Summary

United Nations Commission on International Trade Law Arbitration Rules 1976

Notice of Arbitration

TABLE OF CONTENTS
INTRODUCTION
I. THE PARTIES
A. The Claimant
B. The Respondent
II. SUMMARY OF THE FACTUAL BACKGROUND AND THE DISPUTE
A. Corporate Structure
B. Alleged Intercompany Insolvability
C. The Emergency Declaration
D. The Sale of Banco di Caribe
E. Mullet Bay and its Impending Sale
III. LEGAL FRAMEWORK
A. Material Jurisdiction
B. Personal Jurisdiction
C. Temporal and Spatial Jurisdiction
IV. THE KINGDOM OF THE NETHERLANDS HAS BREACHED THE TREATY
V. REFERENCE TO ARBITRATION
VI. PROCEDURAL MATTERS
A. Constitution of the Arbitral Tribunal
B. Language and Place of the Proceedings
VII. RELIEF SOUGHT

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VII. RELIEF SOUGHT

93. In light of the above, Claimant respectfully requests the Arbitral Tribunal to:

(i) declare that the Kingdom of the Netherlands has breached its obligations;

(ii) order Respondent, and thus the CBCS, to cease its plans for the sale and further depletion of the assets of Ennia, including but not limited to Mullet Bay;

(iii) order Respondent, and thus the CBCS, to abstain from any negotiations, consultations, conversations or actions with any third parties which could prevent the due execution of the Treaty or otherwise frustrate its objects;

(iv) order Respondent to allow access to Claimant to documents necessary for its claim, including all audited financial statements of Ennia Caribe Holding NV, Ennia Caribe Leven NV, Ennia Caribe Schade NV and Ennia Caribe Zorg NV for the period 2017- 2021, and all asset liability management studies of Ennia Caribe Holding NV, Ennia Caribe Leven NV and EC Investments BV for the period 2017-2021;

(v) order the Respondent to restore the Claimant's proprietary rights as per the date of the intervention, including compensation;

(vi) order the Respondent to compensate in full the Claimant for Respondent's breaches under the Treaty, which shall be quantified at a later stage but are estimated at at least USD 132,850,633.44 plus interest;

(vii) order Respondent to pay the Claimant the full costs of the arbitration, including but not limited to compensation for all arbitrators' fees and costs, legal fees and expenses incurred by the Claimant in connection with the present dispute; and

(viii) order Respondent to pay applicable interests to any amount awarded until the Kingdom of the Netherlands complies with such award.

94. Claimant reserves its right to modify or supplement the claims and prayer for relief stated in this Notice of Arbitration, to advance further claims, arguments, and prayers for relief and to produce further factual and/or legal evidence as may be necessary to complete or supplement the presentation of those claims, and to respond to any arguments or allegations raised by the Kingdom of the Netherlands.

95. For all the reasons set out above, Claimant respectfully requests that UNCITRAL registers this arbitration against the Kingdom of the Netherlands.

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OCR errors may me present