her
representative. We contacted the partners of DBP: they refused to
comment on the issue.
1820

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Exhibit DBP_3 - Decision of the Council of the Narnian Bar Association No. 1228 of 12
October 2023

THE DECISION OF THE COUNCIL OF THE NARNIAN BAR ASSOCIATION N. 1228

1825 On the Request for Clarification Regarding the Termination of

Representation of the Republic of Martineek

1. The Narnian Bar Association has received multiple requests from Narnian law firms on
whether resignation from representing the Republic of Martineek after the detention of
Ms. Alia Azadi is consistent with the Rules of Professional Conduct adopted by the
1830 Narnian Bar Association, mandatory for all its members.

2. In response to these requests, the Narnian Bar Association issues the present decision N.
1228 providing clarification on the matter of resignation.

3. According to the Narnian Bar Association’s Rules of Professional Conduct, resignation is

required and/or allowed in the following cases:

1835 Rule 16.1

(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where
representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of law or the Rules of Professional
Conduct;
1840 (2) the lawyer's physical or mental condition materially impairs the lawyer's
ability to represent the client; or
(3) the lawyer is discharged.
(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client
if:
1845 (1) withdrawal can be accomplished without material adverse effect on the
interests of the client; or
(2) the client knowingly and freely assents to the termination of the
representation; or
(3) the client persists in a course of action involving the lawyer's services that the
1850 lawyer reasonably believes is criminal or fraudulent; or
(4) the client insists upon taking action that the lawyer considers repugnant,
imprudent, or contrary to the advice and judgment of the lawyer, or with which
the lawyer has a fundamental disagreement; or
(5) the client has used the lawyer's services to perpetrate a crime or fraud; or

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1855 (6) the client fails substantially to fulfill an obligation to the lawyer regarding the
lawyer's services and has been given reasonable warning that the lawyer will
withdraw unless the obligation is fulfilled; or
(7) the representation will result in an unreasonable financial burden on the
lawyer or has been rendered unreasonably difficult by the client; or
1860 (8) the client insists upon presenting a claim or defense that is not warranted
under existing law and cannot be supported by good faith argument for an
extension, modification, or reversal of existing law; or
(9) other good cause for withdrawal exists.
(c) A lawyer must comply with applicable law requiring notice to or permission of a
1865 tribunal when terminating a representation. When ordered to do so by a tribunal, a
lawyer shall continue representation notwithstanding good cause for terminating the
representation.
(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably
practicable to protect a client's interests, such as giving reasonable notice to the client,
1870 allowing time for employment of other counsel, surrendering papers and property to
which the client is entitled and refunding any advance payment of fee or expense that
has not been earned or incurred. The lawyer may retain papers relating to the client to
the extent permitted by other law.

4. The Narnian Bar Association notes that, in this particular case, resignation from
1875 representing the Republic of Martineek to show support for the rights of advocates and
to condemn violations of these rights falls under the provisions of Rule 16.1(b)(9): “other
good cause for withdrawal exists”.

5. However, utmost attention should be paid by counsel for the Republic of Martineek to
ensure that they comply with Rules 16.1(c) and 16.1(d).

1880 6. To conclude, members of the Narnian Bar Association as well as Narnian based law firms
have the right to resign and no longer represent the Republic of Martineek, unless it
would severely prejudice the interests of justice described above.

The decision taken unanimously by [Signature of the Chair]

the Council of the Narnian Bar
Association on 12 October 2023

1885

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To: Richard Sanchez, President of the Tribunal

Tamara Gueterman, Arbitrator
1890 Dr Xenon Bloom, Arbitrator

CC: Jerry Smith, Secretary of the Tribunal

Dumbledore, Black & Partners
Ministry of Justice of the Republic of
1895 Martineek

From: Adila LLP

Date: 28 October 2023
1900

Claimant’s Objections to Respondent’s Counsel Resignation

Dear Members of the Tribunal,

Claimant hereby requests the Tribunal, in light of the underlying duty of the arbitrators
1905 to conduct proceedings efficiently, to reject the request by counsel for Respondent,
Dumbledore, Black & Partners, to resign at a very late stage of the proceedings, right
before the hearing is about to take place.

First, the current proceedings have already been delayed on multiple occasions by
multiple requests by Respondent for extensions to file its legal submissions. If the
1910 Tribunal grants DBP’s request, it will cause further significant delays in the proceedings:
the proceedings will have to be postponed and Respondent will have to find another
counsel. It will take months for another counsel to get acquainted with the voluminous
case file containing more than 3000 pages of legal submissions and more than 800
factual and legal exhibits. This would significantly undermine Claimant’s interest in
1915 bringing this case to an end and receive its full compensation without any delay.

Second, none of the reasons cited by DBP justify its resignation but would lead to
significant disruption in the proceedings and violate the right of both Parties to prompt
and efficient resolution of the dispute.

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The Tribunal enjoys broad discretion and flexibility in the conduct of arbitral
1920 proceedings, provided that a fair, equitable and efficient process is observed.

Claimant reserves its right to present its arguments on this issue in full during the
scheduled hearing.

Sincerely Yours,
Dr. Maria Eismont, Counsel for Claimant

1925

[signature]

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1930

To: Richard Sanchez, President of the Tribunal

Tamara Gueterman, Arbitrator
1935 Dr Xenon Bloom, Arbitrator
CC: Jerry Smith, Secretary of the Tribunal
Adila LLP

From: Ministry of Justice of the Republic of Martineek

1940 30 October 2023

Respondent’s Letter Concerning the Counsel Resignation

Dear President, Members of the Tribunal,

1945 The Ministry of Justice of the Republic of Martineek expresses its regret in respect of the undue
pressure the international community has put on its counsels in all major international proceedings,
which undermines Respondent’s due process rights.

The Republic of Martineek has always valued the services provided by DBP, and its sudden
resignation, if accepted, would lead to significant costs and expenses. It would be difficult, if not
1950 impossible, to find another law firm in the coming weeks who would agree to represent Martineek
and would be able to acquaint itself expeditiously with thousands of pages of case materials and
evidence. This would cause to Respondent a lot of unjustified expenses and will unduly prolong
the proceedings.

Respondent trusts that the Tribunal will resolve this issue bearing in mind its underlying duties.
1955 Due to the lack of immediately available legal counsel within the Ministry of Justice who could
represent Respondent in the upcoming hearing, Respondent will abstain from making oral
submissions on this issue. Given DBP’s willingness to address the Tribunal on modifications of
procedures that should be made in the event their resignation is accepted, Respondent does not
object to the Tribunal hearing only the positions of Respondent’s Counsel and Claimant during
1960 the oral hearing on this issue.

