a. All agreements and contractual arrangements regarding the purported transfer of the ICSID Claim and/or Security Services LLC's purported retention of rights to this arbitration, including but not limited to any agreements mentioned at Exhibit A of the UPA mentioning the ICSID Claim, any other agreements between/amongst any of Neustar Inc TransUnion, Security Services LLC, Aerial Blocker Corp., Aerial Security Services Intermediate, LLC, Golden Gate Capital, and/or GIC mentioning the ICSID Claim, as well as
b. Documents that establish the exact corporate ownership of Neustar Inc and Security Services LLC before and after the corporate changes mentioned in the 29 July 2022 letter
c. Unredacted version of requested documents as well as the UPA (Disclosed as Exhibit C-136)
a. Claimant has the burden of proof to show that it remains entitled to present and recover in respect of the claims presented in this Arbitration following the corporate restructuring.
b. Claimant accepts that it has this burden and contends that it has satisfied the burden of proof and has submitted evidence in support of this contention by way of the Unit Price Agreement (UPA) submitted as exhibit C-136 (albeit significantly redacted).
c. As the burden of proof is on Claimant, the Tribunal does not think it appropriate to order removal of the redactions and re-producing them without the redactions.
d. If at the Hearing Claimant fails to persuade the Tribunal that it is legally the successor to the claims in this Arbitration and that the Tribunal has jurisdiction over Claimant in respect of this matter, the Tribunal will decide accordingly.
Already registered ?