IN THE INTERNATIONAL COURT OF JUSTICE

AT THE PEACE PALACE,

THE HAGUE, THE NETHERLANDS

THE CASE CONCERNING THE LEGALITY OF DETENTION OF MR.

MEHTA

UNITED REPUBLIC OF ABRAHAM

APPLICANT
V.
DEMOCRATIC STATE OF ROBINSON
RESPONDENT

MEMORIAL ON BEHALF OF THE APPLICANT

 TABLE OF CONTENTS

COMPETITION
INDEX OF AUTHORITIES
STATEMENT OF JURISDICTION
QUESTIONS PRESENTED
STATEMENT OF FACTS
SUMMARY OF PLEADINGS
PLEADINGS
PRAYER FOR RELIEF
INDEX OF AUTHORITIES
 STATEMENT OF FACTS

1. In 1997, Abraham and Robinson signed a bilateral investment treaty (“Abraham-Robinson

BIT”). Relevant parts of the treaty are contained at Annex I. The BIT facilitated capital
investment into Robinson, and several companies were set up in Robinson through capital
from Abraham. The Robinson Exploration Company (the “REC”) is one such company that
is a 100% subsidiary of Abraham Oil & Natural Gas Company (the “AONGC”). REC was
primarily set up to explore and extract oil and natural gas deposits at offshore and onshore
sites in Robinson. AONGC was a state-owned company incorporated as a “Public Sector
Undertaking”

2. The public trading of the shares of AONGC began on the Abraham Stock Exchange in
1995. according to the constitutional documents of AONGC, the GOA must always own no
less than 25 % and no more than 49 % of the shares of AONGC. As of the present date,
GOA’s shareholding is approximately 26%.

3. In March 2018, there was an internal report that employees and directors of AONGC who
visit Robinson are involved in espionage and drug-trafficking.

4. On 15 August 2018, Mr. Tereka Mehta was arrested at the Ralhore International Airport,
on accounts of carrying alleged drugs

5. On 16 August 2018, Mr. Mehta was presented before a Magistrate’s court in Robinson
within 24 hours, but interim bail was rejected. GOA had requested access to Mr. Mehta, in
accordance with the Vienna Convention on Consular Relations, 1963, (the “VCCR”) which
was turned down citing national security reasons. Both the countries are parties to the VCCR.

6. In November 2018, Robinson passed the Essential Security Act, 2020, (the “ESA”) which
mainly dealt with matters of national security and public affairs (having retrospective effect).
However, under the ESA, GOR nationalized the entire shareholding in REC and further
nationalized all its fixed and movable assets. Following this, the government dismissed
REC’s board of directors and placed the company under the management of a ‘Management
Committee’ composed of senior bureaucrats and executive officers from Robinson. In a brief
letter to AONGC, the government of Robinson offered to pay compensation amounting to 60
(sixty)% of the estimated market value of the shares AONGC , Republic of Abraham was
unhappy with this decision and requested appeal of ESA

7. Failing to come to a settlement, on 10th January 2019, Abraham requested for setting up of
an arbitral tribunal as per Article 9(A) of the Abraham-Robinson BIT, which was accepted by
GOR. By 15th February 2019, a three-member arbitral tribunal was constituted, which
included renowned professors and practitioners of international law. On 15th July, 2020, by
2-1 majority, the Tribunal dismissed the claims of expropriation and compensation of
Abraham on both grounds of admissibility and merits. With a dissent by judge Aman (former
judge of ICJ) on grounds that :-
a. The nationalisation of the entire shareholding of REC by the ESA constitutes direct
expropriation;
b. Abraham is entitled to bring a claim on behalf of AONGC, a valid investor and they are
admissible, as by virtue of being the national State of AONGC, Abraham has a right of
diplomatic protection;
c. The expropriation under ESA was unlawful as it was not done – (i) for a “Public Purpose”;
(ii) in a “non-discriminatory manner”; and (iii) with an offer of “prompt, adequate, and
effective Compensation”. The fulfilment of all these conditions is necessary under customary
international law
To avoid unlawfulness.

8. The special criminal court passed an order of life imprisonment convicting Mr. Mehta
under the Robinson Penal Code and the ESA. Aggrieved by the arbitral award, Abraham have
filed an Application with the Court instituting the present proceedings against Robinson,
alleging that the nationalization of REC was in violation of international law and the award
suffers from a ‘patent error in interpretation and application of the BIT and general
international law’. Separately, Abraham has also claimed that the arrest, prosecution and
conviction of Mr. Mehta and the denial of consular access to him was in flagrant violation of
the VCCR and principles of customary international law.

9. The united republic of Abraham and The Democratic State of Robinson are both members
of the United Nations and signatories to the Vienna Convention on Consular Relations 1963,
International Covenant on Civil and Political Rights, Vienna Convention on the Law of
Treaties 1969,