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In case the Tribunal accepts the resignation of DBP, Respondent will file a request to postpone the
subsequent stages of the proceedings until at least November 2024 to find another counsel and
allow the new counsel to acquaint itself with all the materials of the case.

1965 Kind regards,

Dolores Umbridge, Vice-Minister of the Ministry of Justice

[signature]

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1970 INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

ICSID Case No. ARB/21/37

1975 DELOREAN TECHNOLOGIES LLC

Claimant

v.

THE REPUBLIC OF MARTINEEK

Respondent

1980

PROCEDURAL ORDER NO. 2

1985

Members of the Tribunal

Richard Sanchez, President of the Tribunal
Tamara Gueterman, Arbitrator
Dr. Xenon Bloom, Arbitrator
1990

Secretary of the Tribunal

Jerry Smith

1995 30 October 2023

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Pursuant to ICSID Arbitration Rule 27, this second Procedural Order sets out the Conduct
of the Proceedings of this arbitration.

The Parties have agreed upon a Statement of Uncontested Facts, as produced below. The
Tribunal appreciates the effort made by the Parties to work together amicably to provide
2000 the Tribunal with the undisputed facts.

With respect to the letter of the counsel for Respondent dated 27 October 2023 asking the
Tribunal to allow its resignation from representing Respondent in the case and the
submissions made by Claimant and Respondent on this issue, the Tribunal has made the
following decisions.

2005 1. The Tribunal has decided to deal with the issue of counsel resignation as a first
preliminary issue during the oral proceedings. All previous arrangements notified
in Procedural Order No. 1 remain in force.
2. The Tribunal will hear the arguments of Respondent's counsel first, followed by
the arguments of Claimant. The Tribunal has taken note of Respondent’s Ministry
2010 of Justice’s position expressed in writing.
3. For the purposes of the oral hearings in Lucknow, India, on 2-5 November 2023,
the Tribunal will hear all four issues (i.e., counsel resignation, jurisdiction, merits
and the date of valuation) in the same hearing. If the counsel resignation is
accepted, it will be effective for the next stages of the proceedings, i.e., for the
2015 filing of one or more rounds of post-hearings submissions, should the proceedings
include this stage, as well as Stage 2 of the proceedings.
4. Therefore, the “Main Stage” will address the following issues:
a. Whether the Tribunal shall grant the request for resignation by counsel
for Respondent;
2020 b. Whether the Tribunal has jurisdiction over this dispute in light of the
Agreement on Encouragement and Reciprocal Protection of Investments
between the Republic of Martineek and the Federation of Albion;
c. Whether the challenged measures violate Article 5 of the Agreement on
Encouragement and Reciprocal Protection of Investments between the
2025 Republic of Martineek and the Federation of Albion, and
d. If the Tribunal finds a violation of Article 5 of the Agreement on
Encouragement and Reciprocal Protection of Investments between the

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Republic of Martineek and the Federation of Albion and find Respondent

liable for the breach, what is the appropriate date of valuation of the
2030 investment for the purposes of quantification of damages.

[signed]
Richard Sanchez
2035 President of the Tribunal

[signed] [signed]
Tamara Gueterman Dr. Xenon Bloom
Arbitrator Arbitrator

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Statement of Uncontested Facts

2040 1. This dispute arises from certain measures undertaken by the Republic of Martineek
(“Respondent”, “Martineek”) against DeLorean Technologies LLC (“Claimant”), a
multinational automotive manufacturer incorporated under the laws of the Federation of Albion
(“Albion”).

2. Martineek is an island State with a developed economy located in the Belfalas archipelagic region
2045 (the “Archipelago”). The Archipelago is composed of several islands including the States of
Numenor, Quinchao, Navarino, Hans, Tortuga, and Martineek.

3. After a range of major reforms in 1993 aimed at improving the legal framework for economic
development, over the following years Martineek gradually evolved into a country with a high
standard of living with rapid industrial development.

2050 4. Albion is a country located in Puelmapu, the second largest continent in the world. Puelmapu is
the nearest landmass to the Archipelago. Albion is one of the biggest economies globally with a
developed industrial sector focusing on manufacturing of basic electronic goods.

5. In 2013, Martineek and Albion terminated the 1993 Agreement on Encouragement and Reciprocal
Protection of Investments between the Republic of Martineek and the Federation of Albion and
2055 replaced it with a revised Agreement on Encouragement and Reciprocal Protection of Investments
between the Republic of Martineek and the Federation of Albion (the “Martineek-Albion BIT”).
The Martineek-Albion BIT was ratified on 28 June 2013. Martineek and Albion are Member States
of the International Centre for the Settlement of Investment Disputes (“ICSID”) having acceded
to the ICSID Convention in February and June 1993, respectively.

2060 6. In late 2016, with technological advances in the Archipelago, Martineek became one of the world's
leading manufacturers of industrial robots. By 2018, this sector accounted for more than 13% of
the national workforce and received more than USD 15 billion in State aid. On 3 March 2018, the
Martineekean Ministry of Economic Affairs issued a list of priority spheres to attract foreign
investment. Among other economic sectors listed was the robotic industry.

2065 7. In October 2018, in a bid to promote regional cooperation, Martineek led the formation of the
Future-Technology Partners Group (“FTPG”) consisting of the Archipelago leaders in high
technologies together with Numenor, Nihonkoku, Quinchao and Hans.

8. In December 2018, the FTPG launched “To infinity and beyond”, an economic development and
innovation strategy. The aim was to consolidate FTPG technological leadership in the incipient
2070 fourth industrial revolution. Over a 15-year period, the goal was to drive digital manufacturing
forward by adopting information technology and the internet of things to connect the
Archipelago’s small and medium-sized companies to global production networks, which, in turn,
would help them become more efficient and globally competitive.

9. In June 2020, Albion’s economy was severely impacted by the COVID-19 pandemic. Albion
2075 placed export restrictions on a range of goods in different sectors, including the technology sector,
which led to a fall in production across industries. Faced with a tough economic reality, companies
had to trim their workforce by undertaking massive layoffs. Several foreign investors left the State

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and sold their manufacturing facilities to local businessmen. The Albionese Government strived
to revive its economy without incurring inflation. Thus, the Albionese State developed a new
2080 public-driven, national strategy, “Albion first”, to expand its economic outreach and become the
leading State for future technologies in a decade.

10. Albionese leaders strategically defined seven key industry sectors for “Albion first”. These are
next-generation information technology; high-end numerical control machinery and robotics;
aerospace and aeronautical equipment; maritime engineering equipment and high-tech maritime
2085 vessel manufacturing; energy saving and new energy vehicles; biomedicine and high-performance
medical devices; and innovative defence technologies.

