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Postal address: Al. Rzeczypospolitej 1, 02-972, Warsaw, Poland
Tel: + 48 22 852 83 00
15.11.2019
Mr. Murodali Alimardon
Chairman of OJSC Agroinvestbank
Saadi Sherozi 21
Dushanbe, Tajikistan
cc: Mr Qahhorzoda Faiziddin Sattor
Minister of Finance of the Republic of Tajikistan
Akademikho Rajabov 3,
Dushanbe, Tajikistan
cc: Mr Rustam Shokhmurod
Minister of Justice of the Republic of Tajikistan
Rudaki avenue 25,
Dushanbe, Tajikistan
Dear Mr Alimardon,
Please be kindly informed that the honorable Minister of Justice, Mr R. Shokhmurod requested me in his letter dd 03.07.2019 addressed directly to ICISD to suspend the arbitration for the period of 3 months allowing to find a legal counsel. I respectfully granted for the first-time suspension of ICSID upon his explicit request on my good will basis.
Furthermore, it was in June 2019, when you approached me personally to arrange a meeting in Istanbul, Turkey to discuss a possible settlement agreement in order to continue suspension of the ICSID arbitration.
The meeting between you and me took place in Istanbul on 22 June 2019. We both had agreed in this meeting to settle my ICSID claim amicably. A first amicable settlement payment against my ICSID claim was done via OJSC Agroinvestbank on 5 August for USD 50,000.
A second amicable settlement payment against my ICSID claim was done via OJSC Agroinvestbank on 27 August 2019 for USD 50,000.
In numerous further letters you confirmed your good intention to continue to settle my ICSID claim amicably offering further payment, liquid assets such as cotton and other assets upon approval of government of Tajikistan/Ministry of Finance provided I will suspend my ICSID arbitration claim further which I did on good will basis. Please see attached copies of your letters:
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As mentioned in your last letter, you once more committed yourself explicitly to pay off at least USD 5 Mill until 30 November 2019 to cover the first part of debts in accordance with the ICSID claim.
I do respectfully remind you and the government of Tajikistan / Ministry of Finance again to continue to settle first part of my claim of USD 5 Mill until 30 November 2019 as committed by you with approval of Ministry of Finance without further delay as we regrettably have not receive any payment whatsoever until today - see your last letter dated 31.10.2019.
Please kindly approach once more the honorable Minister of Finance Mr Qahhorzoda Faiziddin Sattor personally to accelerate the payment under our settlement agreement against my ICSID claim in order to allow me further to accept an amicable solution against my ICSID claim, otherwise I am not able to suspend this claim further. I do need the fulfillment of the commitment by the government of Tajikistan/Ministry of Finance in fact, but not only promises on paper.
Looking forward to hearing from you ASAP.
Yours sincerely,
Signature
Alois Schoenberger
Attachments: