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Enron Mail |
Cc: eduardo.quintana@enron.com, bruce.lundstrom@enron.com, rob.walls@enron.com,
miguel.mendoza@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: eduardo.quintana@enron.com, bruce.lundstrom@enron.com, rob.walls@enron.com, miguel.mendoza@enron.com X-From: Michelle Blaine X-To: Peter E Weidler X-cc: Eduardo Quintana, Bruce Lundstrom, Richard B Sanders@ECT, Rob Walls, Miguel Mendoza X-bcc: X-Folder: \Richard_Sanders_Oct2001\Notes Folders\All documents X-Origin: Sanders-R X-FileName: rsanders.nsf I'm planning to have Rob Walls sign it. He signed the last one ( the original notice of dispute to President de la Rua to start the ICSID clock for filing) and Rob is also on the Power of Attorney. The purpose of this letter is to document all the meetings Guido, Doak and I have had with various government officials, and to restate in writing all the requests for relief we have made to the Argentine government prior to filing the suit. In a recent BIT case against the Argentine government, the ICSID panel dismissed the claim because the claimant failed to show that it had made an effort to state the relief it sought to the government prior to filing the case. We have certainly made our requests known to just about every Argentine official who would listen, but as a matter of precaution we want to get this letter on file before filing, so there is no doubt. Pete, I think Doak is advising Azurix on its BIT claim as well, although I don't know the extent of his involvement. But thanks for reminding me about that. Recall that ICSID is the only arbitral system in the world that requires the claimant to fit into various jurisdictional "pigeon holes" before it will hear the case. Thus it is important that we communicate with Azurix to avoid either company making contravening jurisdictional statements (the ICSID jurisdictional rules are not specific enough to avoid various interpretations). We estimate our jurisdictional battle could last at least a year before we get to the merits, but our hope is that we can reach a settlement in the interim. I'll keep you updated and will meet with you before we file the claim to lay out our strategy and answer any questions. Regards, Michelle Peter E Weidler@ENRON 01/04/2001 09:09 AM To: Michelle Blaine/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT cc: Eduardo Quintana/TGS@TGS@ENRON_DEVELOPMENT, Bruce Lundstrom/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Richard B Sanders@ECT@ENRON_DEVELOPMENT, Rob Walls/NA/Enron@Enron@ENRON_DEVELOPMENT Subject: Re: That is good progress - who are we planning to have sign the letter to President de la Rua ? So everyone is aware - Azurix is also preparing to file for arbitration under the BIT. Not quite sure what over. I gave John Garrison - Michelle's name to cooridinate with. Pete Michelle Blaine@ENRON_DEVELOPMENT 01/03/2001 07:59 PM To: Eduardo Quintana/TGS@TGS cc: Peter E Weidler/NA/Enron@Enron, Bruce Lundstrom/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Richard B Sanders@ECT, Rob Walls/NA/Enron@Enron Subject: Subject: Re: ICSID/BIT claim Happy New Year Eduardo! I've met with Doak and Guido and they have agreed to the caps we discussed on the projected budget for filing the BIT claim against the Argentine government. Only those two law firms will be involved from now on. Doak and Guido also requested the opportunity to review the numbers again at the end of 2001, see where we are and adjust the budget as needed on a yearly basis. I will be involved in that process as well. I don't see this as being a big revision or increase, but more of an adjustment depending on the timing and progress of the proceedings. In other words, we may not get nearly as far in the jurisdictional proceedings as we have projected for 2001, so we'd adjust the numbers accordingly. I believe this is a very reasonable approach and hope that you and Perez Companc will find it acceptable. Please let me know if you have any question or concerns that I can answer to expedite this process. We are waiting for your return to send that letter to President de la Rua because we have made changes and I think your input is crucial. We plan to file the Request for Arbitration two weeks following and we are sending you a draft copy which we'd like to discuss with you and Cristian before filing. I hope that you are having a wonderful holiday and I wish you and your family the best for the new year. Kindest regards, Michelle
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