11. Albion’s strategy relied on the development of cutting-edge, advanced technologies. Albion
invested in research and development from State and private sources, accumulation of intellectual
property, setting up of distinct technical standards, and leveraging access for foreign players to
2090 Albion’s market in exchange for their technologies.

12. To strengthen its technological competitiveness both domestically and globally, Albionese leaders
decided to invest in innovative and future-oriented companies located abroad. Through these steps,
Albion stimulated its national development of technologies by enhancing the purchase of foreign
know-how through acquisitions. “The financial support of Albion gives a clear direction for future
2095 development in our manufacturing innovation,” said Mr. Lionel Tusk, a renowned Albionese
businessman.

13. The FTPG member States publicly welcomed the new path taken by Albion towards innovation.
However, media reports of high-level internal meetings among FTPG members noted their
concern that Albion could become a direct value-added competitor to the FTPG States.

2100 14. The eminent academic, Dr. Emmett Brown, remarked: “If Albion achieves these goals, it will put
pressure on FTPG member States as well, since Albion will become a serious competitor in a
whole series of industries where today FTPG has an edge. The industrialised nations will feel the
competition coming from Albion. Martineek will likely be affected by more foreign acquisitions
due to its flexible corporate law regime and relaxed foreign exchange regulations.”

2105 15. Between 2020 and 2021, the investment flow from Albion to Martineek and other FTPG member
States increased twofold. Companies incorporated in Albion were taking over innovative entities
in the field of technologies, acquiring intellectual property, key research and making technological
advances. Several well-known businesses in the Archipelago were taken over by investors from
Albion.

2110 16. Among the landmark acquisitions in Martineek during 2020, Claimant acquired 100% of the
shares of MK Robotics. MK Robotics was a Martineekean leading start-up in robotic innovation
owned by an ingenious engineer: Dr. Farnsworth. The company specialised in unmanned ground
vehicles for civil and commercial use as well as the exportation of several dual-use items.

17. After negotiations on the terms of the deal, not including the purchase price and payment structure,
2115 the parties agreed to conduct “seller due diligence” before finalizing the purchase agreement. Dr.
Farnsworth performed due diligence evaluating financial health, operational efficiency, legal
compliance, and market position of MK Robotics. Subsequently, Claimant's in-house council
reviewed the reports presented and did not identify any major red flags.

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18. The general public in Martineek was concerned about the impact of losing the leading robotics
2120 company of Martineek to an investor from Albion. To quell the negative press, MK Robotics and
its new owner published a plan to invest significant resources in research and development and
promised to keep the core company functions in Martineek.

19. In the quarterly earnings that followed the acquisition, MK Robotics reported considerable growth
in earnings due to the sale of more than 200 automated vehicles, mostly in Albion and Martineek.

2125 20. However, the forecast of the company predicted a reduction in the future sales of the MK-1
“Beetle” modular vehicle. The reduction was expected due to the slow growth in market demand
for the vehicles. The company decided to expand its business to the production of electronic
components for smaller ground and aerial drones while expanding market opportunities for its
MK-1 modular vehicle. Simultaneously, the company intended to develop further uses of its
2130 technology in areas such as space exploration in a branch in Albion.

21. In July 2020, the Wadai Sultanate initiated a military operation against the Karamanli Kingdom.
The cause of the conflict was an ill-defined disputed border in the Ered Mithrim region. Despite
initial advances by Wadaihi forces, the operation reached a stalemate and both belligerents were
forced to engage in attrition warfare. Funding the war efforts coupled with the loss of vital
2135 infrastructure severely damaged the economy of Wadaihi. The conflict had a negative impact in
the sales of several companies located in the FTPG members which had Wadaihi entities as main
clients.

22. Meanwhile, a widely discussed topic, “Albion first” became a subject of non-governmental
international organisations and financial consulting investigations. Most of the results pointed out
2140 that since Albion’s development in critical high-tech sectors was behind the Archipelago,
Albionese leaders pushed a strategy of foreign acquisitions and forced technology transfer
agreements for obtaining cutting-edge technologies and know-how. The results whipped up the
Archipelago’s public and media with growing concerns about sensitive data leakages and the
military development of Albion. Subsequently, a Young & Coopers report indicated that 184
2145 Albionese companies took over FTPG companies during 2020 and 2021, compared to 45
Albionese companies within prior years. During these two years, Albion indirectly invested more
than USD 100 billion in FTPG companies.

23. Claimant and MK Robotics were scrutinized by the press especially due to the use of the MK-1
“Beetle” vehicle in the Wadaihi-Karamanlean conflict. The Beetle’s use in the Wadaihi-
2150 Karamanlean conflict was not well received by FTPG members, especially by Martineek. Most
units sold in Martineek were confirmed to still be on Martineekean soil. The situation with the
units sold in Albion and in other markets was the opposite. Several units could not be traced by
MK Robotics, or the original buyers, and an important number of units were never presented for
service or for actualization.

2155 24. These developments were met with growing concerns from politicians and the business
community in the FTPG region. FTPG members started to question their industrial strategy and
relation with Albion due to the increasing investments in the high-tech sectors by Albionese State-
owned enterprises.

25. In January 2022, at the annual FTPG meeting, the member States’ representatives expressed
2160 concerns with the increased foreign presence in strategic high-tech industries enabled by the

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“Albion first” program. They agreed to tighten the FDI policy towards sensitive technological
sectors and to develop a cooperation mechanism to share information on FDIs entering any FTPG
States if such investments posed a potential threat to the national interests of the member States.

26. To limit the use of FTPG technologies for military purposes, member states also enacted several
2165 restrictive measures, including a trade embargo, against the Avaikian Republic and several
Avaikian companies. The Avaikian Republic is a leading producer of military weapons,
conventional and non-conventional. Avaikian weapons were found in almost every war conflict
in the world and were often used against civilians.

27. Following these events, in February 2022, Respondent amended its legal framework to address
2170 the raised concerns.

28. First, in February 2022 Martineek issued a Screening Law 24/2022 (the “Screening Law”)
identifying critical technology, biomedicine and dual-use items as sectors of strategic importance
and imposed screening procedures for FDIs in these sectors. The Screening Law provides for
notifying the government of any transaction made by foreign investors in the covered sectors,
2175 including providing information on an investment plan, as well as the right of the State to impose
conditions on or veto such a transaction.

29. Second, Martineek enacted Ordinance 66/2022 modernising Law 53/2007 on the control of foreign
trade in defence and dual-use material. This amendment aimed to respond effectively to evolving
security risks and emerging technologies. The amendment included under the dual-use
2180 classification certain controlled unmanned vehicles with technical specifications and some
technical and related equipment and components related to drones.

30. A ceasefire was signed on 28 February 2022 concluding the Wadaihi-Karamanlean conflict. The
borders were established. The Wadaihi forces had to withdraw from the occupied territories in
Karamanli, however, the Wadai Sultanate retained the Azanulbizar valley, a sacred valley for the
2185 Awbari people. An approximately 1,500-strong Albionese peacekeeping force from the Albionese
Defence Forces was deployed to observe and maintain the ceasefire.

31. Despite the regulatory scrutiny, Martineek continued to be the focus of Albionese investors.
Although Albionese investors had more than USD 20 billion worth in acquisitions pending, during
2022, no transactions were identified as posing a threat to Martineek’s security under the
2190 Screening Law. In late 2022, two more acquisitions of the largest robotics companies in the
Archipelago added fire to the Archipelago’s tensions with Albion. The acquisitions were made by
three Albionese medium-sized enterprises with no current know-how in robotics. One of the
Albionese companies was a seamless pipe manufacturer and another one was a manufacturer of
rubber and plastic products. The statement of the intent of acquisition pointed out that the
2195 companies wanted to enter into the robotics industry to diversify their business and expand their
market.

32. On 28 November 2022, an investigation by the Global Armament Review into the armament used
in the Wadaihi-Karamanlean conflict discovered, in the debris of unmanned aerial vehicles, tech
components from products of FTPG companies. Several FTPG States, including Martineek,
2200 initiated a joint investigation which revealed the use of Martineekean critical technology by
Albionese armament manufacturers.

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33. To maintain the public trust and protect the interests of national stakeholders, Martineek also
conducted an internal investigation which revealing various instances of misconduct by the former
owner of the MK Robotics, including the fabrication of documents. Among other findings, the
2205 investigation concluded that to demonstrate compliance with Law 53/2007 Dr. Farnsworth forged
the signature of a governmental official and created the false authorization decision on the sale of
MK Robotics shares to Claimant. In fact, this transaction has never been authorized by the
government. The official press release with investigation results was published and publicly
available.

2210 34. On 2 December 2022, Respondent initiated an extraordinary FTPG meeting. Citing security
concerns relating to Albion’s allegedly unprincipled tactics of obtaining critical technologies and
the emergence of information about the use of FTPG technologies in military conflicts. FTPG
States, including Respondent, issued a joint statement titled “Addressing the threat from high-tech
investments” and agreed to develop a list of restrictive measures towards Albion.

2215 35. On 15 December 2022, in the midst of heated discussions on the use of FTPG technologies in
armed conflicts, Mr Bail Organa, a powerful politician of Nation’s Voice, Respondent’s ruling
party, who was currently holding the position of the Head of Committee on International Trade,
made a Twitter statement worded as following: “Martineek should impose sanctions as soon as
possible and all assets should be banned. There I said it.". Shortly after, on 17 December 2022,
2220 this statement was denounced by Mr Howard Hamlin, the leader of the Nation’s Voice party.
Hamlin stated on a press conference that “Mr Organa’s statement was his own personal opinion
and the government does not plan introducing any specific actions related to sanctions yet”.

36. Immediately after that, reports and rumours of Respondent’s plans to impose sanctions related to
strategic State interests started to appear all over the media and on the internet. Claimant, afraid
2225 of the possible sanctions, attempted to sell a major portion of its assets as soon as possible before
they were frozen or severely decrease in value. To do so, on 20 December 2022, Claimant
announced that it was willing to sell particular assets and invited bids. However, as the prospect
of the imposition of sanctions was a common knowledge at this point, the offers received from
private companies operating in the same business sector were severely lower than expected by
2230 Claimant.

37. On 25 December 2022 a drone strike took place in a northern village of the Wadai Sultanate, less
than 150 kilometres away from the border with Karamanli. In the strike, 14 civilians were killed
and over 50 were seriously injured. Initial investigations conducted the next day found debris of
electronic components of products of FTPG companies, including some that likely were produced
2235 by companies from Martineek. From the debris, a trademark of MK Robotics could be discerned
from one of the electronic components. The strike shocked public opinion and was broadly
covered by the media, mostly due to the number of casualties and because the video footage from
the strike was taped by one of the observers. It triggered public outcry and debate on neighbouring
States stepping in to indirectly to curb the violence.

2240 38. On 27 December 2022, the Martineekean parliament organised an extraordinary meeting. During
the meeting it was decided that sanctions were to be introduced in order to prevent the further use
of FTPG technology produced by designated entities in military conflicts.

39. On 30 December 2022, Respondent enacted the Sanctions Law that entailed the imposition of
economic sanctions on Albion to stop critical technology leakage and prevent their further use in

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2245 military conflicts. The Sanctions Law prohibited entities from directly or indirectly engaging in
transactions for sale, supply, transfer or export dual-use items for military use or to military end-
users originating in FTPG States, as well as technologies and data on components used in such
items by Albionese entities.

40. The Sanctions Law listed Claimant as a targeted entity based on the involvement of the Beetle
2250 vehicle in the Wadaihi-Karamanlean conflict and on the discovery of similar components of MK
Robotics in the vehicles used to attack Wadai. According to the Law, Claimant’s assets were to be
subject to freezing. Moreover, the business operations of MK Robotics were affected by Sanctions
Law as a manufacturer of dual-use goods despite its stated policy of only producing vehicles for
commercial and civil purposes.

2255 41. In January 2023, Claimant filed an official request with the Martineek government asking for the
detailed reasons for its inclusion on the sanctions list and demanding that its assets be unblocked.
After three months of unfruitful discussions, on 20 April 2023, Claimant submitted its request for
arbitration to the ICSID Secretariat.

42. After the receipt of Claimant’s Request for Arbitration, Respondent retained the law firm
2260 “Dumbledore, Black & Partners” (“DBP Law”). DBP Law has represented Respondent in these
proceedings since the very beginning: it collected evidence, built the case strategy, and drafted all
the necessary procedural documents and submissions. However, shortly before the scheduled
hearing, DBP Law filed with the Tribunal its Letter of Resignation, in which it indicated its
intention to resign from the case.

2265 43. According to this Letter, DBP Law can no longer represent Respondent after the arrest of the
prominent Martineekean lawyer and human rights defender, Ms. Alia Azadi. Ms. Azadi had been
detained in the courtroom of Martineekean Constitutional Court, where she pleaded against the
recent decision adopted by Respondent’s Parliament to prohibit access to women to a range of
occupations, including the legal profession.

2270

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AGREEMENT ON ENCOURAGEMENT AND RECIPROCAL

PROTECTION OF INVESTMENTS BETWEEN
THE REPUBLIC OF MARTINEEK AND THE FEDERATION OF ALBION

2275 The Republic of Martineek and the Federation of Albion, hereinafter referred to as the Parties;
DESIRING to establish favourable conditions to enhance economic co-operation between two
countries, in relation to investment by nationals and companies of one Party in the territory of the
other Party;
ACKNOWLEDGING that agreement upon the treatment to be accorded such investment will
2280 stimulate the flow of private capital and the economic development of the Parties;
REAFFIRMING their commitment to promote internationally recognized worker rights and
principles of corporate social responsibility;
REAFFIRMING their commitment to sustainable development and to promote the development
of international economic cooperation in such a way as to contribute to sustainable development
2285 in its economic, social and environmental dimensions;
WILLING to duly protect the intellectual property rights of their investors and
RECOGNISING that the provisions of this Agreement preserve the right of the Parties to regulate
within their territories in order to achieve legitimate policy objectives, such as public health,
safety, environment, public morals, financial stability, social or consumer protection, and the
2290 promotion and protection of cultural diversity;
HAVE agreed as follows:

Article 1
For the purposes of this Agreement:
2295 "Investment" means any kind of asset that an investor of one Contracting Party owns or controls,
directly or indirectly, in the territory of the other Contracting Party, in accordance with the laws
and regulations of the aforementioned party, irrespective of the legal form chosen. For the
purposes of this Agreement, an investment includes a certain duration, the commitment of capital
or other resources, and the assumption of risk. Without limiting the generality of the foregoing,
2300 the term “investment” shall include in particular, but not exclusively:
a. an enterprise;
b. movable and immovable property, and any ownership rights in rem, including real
guarantee rights on a property of a third party, to the extent that it is connected with
an investment;
2305 c. shares, debentures, equity holdings and any other instruments of credit;
d. re-invested incomes and capital gains or any service rights having an economic value
as integral part of an investment;
e. intellectual property rights, including copyright and related rights, trade-mark rights,
rights in geographical indications, patent rights, rights in industrial designs and other
2310 intellectual and industrial property rights, know-how, trade secrets, trade names and
goodwill;

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f. any economic right accruing by law or by contract and any license and franchise
granted in accordance with the provisions in force on economic activities, including
the right to prospect for, extract and exploit natural resources;
2315 g. turnkey, construction, infrastructure, management, production, concession, revenue-
sharing, and other similar contracts;
h. any increase in value of the original investment;
i. claims to money or claims to performance under a contract;
j. credits to sums of money or credits to performance under any order, judgment,
2320 arbitral award or under any settlement when such orders, judgments, arbitral awards
or settlements relate to an investment.
Any alteration of the legal form chosen for the investments shall not affect their classification as
investments.
For greater certainty, “claims to money” does not include:
2325 a. claims to money that arise solely from commercial contracts for the sale of goods or
services by a person in the territory of a Contracting Party to another in the territory
of the other Contracting Party;
b. the domestic financing of such contracts; or
c. any order, judgment, or arbitral award related to sub-paragraph (a) or (b), as it lacks
2330 the characteristics of an investment.
“Control” means, in relation to any undertaking, being:
a. entitled to exercise, or control the exercise of (directly or indirectly) more than 50 per
cent of the voting power at any general meeting of the shareholders, members or
partners or other equity holders (and including, in the case of a limited partnership,
2335 of the limited partners of, or, in the case of a trust, of the beneficiaries thereof) in
respect of all or substantially all matters falling to be decided by resolution or meeting
of such persons; or
b. entitled to appoint or remove:

2340 i. directors on the board of directors or its other governing body (or, in the
case of a limited partnership, of the board or other governing body of its
general partner) who are able (in aggregate) to exercise more than 50 per
cent. of the voting power at meetings of that board or governing body in
respect of all or substantially all matters; and/or
2345 ii. any managing member of that undertaking;
iii. in the case of a limited partnership, its general partner; or
iv. in the case of a trust, its trustee and/or manager; or

c. entitled to exercise a dominant influence over that undertaking (otherwise than solely
2350 as a fiduciary) by virtue of the provisions contained in its constitutional documents
or, in the case of a trust, trust deed or pursuant to an agreement with other
shareholders, partners, members (or beneficiaries) of that undertaking.
“Investor” means:
i. a natural person having the nationality of a Contracting Party according to its laws; or

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2355 ii. an undertaking constituted on the territory of a Contracting Party in accordance with
the laws of that Party, and having its head office, as well as real business activities, on
the territory of that Party; or
iii. an undertaking controlled directly or indirectly by a person under a) or b) and
constituted on the territory of a Contracting Party in accordance with the laws of that
2360 Party; and that is making or has made an investment in the territory of the other
Contracting Party in accordance with the law of the latter.
"Territory" means the part of a land area, internal and territorial waters, air space above them, the
sea area outside the territorial waters, including the seabed and subsoil on which the Contracting
Party exercises sovereign rights, and subject to its jurisdiction, according to international law.
2365 “Activities connected with an investment” means, inter alia, the organization, control,
operations, maintenance and disposal of companies, branches, agencies, offices or other
organizations for the conduct of business; the access to the financial markets; the borrowing of
funds; the purchase, sale and issue of shares and other securities and the purchase of foreign
exchange for imports necessary for the conduct of business affairs; the marketing of goods and
2370 services; the procurement, sale and transport of raw and processed materials, energy, fuels and
production means and the dissemination of commercial information.
[Intentionally not reproduced]

Article 2
2375 1. Each Contracting Party shall encourage the investors of the other Contracting Party to invest
in its territory and shall create and maintain in its territory, in conformity with its legal order, a
favorable legal environment, capable of guaranteeing the investors of generally stable and
equitable conditions for investment.
2. Neither Contracting Parties shall set any conditions for the operation, expansion or continuation
2380 of investments, which might imply taking over or imposing any obligations on export
production and specifying that goods must be procured locally or similar conditions.

Article 3
1. Each Contracting Party, within its territory, shall offer to investors of the other party and to
2385 covered investments, treatment no less favourable than the treatment accorded to its own
investors and their investments, or to investors of any third State and their investments, with
respect to the expansion, conduct, operation, management, maintenance, use, enjoyment and
sale or disposal of their investments in its territory.
3. “Treatment” referred to in paragraph 1 does not include procedures for the resolution of
2390 investment disputes between investors and States provided for in other international investment
treaties and other trade agreements.
4. Investment shall at all times be accorded fair and equitable treatment and shall enjoy full
protection and security.
5. Neither Party shall in any way impair by arbitrary or discriminatory measures the management,
2395 operation, maintenance, use, enjoyment, acquisition, expansion, or disposal of investments.

