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BOTTEGA DI BELLA
EMPOWERING YOUR INTERNATIONAL RIGHTS

Mr. Giuliano Stefano Wildhaber
Director of Human Rights Defenders Inc.
POSTFACH 118
CH-9606 BÜTSCHWIL / SG
SWITZERLAND
[email protected]
Tel.: +41 76 690 12 13

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

President of the Swiss Confederation and Finance Minister
Attention: His Excellency Ulrich “Ueli” Maurer
Federal Chancellery
Bundesplatz 3, 3005 Bern, Switzerland
Tel. +41 58 462 21 11
[email protected]

22 November 2019

SUBJECT: Notice of dispute and acceptance of Switzerland’s offer to arbitrate under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) as well as start of the six-month consultation period to reach an amicable settlement of the dispute under Article 10 of the Agreement between the Swiss Confederation and the Hungarian People’s Republic on the Reciprocal Promotion and Protection of Investments

Dear President of the Swiss Confederation and Swiss Finance Minister, Honorable Maurer:

Human Rights Defenders Inc. – a company incorporated in accordance with the laws of the Seychelles – has been assigned with multiple ICSID claims by Italian real estate developers and investors in Switzerland who have been severely affected by:

1) the Federal Decree of 6 October 1989, which abruptly imposed a ban with retroactive effects on the sale of real property within 5 years as of its purchase in contravention with the referendum’s outcome of 4 December 1988, and

2) the contextual decision of the Swiss National Bank (SNB) to start raising aggressively its discount rate, which prompted an increase of the mortgage rates.

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BOTTEGA DI BELLA
EMPOWERING YOUR INTERNATIONAL RIGHTS

Such measures are attributable to the Swiss State and to its underlying purposes of devaluing property’ prices and obstructing real estate developments over the 1990s. These measures, separately and in combination, have caused an indirect or creeping expropriation of the real estate investments owned by the Italian nationals, who have suffered an economic loss of more than CHF 300 million, which has not been compensated yet. The corresponding compensation for such damages has been demanded by Human Rights Defenders Inc. to the Swiss Federal Finance Administration since 8 December 2016 (see attachment n. 1). The absence of such prompt, adequate and effective compensation for the expropriation of aliens’ assets makes of these measures adopted by the Swiss State an unlawful expropriation under customary international law and relevant treaty law.

The dispute giving rise to this notification between Human Rights Defenders Inc. and the Swiss State stems primarily from such actions and omissions (namely, the Federal decree, the decision of the SNB, and the outstanding compensation).

In particular, Italian nationals’ ICSID claims - that have been assigned to Human Rights Defenders Inc. - rely inter alia on the Convention d’établissement et consulaire entre la Suisse et l’Italie of 1868 invoked in combination with the “Agreement between the Swiss Confederation and the Hungarian People’s Republic on the Reciprocal Promotion and Protection of Investments” of 1988 by virtue of its most-favoured-nation provision at Article 10, in accordance with the International Law Commission’ s Draft Articles on most-favoured-nation clauses of 1978 and ICSID jurisprudence. Both international bilateral treaties are still in force.

This letter constitutes Human Rights Defenders Inc.’s notification of acceptance of Switzerland’s offer to arbitrate this dispute in an ICSID arbitration contained in Article 10 of the “Agreement between the Swiss Confederation and the Hungarian People’s Republic on the Reciprocal Promotion and Protection of Investments,” in the event that no amicable settlement of this dispute is reached within a period of six months, as set forth in the second paragraph of the same Article. Upon notification of such letter, Human Rights Defenders Inc.’ consent to arbitrate this dispute with Switzerland is perfected and the six-month consultation period shall run.

