STATEMENT OF FACTS

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1. Delicatesy Whole Foods Sp, hereinafter “CLAIMANT”, is a medium-sized manufacturer of
bakery products registered in Equatoriana.
2. Comestibles Finos Ltd, hereinafter “RESPONDENT”, is a gourmet supermarket chain in
Mediterraneo.
4. Both CLAIMANT and RESPONDENT (“the Parties”) are companies mutually committed to
produce and sell goods ethically and sustainably.

3-6 Mar 2014 Yearly Danubian food fair, Cucina, is held where the Parties meet.

10 Mar 2014 RESPONDENT invited CLAIMANT to participate in the former’s

tender process for the supply of chocolate cakes.

27 Mar 2014 CLAIMANT submitted its tender with modifications and

a stipulation that its General Conditions of Sale and
Code of Conduct would apply.

7 Apr 2014 CLAIMANT was awarded the contract and RESPONDENT

explicitly accepted the changes including the payment conditions
as well as the standard conditions.
.
1 May 2014 First delivery of cakes was made by CLAIMANT.

2014 - 2016 Continuous delivery of cakes to RESPONDENT without any

Problem.

19-23 Jan 2017 News about the ethical food production and certification schemes
in Ruritania erupted, disclosing the irregularities in the Ruritanian
certification practice in relation to the sustainable farming which
the UNEP Special Rapporteur criticized. A leading business newspaper
also revealed information on the alleged fraud.

27 Jan 2017 RESPONDENT emailed CLAIMANT seeking clarification on whether the

delivered chocolate cake contained cocoa obtained from Ruritania and if yes,
whether the cocoa beans were produced through sustainable farming.
RESPONDENT refrained from making further deliveries and payments.

10 Feb 2017 CLAIMANT informed RESPONDENT of that its cocoa supplier,

Ruritania Peoples Cocoa GmbH was indeed involved in the scandal and that the
cocoa beans in the chocolate cakes were not farmed in a sustainable way.
CLAIMANT immediately terminated its contract with its cocoa bean supplier.

12 Feb 2017 RESPONDENT terminated the Contract with CLAIMANT based on its
nonconformity with the General Conditions of Contract.

30 Jun 2017 CLAIMANT initiated arbitration proceedings against

RESPONDENT and appointed Mr. Rodrigo Prasad
 as its appointed arbitrator.

31 July 2017 RESPONDENT filed its Response to Notice of Arbitration.

1 Sept 2017 Mr. Rodrigo Prasad’s law firm merged with Slowfood to form
Prasad & Slowfood.

7 Sept 2017 CLAIMANT declares before the Arbitral Tribunal that its claim
is funded by Funding 12 Ltd. The latter’s main shareholder being
Findfunds LP.

11 Sept 2017 Mr. Rodrigo Prasad discloses to the Tribunal his arbitration involvements funded by
other subsidiaries of Findfunds LP.

14 Sept 2017 RESPONDENT assailed Mr. Rodrigo Prasad’s impartiality in its Notice of
Challenge of Mr. Prasad.