Article 4

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1. The Contracting Parties reaffirm their right to regulate within their territories to achieve
legitimate policy objectives, such as the protection of public health, social services, public
2400 education, safety, the environment including climate change, public morals, social or consumer
protection, privacy and data protection, or the promotion and protection of cultural diversity.
2. For greater certainty, the mere fact that a Contracting Party regulates through general measures,
including through a modification to its laws, in a manner which negatively affects a covered
investment or interferes with an investor’s expectations, including its expectations of profits,
2405 does not amount to a breach of an obligation under this Agreement, as long as this is non-
discriminatory, reasonable and proportionate.

Article 5
1. Neither Party shall nationalise or expropriate a covered investment either directly or indirectly
2410 through measures having an effect tantamount to nationalisation or expropriation except for a
public purpose; in a non-discriminatory manner; upon payment of prompt, adequate and
effective compensation; and in accordance with due process of law and the general principles
of treatment provided for in Article 3.
2. The compensation referred to in paragraph 1 shall amount to fair market value of the investment
2415 expropriated, shall be made without delay, be effectively realizable and be freely transferable
in a freely convertible currency. This includes any form of currency that exists digitally or
virtually and uses cryptography to secure transactions. In case there is an undue delay with
payment of the compensation for expropriation, this compensation shall include interest
according to the legislation of the respective Contracting Party.
2420
Article 6
This Treaty shall not preclude the application by either Party of measures necessary for the
maintenance of public order, the fulfilment of its obligations with respect to the maintenance or
restoration of international peace or security, and the protection of its own national security.
2425
Article 7
1. Each Party shall permit all transfers relating to a covered investment to be made in a freely
convertible currency, without restriction or delay and at the market rate of exchange prevailing
on the date of transfer with regard to the currency to be transferred. Such transfers include:
2430
a. contributions to capital to maintain, develop or increase the investment;
b. profits, dividends, capital gains, interest, royalty payments, management fees,
technical assistance and other fees or returns derived from the investment;
c. proceeds from the sale of all or any part of the investment or from the partial or
2435 complete liquidation of the investment;
d. payments made under a contract entered into by the investor, or its covered
investment, including payments made pursuant to a loan agreement;
e. earnings and other remuneration of personnel engaged from abroad and working
in connection with an investment;
2440 f. payments made pursuant to Articles 5;

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2. Neither Party may require its investors to transfer, or penalise its investors for failing to
transfer, the income, earnings, profits or other amounts derived from, or attributable to, their
covered investments in the territory of the other Party.
3. Notwithstanding paragraphs 1 and 2, this Article shall not be construed as preventing a Party
2445 from applying in an equitable and non-discriminatory manner, and not in a way that would
constitute a disguised restriction on trade and investment, its laws and regulations relating to:

a. bankruptcy, insolvency, bank recovery;

b. issuing, trading, or dealing in financial instruments;
2450 c. financial reporting or record keeping of transfers where necessary to assist law
enforcement or financial regulatory authorities;
d. criminal or penal offenses, deceptive or fraudulent practices;
e. ensuring compliance with orders or judgments in judicial or administrative
proceedings;
2455 f. social security, public retirement or compulsory savings schemes.

Article 8
Subject to the requirement that such measures are not applied in a manner that would constitute
arbitrary or unjustifiable discrimination between investments or between investors, Articles 5 shall
2460 not be construed to prevent a Party from adopting or enforcing measures necessary:
a. to protect public morals;
b. to protect human, animal or plant life or health;
c. to ensure compliance with laws or regulations which are not inconsistent with
the provisions of this Agreement including those relating to:
2465
i. the prevention of deceptive and fraudulent practices or to deal with the
effects of a default on contracts;
ii. the protection of the privacy of individuals in relation to the processing
and dissemination of personal data and the protection of confidentiality
2470 of individual records and accounts;
iii. safety.

Article 9
An investor shall be bound by the laws and regulations in force in the host State and shall refrain
2475 from exercising restrictive practices and from trying to achieve gains through unlawful means.

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Article 10
Where a Party experiences serious balance of payments or external financial difficulties, or threat
2480 thereof, it may adopt or maintain restrictive measures with regard to transfers. Such measures
shall:
a. be consistent with other international obligations of the Party, and with the Articles
of the Agreement of the International Monetary Fund;
b. not exceed those necessary to deal with the difficulties addressed under this
2485 paragraph;
c. be temporary and phased out progressively;
d. avoid unnecessary damage to the commercial, economic and financial interests of
the other Party;
e. be non-discriminatory compared to third countries in like situations.
2490 A Party maintaining or having adopted measures referred to in this paragraph shall promptly notify
them to the other Party.

Article 11
1. The Parties shall cooperate on issues covered by this Agreement.
2495 2. To this end, the Parties shall establish a Committee, which shall meet once a year or at the
request of a Party.
3. The Committee shall:

a. supervise and facilitate the implementation and application of this Agreement and
2500 further its general aims;
b. consider any matter of interest relating to an area covered by this Agreement
c. establish its own procedures.

Article 12
2505 1. Any dispute which may arise between one of the Contracting Parties and an investor of the
other Contracting Party, from a covered investment including disputes relating to the amount
of compensation, shall as far as possible be settled through consultation and negotiation.
2. In the event that such dispute cannot be settled as provided for in paragraph 1 of this Article
within three (3) months from the date of a written application for settlement, the investor in
2510 question may submit at its choice the dispute for settlement to one of the following fora:

a. the competent Court of the Contracting Party,

b. an ad hoc Arbitration Tribunal, in compliance with the Arbitration Rules of the
UN Commission on International Trade Law (UNCITRAL) as in force at that
2515 time, unless another set of rules is agreed by the parties to the dispute;
c. the International Centre for Settlement of Investment Disputes (ICSID), for the
implementation of an arbitration procedure, under the Washington Convention of
18 March, 1965, on the Settlement of Investment Disputes between State and
National of other State, if this had entered into force for both of the Contracting
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2520 Parties to the dispute, or, alternatively, in accordance with the ICSID Additional
Facility Rules, if the Washington Convention has entered into force only for one
the Contracting Parties.

