Surprising notice issued by the AICAC-INTER.US Court, titled: “ATTENTION: IMITATORS! BE CAREFUL!

 

“Competition has been shown to be useful up to a certain point and no further, but cooperation, which is the thing we must strive for today, begins where competition leaves off.”  Franklin D. Roosevelt

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Competition, imitation or growth with innovation in a new Spanish-speaking markets ignored and therefore available to compete.

Is competition or imitation in a service market good or bad for growth?

This question is addressed in the context of a surprising notice issued by the AICAC-INTER.US Court, titled: “ATTENTION: IMITATORS! BE CAREFUL! Quoted in this link: https://court-inter.us/node/45393

This statement on the Website of: COURT-INTER.US, does not pass the Fact-checking test. Not having enough factual assertions in order to determine the truth and correctness of the factual statements in the text post hoc, which it has been published and otherwise disseminated.

There is no imitation when the Spanish-speaking market is available, open and without competition.

It is admitted by all, that mere words without meaning have no basis. For example, in competitions between universities and educational institutions, the repetition of programs, their characteristics, similarities and duplicates cannot be classified as “imitation”, especially when there is an open market with a certain amount of totally unoccupied space in it and, which is not occupy any other institution, specifically the Spanish-speaking market.

There are no monopolies if they innovate, here we find first, the usual effect of clean competition in the Spanish-speaking professional services market exceeded by the greater incentive for the innovative institution to escape non-existent competition in Spanish-speaking regions, so that it has a positive effect on growth; second, that, in case of a small imitation, growth almost always improves, since it promotes more frequent and clean competition, but too much imitation unequivocally reduces growth. The model thus points to complementary roles for competition policy (antitrust) and patent policy.

As AICAC-INTER.US correctly announces in its September, 2019 surprising notice cited above: ‘in June 2019 a new organization named “The American International Court of Arbitration and Human Rights Commission” (AICAC-HR) appeared’. And they, AICAC-INTER.US, alleged that, and we quote here: “The name of this structure is surprisingly similar to the name of our Court and actually duplicates its abbreviation.”

But in this statement certain irrefutable factors better detailed in mails exchanges below beginning in December, 2018 between AICAC-INTER.US and HUMPHREY H. PACHECKER registered founding owner of AICAC-HR, and partner of AICAC-INTER.US, these facts have been omitted in said AICAC-INTER.US surprising statement.

In these mails exchanged between HUMPHREY H. PACHECKER, and the Secretary General of AICAC-INTER.US, Mr. ANATOL TIM, and, the President of AICAC-INTER.US, Mr. Borys Zhytnigor, the evidence clearly demonstrates that HUMPHREY H. PACHECKER made several attempts to negotiate to take control of AICAC-INTER.US in the United States, in order to assume 50% of all actions and shares. This negotiation took place immediately after these senior officials of AICAC-INTER.US publicly notified in writing to HUMPHREY H. PACHECKER, and also announced to all their members- that AICAC-INTER.US, would cease all functions- fully in the United States- terminating all services to all its members and functions including its partnership with Humphrey H. Pachecker. Indeed, after the negotiation attempts between both parties failed, AICAC-INTER.US stopped working- first by canceling its Web pages, canceling its emails addresses and canceling its legal status; And finally in the date of January 6, 2019 6:14 p. m. Closed. The president of AICAC-INTER.US Mr. Borys Zhytnigor, wrote a final email to HUMPHREY H. PACHECKER announcing that it has ceased and closed all communications and negotiations, as this can be seen in the 15 correspondence emails exchanged as evidenced here below.

Now, in the 13th day of the month of September, 2019, eight [8] months after AICAC-INTER.US closed and ceased all activities and all communications in the United States, the Secretary General Mr. Anatol Tim, sent an email dated September 13, 2019 [see it below] in which he notified HUMPHREY H. PACHECKER, that ‘they’ are reopening the services of AICAC-INTER.US in United States, after of being eight [8] months out of service, out of the jurisdiction and out of all contact. We must note that, AICAC-INTER.US has its origination, according to the partnership documents, in United Kingdom and in Ukraine.

