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Lawyers, other representatives, expert(s), tribunal’s secretary

    Final Award (Operative part)

    IX. AWARD

    574.
    Based on the reasons stated above, the majority of the Arbitral Tribunal hereby renders the following

    Final Award

    1) The Arbitral Tribunal has jurisdiction to decide on all claims before it.

    2) Prayer for Relief No 1 is granted by majority decision and Respondent 1 is ordered to pay to Claimant EUR 1,750,000.00, plus interest at a rate of 5 % per annum as of 22 July 2009, until payment in full.

    3) Prayers for Relief No. 2 and 3 are dismissed with prejudice.

    4) Prayer for Relief No. 4 is granted by majority decision and Respondent 2 is ordered to pay to Claimant EUR 1,025,771.20 plus interest at a rate of 5 % per annum as of 11 August 2010, until payment in full Subsidiarily, if IFC does not fulfill this obligation within 60 days as of the issuance of this Award, Respondent 1 is ordered to pay this amount, including interest, to Claimant.

    5) Prayer for Relief No 5 is dismissed with prejudice.

    6) Prayers for Relief No. 6, 7, 8, 9 and 10 are rejected without prejudice.

    7) Prayer for Relief No. 11 is dismissed with prejudice.

    8) The costs of the arbitration are fixed at USD 850,000.00. By majority decision, Claimant is ordered to pay 384,166.00 and Respondents 1 and 2 are jointly and severally ordered to pay 465,834.00. Claimant having advanced all costs of the arbitration, Respondents 1 and 2 are jointly and severally ordered to pay to Claimant the amount of USD 465,834.00.

    9) By majority decision, Respondents 1 and 2 are jointly and severally ordered to pay EUR 700,471.00 towards Claimant's attorney's fees and other expenses incurred in connection with this arbitration. Upon presentation by Respondents of a receipt executed by Dr. Hock confirming payments from Respondents towards Respondents' outstanding legal fees of EUR 636,800.66, Claimant's entitlement to collect attorney's fees and other expenses under this paragraph 9 is reduced by 40 % of the amount stated in Dr. Hock's receipt.

    10) All further and/or other Prayers for Relief are dismissed with prejudice.

    One arbitrator partially dissents. His dissenting opinion is set out in a separate document.

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