3. In case of arbitration proceeding sub (b) or (c) above, an investor may only submit a claim if
2525 the investor itself or any entity directly or indirectly controlled by it, or by which it is in turn
directly or indirectly controlled, withdraws or discontinues any existing proceeding before a
tribunal or court under domestic or international law with respect to a measure alleged to
constitute a breach of this Agreement, as well as it waives its right to initiate any claim or
proceeding of the same kind with respect to a measure alleged to constitute such a breach. The
2530 investor shall apply this provision in good faith and avoid double proceedings for the same
kind of substantial claims.
4. In the event that the Investor, the investment or the State have already been satisfied under
domestic law on a claim substantially reproducing that to be addressed under this article, the
disputing Party is forbidden from proposing an arbitration.
2535 5. In case of arbitration proceeding sub (b) or (c) above, all arbitrators appointed by the disputing
parties shall be independent, serve in their individual capacities and not be affiliated with the
government of either of the Contracting Parties. All arbitrators shall have specialized
knowledge of or experience in public international law and international investment law, or in
the settlement of disputes under international investment agreements. The arbitrators shall
2540 comply with arbitrators’ codes of conduct adopted by the Parties in Annex I (Code of conduct).
6. The UNCITRAL Rules on Transparency in treaty-based Investor-State Arbitration (the
“UNCITRAL Transparency Rules”) shall apply to disputes under this Agreement.
7. When rendering its decision, the Tribunal shall apply this Agreement as interpreted in
accordance with the Vienna Convention on the Law of Treaties, and other rules and principles
2545 of international law applicable between the Parties. Where the Tribunal is required to ascertain
the meaning and effects of the provisions of domestic law as a matter of fact, it shall follow the
prevailing interpretation made by the courts or authorities of that Party.
8. Upon the entry into force between the Contracting Parties of an international agreement
providing for a multilateral investment tribunal and/or a multilateral appellate mechanism
2550 applicable to disputes under this Agreement, and irrespective of Article 15, the relevant parts
of this Agreement shall cease to apply.

Article 13
1. In case a dispute arises between the Contracting Parties on any alleged breaches in this
2555 Agreement, relating to its interpretation and application, this shall, as far as possible, be settled
amicably through consultation and negotiation.
4. In the event that the dispute cannot be settled within six months from the date on which one of
the Contracting Party notifies the other Contracting Party in writing, the dispute shall at the
request of one of the Contracting Parties, be laid before an ad hoc Arbitration Tribunal as
2560 provided for in this Article.
5. The Arbitration Tribunal shall be constituted in the following manner: within two months from
the moment on which the request for arbitration is received, each of the two Contracting Parties
shall appoint a member of the Tribunal. The President shall be appointed within three months
from the date on which the other two members are appointed, by agreement of the Contracting
2565 Parties.

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6. If, within the period specified in paragraph 3 of this Article, the appointment has not been
made, each of the two Contracting Parties may invite, in default of other arrangements, the
President of the International Court of Justice to make an appointment. In the event that the
President of the Court is a national of one of the Contracting Parties or if, for any reason, it is
2570 impossible for him/her to make the appointment, the application shall be made to the Vice
President of the Court. If the Vice President of the Court is a national of one of the Contracting
Parties or, for any reason, is unable to make the appointment, the most senior member of the
International Court of Justice, who is not a national of one of the Contracting Parties, shall be
invited to make the appointment.
2575 7. The Arbitration Tribunal shall rule with a majority vote, and its decision shall be binding. Each
Contracting Parties shall pay the cost of its own arbitrator and of its representative at the
hearings. The President’s cost and any other cost shall be divided equally between the
Contracting Parties. The Arbitration Tribunal shall lay down its own procedure.

2580 Article 14
By mutual consent, the Contracting Parties may amend this Agreement, or may jointly issue an
interpretative note of any provision thereof. Any such amendments and additions will be executed
by a separate protocol, which is an integral part of this Agreement, and will enter into force as
provided by Article 16 of this Agreement.
2585
Article 15
1. A Party may deny the benefits of this Agreement to an investor of another Party that is an
enterprise of such Party and to investments of such investor if investors of a non-Party own or
control the enterprise and the denying Party:
2590
a. does not maintain diplomatic relations with the non-Party; or
b. adopts or maintains measures with respect to the non-Party that prohibit
transactions with the enterprise or that would be violated or circumvented if the
benefits of this Agreement were accorded to the enterprise or to its investments.
2595
2. A Party may deny the benefits of this Agreement to an investor of another Party that is an
enterprise of such Party and to investments of such investors if investors of a non-Party own or
control the enterprise and the enterprise has no substantial business activities in the territory of
the Party under whose law it is constituted or organised.
2600
Article 16
1. This Agreement, its amendments and additions shall enter into force on the date of receiving
the last written notification confirming the implementation by the Contracting Parties of all
internal procedures necessary for its entry into force.
2605 2. This Agreement will remain in force for the period of ten years. Thereafter, it will be
automatically extended for further periods of five years, unless one of the Contracting Parties
notifies in writing to the other Contracting Party within a minimum of six months prior to the
expiration of the current period of validity, its intention to terminate it.

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3. In case of investments made prior to the expiry date of this Agreement, the provisions of this
2610 Agreement shall remain active for a further period of five (5) years from the date of the
termination of this Agreement.
4. In witness thereof the undersigned Representatives, duly authorized by their respective
Governments, have signed the present Agreement.

2615
DONE in Siaya, Martineek on 21 January 2013 in two originals each in English.

For the Republic of Martineek

Minister of Foreign Affairs
2620 Joseph Miles
[signature illegible]

For the Federation of Albion

Minister of International Trade and Economy
2625 Bethany Wu
[signature illegible]

ANNEX I. CODE OF CONDUCT FOR ARBITRATORS

[intentionally not reproduced]
2630

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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

ICSID Case No. ARB/21/37

2635

DELOREAN TECHNOLOGIES LLC

Claimant

v.

THE REPUBLIC OF MARTINEEK

2640 Respondent

PROCEDURAL ORDER NO. 3

2645

Members of the Tribunal

Richard Sanchez, President of the Tribunal
Tamara Gueterman, Arbitrator
2650 Dr. Xenon Bloom, Arbitrator

Secretary of the Tribunal

Jerry Smith

2655

31 October 2023

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This order of the Tribunal sets out additional facts agreed between the parties, following exchanges
and consultations. The facts herein supplement those set out in Procedural Order No. 2 of 30
October 2023, and the Statement of Uncontested Facts. In addition, the parties have also agreed
2660 upon corrections to the existing record. For ease, the parties presented a separate copy of the record
with the corrections highlighted in red. The redline copy is attached to this document.

1. The Committee on International Trade is an organ established within the Martineekean

Parliament, founded to support legislative works on matters related to trade within the
Martineekean Parliament. The Head of the Committee supervises its work and ensures its
2665 effective conduct.

2. Martineek and Albion have at all relevant times been Member States of the United Nations
and the World Trade Organization and parties to the Vienna Convention on the Law of
Treaties.

3. Respondent extends its position on jurisdiction beyond the scope of Article 9 previously
2670 referred to in paragraph 30 (i) of the Response to the Request for Arbitration. Paragraph
7.3 (i) of the Provisional Order No. 1 and paragraph 4 (b) of the Provisional Order No. 2
are amended accordingly.

4. Since the enactment of the Sanctions Law, a total of 12 companies, besides Claimant, have
been added to the sanctions list. All the listed companies are Albionese companies, with
2675 State ownership ranging from 40% to 75%, and primary areas of operation in advanced
communication systems, additive manufacturing and high-tech materials, such as carbon
fibers. The indicated reason for imposed sanctions was the involvement of these
companies in the "Albion First" program and the transfer of sensitive technologies. None
of their products was mentioned to be involved in the Wadaihi-Karamanlean conflict.

2680 5. Martineek did not impose any sanctions on States other than Albion or on investors from
any States other than Albion, operating in the high-technology sector.

6. The valuation by 20 November 2022 was based on the market capitalization of Claimant’s
shares.

7. Global Armament Review is a private organization that investigates and tracks the supply
2685 of weapons with the purpose to mitigate its unauthorized use in armed conflicts. GAR
receives financial support from States, agencies and trusts.

8. Dr. Farnsworth consistently utilized the "copy and paste" electronic signature form in all
the documents provided to Claimant, with the only alteration being the date.

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9. Apart from the technological advantages of MK Robotics, one of the factors that
2690 influenced Claimant's decision to invest in the company was Dr. Farnsworth’s close ties
with governmental officials of Martineek.

10. Claimant received copies of the authorization and relied on the information provided by
the law firm, Saul Goodman & Associates, hired by Dr. Farnsworth to conduct due
diligence. While Claimant verified whether all the steps of the purchase process, including
2695 authorization, were followed, it did not otherwise seek to confirm the accuracy of the
information or properly authenticate signed documents.

11. Claimant is only seeking damages enlisted in its Request for Relief. The method of
valuation is not being contested by the Parties.

12. The full case file of the present arbitration proceedings contains more than 3000 pages of
2700 legal submissions and more than 800 factual and legal exhibits.

13. The issue of counsel resignation shall be addressed at the written stage of the FDI Moot.
The teams are encouraged to address first the issues of jurisdiction, merits, and quantum
in a Memorandum for Claimant/Respondent, followed by a separate procedural document
addressing the issue of counsel resignation on behalf of Claimant/DBP.

2705 14. All other arrangements in respect of counsel resignation remain in force: pursuant to the
Tribunal’s directions, the issue of counsel resignation at the hearing will be dealt with as
a preliminary matter on which DBP and Claimant will present their arguments, followed
by the arguments of Claimant and Respondent on jurisdiction, merits, and quantum. The
teams and arbitrators participating in the Regional Rounds are encouraged to follow the
2710 same order and assume that the hearing takes place on 2-5 November 2023.

15. Respondent had requested time extensions of 4 to 5 weeks on three occasions in these
proceedings based on the following arguments: (1) the unavailability of its representative,
DBP, to draft the submission by the suggested deadline due to another 3-week investment
arbitration hearing in which DBP represented another State, the Republic of Verkhni Lars;
2715 (2) the majority of the Respondent’s Ministry of Justice’s team being affected by COVID,
and being unable to assist the external counsel, DBP, with collection of evidence; (3) the
Respondent’s Ministry of Justice being closed for 2 weeks for religious holidays, and
being unable to assist the external counsel, DBP, with the review of the draft submissions.
The Tribunal granted the requests for extension for 2 weeks in each case.
2720

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[signed]
Richard Sanchez
President of the Tribunal
2725
[signed] [signed]
Tamara Gueterman Dr. Xenon Bloom
Arbitrator Arbitrator

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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

ICSID Case No. ARB/21/37

2730

DELOREAN TECHNOLOGIES LLC

Claimant

2735 v.

THE REPUBLIC OF MARTINEEK

Respondent

2740
PROCEDURAL ORDER NO. 4

Members of the Tribunal

2745 Richard Sanchez, President of the Tribunal
Tamara Gueterman, Arbitrator
Dr. Xenon Bloom, Arbitrator

Secretary of the Tribunal

2750 Jerry Smith

1 November 2023

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This order of the Tribunal sets out additional facts agreed between the parties, following exchanges
2755 and consultations. The facts herein supplement those set out in Procedural Order No. 2 of 30
October 2023, the Statement of Uncontested Facts, and Procedural Order No. 3 of 31 October
2023. In addition, the parties have also agreed upon corrections to the existing record highlighted
in red.

1. The separate procedural document regarding counsel resignation counts toward

2760 the total word limit established by FDI Moot Rules.

2. DBP is a “Group Member” of the International Bar Association. According to DBP’s

website, it adheres to the IBA International Principles on Conduct for the Legal
Profession.

3. Under the law of Martineek, men and women formally were equal and had the
2765 same rights. However, in practice, Martineekean society has always put pressure
on Martineekean women to prioritize marriage and having children. While in
theory women could have access to any profession, they had to combat gender
stereotypes daily. As Ms. Alia Azadi stated in one interview: “I was shocked when
a partner in one law firm where I had a job interview for the bar traineeship said:
2770 I have just seen you parking your car, not bad for a woman!”

4. As regards the lack of immediately available legal counsel within the Ministry of
Justice of Martineek, the legal team of the Ministry of Justice consists of 2
attorneys: one attorney is on a maternity leave until early 2025 (in accordance with
the laws of Martineek), and another attorney is supervising over 10 investment
2775 arbitration proceedings, as well as dozens of commercial arbitrations and
enforcement proceedings in multiple jurisdictions.

5. DBP has been representing Martineek in 3 ongoing investment arbitration

proceedings and sought resignation in all of these proceedings. No decision has
yet been made by two other investment tribunals on the DBP’s requests to resign.

2780 6. Following the annual sanctions review, three entities have been removed from the
sanctions list. Claimant remains subject to sanctions.

7. Mimic Tech LLC paid the full purchase price, and the assets were transferred
before the Sanctions Law was imposed.

2785
[signed]
Richard Sanchez
President of the Tribunal

[signed] [signed]
Tamara Gueterman Dr. Xenon Bloom
Arbitrator Arbitrator

2790

102