In accordance with Article 25(2)(a) of the ICSID Convention, all Human Rights Defenders Inc.’s ICSID claim assignors currently hold the Italian nationality (i.e. at the date on which their assignee consents to submit such dispute ICSID arbitration). ICSID claim assignors will continue to hold the Italian nationality on the date on which the Request for Arbitration will be submitted and registered (viz. six-month from the notification of this letter), in case the consultation period between the disputing parties does not lead to an amicable solution of the dispute or is not fruitful. None of the ICSID claim assignors holds also the Swiss nationality. All ICSID claim assignors have been informed of and agreed with their ICISD claim assignee’s consent to an ICSID arbitration to solve this dispute.

Human Rights Defenders Inc. is ready to meet with any high-ranking representative whom Switzerland will designate to discuss a possible amicable settlement of this dispute. Human Rights Defenders Inc. proposes the following tentative schedule for the consultations providing for four meetings in Bern, to be held approximately every month and a half:

16 December 2019
31 January 2020
17 March 2020
4 May 2020
15 June 2020

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BOTTEGA DI BELLA
EMPOWERING YOUR INTERNATIONAL RIGHTS

Lack of any proposal by Switzerland as to the schedule for the consultations, failure to agree on the schedule for the consultations or Switzerland’s representatives’ failure to attend the first two tentative meetings in December and in January will be deemed as Switzerland’s waiver of the remainder of the period for the consultations.

Human Rights Defenders Inc. has already made the payment of the ICSID lodging fee of USD 25. 000 to proceed with the filing of the corresponding Request for Arbitration, should consultations not result in an agreement or should consultations prove unfruitful. A copy of this letter has also been sent out to the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C. so that the Centre can take note of Human Rights Defenders Inc.’s efforts to negotiate an amicable solution of this dispute with Switzerland.

Human Rights Defenders Inc. is assisted by Mr. Danilo Ruggero Di Bella from the law firm Bottega DI BELLA, in Alicante (Spain).

Sincerely yours,

Attachments:

1) Die Betreibung for CHF 300 Million which is the Swiss legal form to enforce a pecuniary claim.
2) ICSID Proof of wire transfer of USD 25. 000 for the ICSID lodging fee (ICSID REF# ICSIDFU20-5-REC’T).

Copy to:

1) ICSID, 1818 H Street, N.W. MSN J2-200 Washington, D.C. 20433 U.S.A.
2) Italian assignors of Human Rights Defenders Inc.

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Ostermundigen, 01.12.2016
Betreibungsamt Bern-Mittelland
Dienststelle Mittelland
Signature

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Betreibung Nr. / Poursuite n°
96102834

P.P. 3071 Ostermundigen
BU
Post CH AG
98.05.032363.01279774

Betreibungsamt Bern-Mittelland
Dienststelle Mittelland
Poststrasse 25
3071 Ostermundigen

Nicht zustellbar / Non notifiable

[ ] Gestorben / Décédé

[ ] Weggezogen / Déménagé

[ ] Nicht abgeholt / Non réclamé

[ ] Im Militär-, Zivil- oder Schutzdienst bis ...
Au service militaire, service civil ou protection civile jusqu'au ...

[ ] Empfänger nicht ermittelbar / Destinataire introuvable

Grund / Raison

Zustellbescheinigung / Notification

[X] An Adressat / Au destinataire

[ ] An eine andere Person / A une autre personne

Vorname, Name und Verhältnis zum Adressaten
Prénom, nom et relation avec le destinataire

Rechtsvorschlag / Opposition

[X] Rechtsvorschlag (gesamte Forderung) / Opposition totale

[ ] Teilrechtsvorschlag / Opposition partielle

Rechtsvorschlag erhoben für Betrag CHF
Montant contesté

Bemerkungen
Remarques

08. DEZ. 2016

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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

1818 H STREET, NW | WASHINGTON, DC 20433 | USA
TELEPHONE (202) 458 1534 | FACSIMILE (202) 522 2615
WWW.WORLDBANK.ORG/ICSID

RECEIPT

Note: This invoice doesn't require signature and will be communicated to the party via email.