Mr. Danilo Ruggero Di Bella BOTTEGA DI BELLA Calle Toledo núm. 9, 2C – 03002 Alicante (Spain) [email protected] www.bottegadibella.com Tel.: +34 617 56 52 90
By email
To:
H.E. Mr. Xi Jinping H.E. Mr. Li Keqiang President of the People's Republic of China Premier of the State Council Zhongnanhai No. 2, Fuyou Street Xicheng District Xicheng District Beijing 100017 Beijing 100017 People's Republic of China People's Republic of China [email protected] [email protected] [email protected]
H.E. Mr. Tang Yijun H.E. Mr. Luo Shugang Minister of Justice Minister of Culture and Tourism No. 6, Chaoyangmeng South Street No. 10, Chaoyangmeng North Street Beijing 100020 Beijing 100020 People's Republic of China People's Republic of China [email protected] [email protected]
H.E. Mr. Wang Yi H.E. Mr. Geng Wenbing Minister of Foreign Affairs Ambassador to Switzerland No. 2, Chaoyangmeng South Street Kalcheggweg 10 Beijing 100701 3006 Bern People's Republic of China Switzerland [email protected] [email protected] [email protected]
Mr. Shen Xiaoming Mr. Liu Cigui Governor of Hainan Secretary of the CPC Hainan New Government Office Building Provincial Committee 10F, No. 9, Guoxing Avenue New Government Office Building Haikou, Hainan 10F, No. 9, Guoxing Avenue People's Republic of China Haikou, Hainan [email protected] People's Republic of China [email protected] [email protected] [email protected] [email protected]
Ms. Sun Ying Mr. Lin Guangqiang Director of the Provincial Department of CPC Secretary of the Provincial Culture, Radio, Film, Television, Publication Department of Culture, Radio, Film, and Sports Television, Publication and Sports Provincial Government Building Provincial Government Building 14-16F, No. 59, Haifu Road 14-16F, No. 59, Haifu Road 1
Mr. Danilo Ruggero Di Bella BOTTEGA DI BELLA Calle Toledo núm. 9, 2C – 03002 Alicante (Spain) [email protected] www.bottegadibella.com Tel.: +34 617 56 52 90
Haikou, Hainan Haikou, Hainan People's Republic of China People's Republic of China [email protected] [email protected] [email protected] [email protected]
Mr. Ding Hui Mr. Wang Rulong Mayor of Haikou CPC Secretary of Haikou Tourism Second Office Area of Culture & Radio & TV Sports Haikou Municipal Government Bureau Changbin Road Office Area of Haikou Municipal Xiuying District Government Haikou, Hainan 3F, South Buillding, No. 18, Changbin People's Republic of China Road [email protected] Xiuying District [email protected] Haikou, Hainan People's Republic of China [email protected]
Alicante, 12 November 2020
SUBJECT: 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
Dear President, Dear Premier, Dear Ministers, Dear Ambassador, Dear Governor, Dear Secretaries, Dear Director, Dear Mayor,
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: 2
Mr. Danilo Ruggero Di Bella BOTTEGA DI BELLA Calle Toledo núm. 9, 2C – 03002 Alicante (Spain) [email protected] www.bottegadibella.com Tel.: +34 617 56 52 90
(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.
By way of summary, the Project – and Mr. Eugenio Montenero's investments in China – consisted in organizing a yearly jazz festival in Hainan akin to the Montreux Jazz Festival in Switzerland, which would culminate with the opening of permanent jazz cafés to generate steady profits throughout the year in-between each edition of the festival. The Project had the support of local Hainan and Haikou authorities and was officially launched in 2013 with the holding of the first edition of the Hainan International Jazz Festival from 24 to 27 October.
Despite the vibrant success of this first edition of the Festival and the authorities' representation that they were eager to follow through with the next edition, the Haikou government suddenly and inexplicably changed its position just a few months prior to the period during which the second edition of the Festival was scheduled to take place in 2014 and refused to deliver any further authorization necessary to organize subsequent festivals on the island. The government's radical and unexpected disengagement from the Project dramatically disrupted its schedule and eventually resulted in its failure, thereby nullifying the value of Mr. Eugenio Montenero’s investments and H&M Production's sole business purpose.
Mr. Eugenio Montenero now seeks monetary compensation in the amount of at least five (5) million Swiss francs for the damage and loss he has sustained as a result of China's violations of inter alia Articles 6, 4(1), and 8 of the CH-CN BIT.
In accordance with Article 11(1) of the CH-CN BIT, Mr. Eugenio Montenero kindly requests good faith consultations with China to reach a mutually agreed solution to the Dispute. Mr. Eugenio Montenero proposes that such consultations be conducted via videoconferencing within thirty (30) days of the date of this Request for Consultations. Mr. Eugenio Montenero requests that China confirm in writing within fifteen (15) days that she agrees to this proposal and provide her preferred dates for the consultations to be held virtually.
If these consultations do not result in a solution within six months of the date of this Request for Consultations, Mr. Eugenio Montenero reserves his right to commence international
3
Mr. Danilo Ruggero Di Bella Dl^ L_* BOTTEGA DI BELLA \ P9rrE"gR PFf Calle Toledo nùm. 9, 2C - 03002 Alicante (Spain) dani [email protected] H,:ffi%i;TliH'fi arbitration proceedings against China in accordance with Article 11(2)-(7) of the CH-CN BlT, without further notice. In this regard, Mr. Eugenio Montenero hereby accepts China's offer to arbitrate this dispute.
Nothing in this Request for Consultations and Negotiations shallbe construed as limiting the facts, evidence, or legal arguments Mr. Eugenio Montenero may present, or the legal rights and remedies it may pursue, in legal proceedings against China.
Mr. Eugenio Montenero expresses his gratitude for your kind and careful consideration of this Request for Consultations and looks forward to resolving the Dispute in a mutually acceptable way.
A hard copy of this Notice of Dispute and Request for Consultations has also been kindly sent via DHL courier to the following addresses:
H.E. Mr. Xi Jinping, Mr. Ding Hui President of the People's Republic of Mayor of Haikou China Second Office Area of General Secretary Office Haikou Municipal Government Central Committee of the Communist Party Changbin Road of China Xiuying District Zhongnanhai Ximen, Fuyou Street Haikou, Hainan,570100 Xicheng District, Beijing 100017 People's Republic of China People's Republic of China
Mr. Eugenio Montenero is assisted by Mr. Danilo Ruggero Di Bella of the law firm Bottega Dl BELLA, in Alicante (Spain).
Yours sincerely,
Montenero Mr. Danilo Ru§gero Di Bella
Attorney-at-law ICAM n. 1 27330 n,w Bottegd Dl BELLA