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Clarification of case under examination in international tribunal

03/08/2018

The Ministry of Justice of the Republic of Armenia, touching upon the publication about Arin Capital & Investment Corporation and Diaspora Armenian businessman Edmond Khudyan posted on 1in.am on 30 July 2018, informs that an international tribunal is examining the claim filed by Edmond Khudyan against the Republic of Armenia that has nothing to do with the reality and is in astronomical amounts. We also inform that, in relation to this, the actions carried out and currently being carried out by the Government of the Republic of Armenia, namely the Ministry of Justice of the Republic of Armenia, are only aimed at protecting the interests of the Republic of Armenia at the International Centre for Settlement of Investment Disputes and comply with the legislation of the Republic of Armenia and international practice for the examination of such cases. Based on the above-mentioned, we consider that the statements "clean" a certain person or "justify protectionism" of a certain person — included in the publication — are unacceptable and don't correspond to the reality, to say the least.

At the same time, as regards the observations concerning organising of the process for protection of the interests of the Republic of Armenia included in the publication, we inform that advocacy and legal services have been obtained through the procedure provided for by sub-point 5 of point 1 of Article 23 of the Law of the Republic of Armenia "On Procurement" for protection of the interests of the Republic of Armenia under arbitration case ICSID No.ARB /17/36 accepted by the International Centre for Settlement of Investment Disputes for proceedings on 27 September 2017, the results of which have been approved by Decision of the Government of the Republic of Armenia No 1483-N of 23 November 2017 as a result of reaching an agreement thereon with all the competent agencies.

It should also be mentioned that "Concern-Dialog" law firm is not a Contractor of the Contract concluded within the scope of the case on protection of the interests of the Republic of Armenia examined in the proceeding of the International Centre for Settlement of Investment Disputes, but according to the same Contract, it is the co-advisor of contractor CMS Hasche Sigle law firm (seats - Germany and Hong Kong), and no money has ever been paid to "Concern-Dialog" law firm by the Government within the scope of the case that is under consideration.

Touching upon the recommendation included in the last part of the publication, we inform that the Government of the Republic of Armenia and the Ministry of Justice have always expressed their willingness to settle the dispute through reconciliation within the scope of the discussions held in regard to the issue and with the participation of the representatives of the applicant, while requesting to submit a reasonable recommendation for settling the issue.

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