Eugenio Montenero v People's Republic of China - Request for consultations under the Agreement between the Swiss Federal Council and the Government of the People's Republic of China on the Promotion and Reciprocal Protection of Investments regarding certain Swiss investments in the People's Republic of China - 12 November 2020
The purpose of this letter is to respectfully notify the People's Republic of China (China) that an investment dispute has arisen under the Agreement between the Swiss Federal Council and the Government of the People's Republic of China on the Promotion and Reciprocal Protection of Investments (CH-CN BIT) between Mr. Eugenio Montenero - Swiss national, shareholder and sole director of the now dissolved H&M Production Hong-Kong, Asia. Co, Ltd (H&M Production) - and the People's Republic of China (Dispute) as well as to request consultations with China pursuant to Article 11(1) of the CH-CN BIT in order to reach a mutually agreed solution to the Dispute (Request for Consultations).
The Dispute has arisen out of certain measures taken by China against Mr. Eugenio Montenero's investments (including those carried out through H&M Production) in relation the Hainan International Jazz Festival project (Project). These investments have been:
(i) unlawfully expropriated, in violation of Article 6 of the CH-CN BIT and international law;
(ii) treated unfairly and inequitably and impaired by discriminatory or otherwise unreasonable measures, in violation of Article 4(1) of the CH-CN BIT;
(iii) directly affected by Chinese authorities' failure to observe the commitments taken in relation thereto, in violation of Article 8 of the CH-CN BIT; and
(iv) been the subject of other China's violations of her obligations as well as the rights and guarantees she granted to Swiss investors under the CH-CN BIT.