Summary

This Notice of Arbitration is issued pursuant to the UNCITRAL Arbitration Rules (with new article 1, paragraph 4, as adopted in 2013) ("UNCITRAL Rules") by United States Citizen Dr. Maya Dangelas (formerly known as Ms. Dang Thi Hoang Yen), and the United States corporations she owns and controls, U.S. Global Institute, Inc. and Angels Company, Inc. ("Claimants").

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This Arbitration is brought pursuant to agreements to arbitrate contained in Chapter IV of The Agreement Between The United States And The Socialist Republic Of Vietnam On Trade Relations (the "Trade Agreement"); Vietnam's Law on Investment of 2005 (Law No. 59-2005-QH11) and the Law on Investment of 2014 (Law No. 67-2014-QH13) (the "Investment Laws"); and, importantly, the Vietnam Decree on Public-Private Partnership Investment Form, No. 15/2015/ND- CP (the "PPP Decree") issued and personally signed by former Prime Minister Dung, an explicit agreement to arbitrate claims such as those set forth in this Notice of Arbitration.

Article 110 of the Vietnam Constitution states that "[t]he Government shall be composed of the Prime Minister" and others.1 Consequently, former Prime Minister Dung, the embodiment of the Government that consented to this Arbitration (as detailed below), is bound to arbitrate the disputes set forth in this Notice of Arbitration arising from his wrongful actions while he was the Prime Minister of Vietnam. By naming Mr. Dung as Respondent in this Arbitration, the Government itself necessarily is a party to this Arbitration. However, at this time, Claimants are not seeking to recover damages from the Government but, with the cooperation of the Government, only from Mr. Dung for his wrongful actions while acting as Prime Minister of Vietnam.

Claimants demand arbitration to recover all damages caused by breaches of numerous investment authorizations and agreements by and between TEC and the Vietnamese Government, as embodied by Respondent Dung, arising from the expropriation of Claimants' investment in the Project in Vietnam.

The damages suffered by Claimants result directly from Mr. Dung's actions, in his official and personal capacities, including as former Organ and agent of The Socialist Republic of Vietnam, as well as the violations by the Socialist Republic of Vietnam, under Mr. Dung's direct oversight and control of the Project and for which he should be held responsible, of the investment protections granted to Claimants under the Trade Agreement as well as under the Investment Laws.

As detailed below, Mr. Dung was directly involved, at every step, in inducing Claimants to invest over US$250 Million in the Project, which was cancelled without any legitimate justification and in violation of numerous Vietnamese Government Decrees, Decisions and Licenses issued to Claimants and the companies they own and control in Vietnam and thus in violation of the Trade Agreement, Investment Laws, and the PPP Decree. Mr. Dung, as former Prime Minister, should be held responsible for all such violations.

This cancellation was a direct instruction by Mr. Dung once he learned Dr.

Dangelas would not have the personal and business relationship that he desired, one having nothing to do with his role as then-Prime Minister of Vietnam.

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Kien Luong Power Plant Arbitration; Kien Luong Thermal Power Plant Projects