In this aforementioned email the secretary general informed us and I quote it here: Mr. HUMPHREY H. PACHECKER “I hope you are well now. During the past year, as you know, we had certain problems The group of our organizations has changed the owners of corporate rights. For a while we didn’t work. For a while we didn’t work”…

“The founders decided to end the activities of the Court. But at the last moment we signed a contract to accompany a very large transaction. As a result, we continue our work”  … Sep 13, 2019 at 5:52 AM. See full mail below.

&

On the same day, Sep 13 at 1:45 PM, HUMPHREY H. PACHECKER, answered said email of the Secretary General, in an open statement letter, partially quoted it here:

Dear Anatol Tim

The AICAC Secretary General

Greetings, it is good to hear that your institution is back in business- and again approaching others for better future.

After you and the president of your Institution rejected all my proposals to be part of your institution confirming your decision to ceased all business and services of your institution in USA, I created a similar Institution beginning in June 2019 in Washington DC. This one is under the name of AICAC-HR, “American Court of Arbitration and Commission for Human Rights” See it here: http://courtaicac-hr.us/ see full mail below.

&

Next day Sept 14 at 1:54 the Secretary General responded to HUMPHREY H. PACHECKER, partially quoted it here:

secretariat@court-inter.us <secretariat@court-inter.us>

To: Nafa Unpam

Sep 14 at 1:54 AM

Dear Mr. Humphrey H. Pachecker,

The AICAC welcomes your independent initiatives. And we wish you success.

I remind you that the founders of the Court rejected your proposals only because they were economically unprofitable and legally doubtful (we are sure that you yourself understand this).

In addition, we could not give the rights to administer the Court to a partner who owned only 5% of corporate rights. Any lawyer and entrepreneur will say that this is absurd. Much more funds have been invested in the activities of the Court than you suggested. So, I hope you have no real reason to be offended. As a result, investors joined us who acquired corporate rights for several hundred thousand dollars.  This money was paid immediately and in one payment. You probably understand that these investment conditions are more favorable than yours. We see that in your organization you not only use many AICAC developments, but also use our abbreviation. I want to note that the Court did not legally terminate its activities and did not transfer its rights to anyone, including copyright. Therefore, such a borrowing is unlawful …. see full mail below.

&

On the same day September 14, 12:02 PM, HUMPHREY H. PACHECKER responded to the Secretary General, partially quoted it here:

From: Nafa Unpam-wrote

To: secretariat@court-inter.us>

Sep 14 at 12:02 PM

Mr. Anatol Tim, greetings. Thank you for your reply mail, and good wishes for future successes.

I agree that for your organization, partners who contribute thousands of dollars quickly is more convenient for your organization than the offer submitted by me. Therefore, I do not take any offense for your business decision by denying my proposal.

But, my offer to conquer the Spanish-speaking market with new service proposals is also to be considered of great value, which I explain here below. In these proposals, it must be considered that our thousands of contacts, with 25 years of services within the Hispanic market and with the professional community of Spanish speaking, have an incalculable value for these services proposed here below …. see full mail below.

&

Conclusion:

The Secretary General of AICAC-INTER.US Mr. Anatol Tim, and President Mr. Borys Zhytnigor, in the first week of January, 2019 rejected all the various offers made from HUMPHREY H. PACHECKER to take control of AICAC-INTER.US. In the mail dated January 5, 2019, they clearly announced informing HUMPHREY H. PACHECKER that they have decided to close all the services, functions of AICAC-INTER.US, and I quote it here: “We decided to close the Court and therefore we will not pay corporate tax this year [2019] (we always paid the tax in February), the domain name of the site and hosting….” see rest of this mail below.

With this decision, the Secretary General of AICAC-INTER.UR Mr. Anatol Tim, and President Mr. Borys Zhytnigor, in the first week of January, 2019, abandoned all relations with HUMPHREY H. PACHECKER, abandoned all relations with NAFA LAW, also abandoned any and all relations and all  its obligations and commitments created with all its Human Rights Defenders members, likewise abandoned all relations and obligations with the International Arbitrators, all these people were AICAC-INTER.US members by means and mutual promises offered by AICAC-INTER.UR via NAFA LAW. Some of these International Arbitrators paid to the Secretary General Mr. Anatol Tim, and the President Mr. Borys Zhytnigor via AICAC-INTER.UR- One thousand one hundred five dollars per each person [$1,105.00], and equally- all International Human Rights Defenders paid the Secretary General Mr. Anatol Tim, and President Mr. Borys Zhytnigor via AICAC-INTER.US, one hundred five dollars per person [$105.00] thus leaving abandoned the commitments guaranteed by AICAC-INTER.US through NAFA LAW to all these people. Hence, causing great burden forcing HUMPHREY H PACHECKER, to seek a solution in guarantee of the honorability, ethics, and commitment of HUMPHREY H. PACHECKER and NAFA LAW assured to and created with all these people for the commitment and guarantee offered by the Secretary General of AICAC-INTER.US Mr. Anatol Tim, and the President Mr. Borys Zhytnigor via AICAC-INTER before abandoning the property, the commitments and obligations. Abandoned property refers to the property to which the owners have relinquished all rights. The person taking possession of the abandoned property is entitled to keep it without violating the Fourth Amendment to the U.S. Constitution.

SEE IN CHRONOLOGICAL ORDER here below all 15 correspondence emails exchanged in the month of January, 2019 between the Secretary General of AICAC-INTER.US Mr. Anatol Tim, and President Mr. Borys Zhytnigor via AICAC-INTER, and HUMPHREY H. PACHECKER via NAFA LAW.

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Correspondence Emails #-1 of 15

On Wednesday, January 2, 2019, 10:12:52 PM EST, Borys Zhytnigor  wrote:

Dear Mr Humphrey H Pachecker,

This is the confidential e-mail of the President of the AICAC, which I use in special cases at his request.

Thank you for your interest in cooperation.

You are one of our most active partners. Therefore, I will explain to you the current situation.

The AICAC was established in 2011. The founder and owner of the Court is the International Union of Commerce and Industry (IUCI; London, UK).

The purpose of the Court was to accompany the international commercial contracts of a large international holding company that united the enterprises of the USA, Brazil, China, Great Britain, Western and Eastern Europe. The main incomes the Court received from abroad.

Therefore, we registered the AICAC in Delaware.

This US state has simplified registration procedures, low corporate taxes, and foreign income is exempt from taxes.

In 2014, all international contracts of the holding were fully implemented. The Court fulfilled its mission: it ensured the implementation and legal protection of commercial contracts.

However, we decided to continue the activities of the Court. Over 8 years of work, the Court considered 87 arbitration disputes and implemented 22 mediation procedures, provided international legal services.

But in 2015, the number of our employees and representatives in the United States was significantly reduced. The expenses of the Court’s activities were also reduced.

We have closed offices in the USA. The number of arbitration procedures has decreased dramatically. Since 2017, all the leaders of the Court are outside the United States.

Since that time, the AICAC has finally ceased to generate income, while the costs of its maintenance have remained unchanged.

We understand that for the successful work of the Court, it is necessary, at a minimum, to have offices and managers in the USA, to be active in this country.

Previously, we had many representatives in America, and now there is only one person who prepares documents in the United States.

The Court has a specific history – it considered many confidential disputes between certain international corporations.

Therefore, we can not sell the AICAC to the new owner.

It is necessary to keep continuity, legally support the previous decisions and positive reputation.

We did not have a reliable partner to whom we could transfer the management of the Court. Therefore, we decided to close the AICAC.

If you are really interested in continuing the activities of the Court, we are ready to offer you to purchase a share (part of corporate rights) of the Court in the amount of 10 to 50%. For a symbolical payment: $1000 for 1%.

You have the right to involve any investor in this process.

If you (your organization or your representative) receive from 10 to 50% of the rights to the Court, you will also receive the post of First Vice-President of the Court. You will also have the same percentage of votes in the Board (Directorate) of the Court. The same amount will have your share in the profits of the Court.

In addition, you will fully manage the activities of the Court in North and South America. You will officially represent the Court in the United States.

The website of the Court will contain the addresses and phone numbers of your offices.

You will be given the stamp of the Court. You will receive the right to sign documents and execute contracts. Such documents will enter into legal force after the approval of the President and publication on the official website.

In addition, you will offer candidatures of qualified lawyers for grant them (paid and free of charge) the status of an arbitrator, mediator or human rights defender.

If you acquire exactly 50% of the rights, you will get the position of the President of the Court, you can use the Court’s bank account (You will have the same right to access a bank account as our personal representative in the USA). In this case, all decisions will be made exclusively with the mutual consent of both parties.

A required condition: not to allow a conflict of interests and honestly declare your interests.

The director of the IUCI and the President of the AICAC is the same person (B. Zhytnigor).

Therefore, the solution of all issues and paperwork does not take much time.

We are sure that all the indicated amounts are not large (for business) and should only confirm the seriousness of the intentions of the co-owner of the Court.

Such we see the possibilities of preserving of the Court. In another case, we will not support the activities of the AICAC and incur additional costs.

Thank you for your attention and hope for your understanding of the situation.

Regards, Anatol Tim

&

Correspondence Email #-2

On Thursday, January 3, 2019, 5:31:37 PM PST, Borys Zhytnigor wrote:

Dear Mr Humphrey H Pachecker,

Thank you for your prompt response and frank statement about your interests.

We also thank for the principled desire to continue to cooperate with the Court not only as a partner of the Court, but also as its shareholder and administrator.

We have always highly appreciated your initiatives, enthusiasm and activity.  And ready to support your actions in the future.

But there are several serious circumstances that are important to us and require discussion. Business is business.

1. We are ready to offer the position of the First Vice-President and broad administrative rights to the co-owner of the Court (the owner of a part of corporate rights). We cannot and do not want to invite a hired manager to this position.

Therefore, it is important that the First Vice-President of the Court owns (personally or through third parties – its representatives) a significant part of the corporate rights of the Court. This not only corresponds to the customs of business turnover, but also imposes additional responsibility on the manager.

Thus, the manager (and owner) will take actions that will not harm his own reputation and assets, as well as the reputation and assets of other owners and the Court itself.

We believe that the minimum permissible share for this is 10 percent. This share also provides the optimal number of votes at Board meetings.

Therefore, it is important that such a share be acquired by you as soon as possible.

A monthly payment of 1 percent is a very long procedure. The rest of the amount on your proposal, indeed, can be paid in 2020.

We understand that this may be inconvenient for you, but it would be right and acceptable for us.

2. Payments cannot be made to the Court’s bank account. Because the buyer must pay the money to the seller, and not the goods. This money cannot become the property (profit) of the Court.

You need to pay to a personal bank account of Borys Zhytnigor (the bank is outside the US).

Such conditions will be fixed in the contract.

Borys Zhytnigor has registered the Court singly and on his own behalf. But in the Charter of the Court Borys Zhytnigor stated that the founder of the Court is the IUCI.

This procedure for registering of the Court was quick and inexpensive. If a foreign (British) company directly created the Court, such a procedure would be quite complicated.

3. In other regions, we can create branches and official representative offices.

In the future, all questions can be discussed and make a collective decision. However, all decisions of the Court on arbitration disputes, we always formalized in the state of Washington.

