The Claimant a) requires funding for the investigation and prosecution of the Claims;
b) requires indemnity against any amounts owing under any Adverse Costs Order in the Proceedings; and
c) will not prosecute the Claims unless financial accommodation that satisfies the requirements in paragraphs 1.4(a) and (b) is secured and maintained.
The Claimant. (i) failed to give his or her address in the claim form;
(ii) gave an incorrect address in the claim form; or
(iii) or has changed his or her address since the claim was commenced, with a view to evading the consequences of the litigation;
The Claimant. 7.5.1 will immediately notify the Co-Funders if the Claimant is requested or required to disclose any information relating to the negotiation, existence, terms or performance of this Agreement and if so requested by the Co- Funders will take such steps as may reasonably be available to prevent disclosure of such parts of the information as the Co-Funders may nominate; and
7.5.2 will not disclose to any person, other than the Lawyers or its legal and financial advisors for the purpose of obtaining confidential legal or financial advice, or to the Co-Funders, any information:
7.5.2.1 to which Privilege or obligations of confidence attach; or
7.5.2.2 which is or may be protected from disclosure by reason that disclosure would or may provide any Defendant with a strategic or tactical advantage in any Proceedings, unless the disclosure is in accordance with advice from the Lawyers and is necessary for the purposes of the prosecution of any Proceedings.
The Claimant. 7.6.1 will immediately notify Omni Bridgeway if the Claimant is requested or required to disclose any information relating to the negotiation, existence, terms or performance of this Agreement and if so requested by Omni Bridgeway will take such steps as may reasonably be available to prevent disclosure of such parts of the information as Omni Bridgeway may nominate; and
7.6.2 will not disclose to any person, other than the Lawyers or its legal and financial advisors for the purpose of obtaining confidential legal or financial advice, or Omni Bridgeway, any information:
(a) to which Privilege or obligations of confidence attach; or
(b) which is or may be protected from disclosure by reason that disclosure would or may provide any Respondent with a strategic or tactical advantage in any Proceedings, unless the disclosure is in accordance with advice from the Lawyers and is necessary for the purposes of the prosecution of any Proceedings.
The Claimant. [14] The Claimant commenced employment with the Company as an Associate under the CIMB Fusion Programme effective 18 September 2012.
i. the Claimant would be employed for a total period of 4 years;
ii. during the first 2 years of the programme, the Claimant would be employed by the Company;
iii. in the 3rd year of the programme, the Claimant would be employed by CIMB Investment Bank Berhad (“CIMB”); and
iv. in the final year, the Claimant would be employed back by the Company. [16] The Claimant was also assigned a PwC-CIMB Training Contract (“the Training Contract”) whereby the Training Contract indicates that the Claimant was employed by both the Company and CIMB. [18] Vide the Company’s letter dated 27 December 2012, the Claimant was informed that she had been confirmed in her position as an Associate effective from 18 December 2012. [20] On 30 June 2014, the Claimant had completed the first stage of the CIMB Fusion Programme and was about to join CIMB as a Senior Associate as per the terms of the contract of employment with the Company. The Company vide its letter dated 30 June 2014 congratulated the Claimant’s success and stated that the Claimant would be employed back by the Company in one year’s time. Resources personnel, informing her that her reporting back to the Company on 1 July 2015 had been put on hold. [22] The Company vide its email dated 30 June 2015 confirmed that the Claimant is not required to report for duty on 1 July 2015 until further notice. However, the Company did not provide any reason for this. [23] Vide its email dated 2 July 2015, the Company requested the Claimant to go for a medical assessment at the Company’s panel clinic. The Claimant went to the Company’s panel clinic on 3 July 2015 and completed the medical check-up. Vide her email dated 6 July 2015, the Claimant attached a written statement as to what had transpired between the Company and herself between 26 June 2015 to 3 July 2015. [24] At a meeting on 23 July 2015, the Claimant was informed that the Company could not extend her employment under the CIMB Fusion Programme. Vide email dated 3 August 2015 from the Company’s Senior Manager of Human Resources, it was confirmed that the Claimant had been removed from the CIMB Fusion Programme on the grounds that her behaviour was not aligned with the requirements of a Fusioner and thus was not suitable for the Programme. The Company instead offered the Claimant a fixed term employment contract for 12 months. [25] The Claiman...
The Claimant taking action to recover the loan balance”.
The Claimant. The Claimant notes that it is undisputed that ICSID is not available to resolve this dispute.61 The Claimant agrees that the Additional Facility Rules set out the requirements to guide a determination as to when the Additional Facility is available.62 The Claimant contests the view that the instructions on the ICSID website have any relevance to this determination.63
The Claimant. The Claimant requests that the Tribunal render an award as follows:
The Claimant. 5.1 The Claimant, Sharp Frame Investment Limited, is a company duly incorporated and validly existing under the laws of the Cayman Islands, with its registered office at One Nexus Way, Camana Bay, Grand Cayman, KY1- 9005, Cayman Islands.
5.2 We are engaged by the Claimant to act on its behalf in the arbitration and our contact information is as follows: Ms. Xx XXXXX (张莉) and Mr. Xx XXX (万力), Attorneys-at-law Tiger Partners (北京虎诉律师事务所) Suite 06A, 11th Floor, Tower 3, China Central Place,77 Jianguo Road, Chaoyang District, Beijing, 100020, China (北京市朝阳区建国路 00 号华贸中心 0 座 0000X，邮编：000000) Telephone: +00 000 0000 0000 (Xx Xxxxx); +00 000 0000 0000 (Xx Xxx) Email: xxxxxxxxxx@xxxxxxxxxxxxx.xx; xxx.xx@xxxxxxxxxxxxx.xx