4. The sale of corporate rights to you (or your organization) will be executed with the following documents and attributes:

1) The contract for the transfer of corporate rights that will be issued by the IUCI (represented by the Director of Borys Zhytnigor) and personally by Borys Zhytnigor (on its own behalf);

2) The decision of the Board (Directorate) of the Court on the appointment of the First Vice-President and inclusion in the Board of the new co-owner of the Court;

3) The order of the President of the Court, indicating the list of rights and powers of the First Vice-President;

4) The power of Attorney from the Court (represented by the President) with the list of rights and powers of the First Vice-President;

5) Placing information on the official website of the Court;

6) The package of personal documents of the First Vice-President;

7) The official stamp of the First Vice-President.

All project documents will be provided to you for review in electronic form. And then the documents will be drawn up and provided to you in the form of official paper documents.

Regards, Anatol Tim

&

Correspondence Email #-3

On Friday January 4, 19:14, Nafa Unpam wrote:

Dear colleagues Anatol Tim and Borys Zhytnigor, receive my cordial greetings.

Thank you for the trust placed in me by sharing internal information of the AICAC Court and its important trajectory.

I accept the proposal to assume 50% of the rights of AICAC, first for vice president and eventually to become the president for the entire American continent and the Caribbean.

This acceptance will be subject to the following conditions which are honorable, ethical, and I consider that these can also be fruitful for all.

First. In the documents for this negotiation it must be detailed that the purchase of 50% of the shares will be made in the following way:

Beginning this January 2019, I receive ten [10%] percent, in intervals of one [1%] percent each month making a deposit in the AICAC bank account monthly for one thousand [$1000] dollars per month. The last deposit will be made in the month of October 2019, or earlier at my discretion.

Then, in the month of January 2020, I will deposit the amount of twenty thousand [$20,000] dollars, and followed in the followed in the month of June 2020 I will make a final deposit of twenty thousand [ 20,000] dollars, to complete the total of fifty thousand [$50,000] ] US dollars.

These timeframes will allow NAFA UNPAM to work with AICAC to implement new programs of various services and international academic training, to serve the whole world.

Second. These new programs are the following:

The theme and practice in Human Rights of the Immigrant is one every day more critical, latent and the crisis is urgent, not only in the USA but also in Europe and many parts of the world.

NAFA, since last November, launched a propaganda program offering Master’s training in Human Rights for Immigration. We have received responses of international interest from several countries of the American continent. See details here: (1) http://nafalaw.com/blog/2018/11/09/como-convertirse-en-un-representante-proveedor-autorizado-de-servicios-de-inmigracion/

To this end, yesterday when I received your reply email, I immediately bought a domain name, www.courtaicac-hr.us  This website will be linked to the websites of AICAC, NAFA, and UNPAM.

On this site, certified HR defenders, lawyers, and organizations may file complaints, motions, and requests for mediation only on the subject of Immigration, mediation may be between the requesting parties the petitioner and the government. This service will have a fee, filing fee, as is required in any court around the world. We will be in direct contact with embassies, consulates, governmental authorities, and domestic and international civil institutions related to all matters concerning Immigration, including the US federal jurisdiction on Human Rights. See details here:(2) http://nafalaw.com/blog/2015/08/08/u-s-immigration-and-human-rigths-violations-%E2%80%93-inmigracion-a-ee-uu-y-violaciones-de-derechos-humanos-2/

NAFA has the correct infrastructure and staff to successfully run this program. We have offices and lawyers in the State of Washington DC, Puerto Rico, and in Florida. We will be the first  American International Arbitration Court for Immigration, for which herein I predict future successes.

Third. Another program which is already known to NAFA, but new to AICAC, is the program of providing services for the US state and federal government.

Since 2000, NAFA is an authorized vendor for the government of Florida. Monthly we receive job offers to apply to provide  our services for the government of the State of Florida in the form of solicitation.  Services in several areas, ranging from education, to commerce. NAFA has already served the state of Florida in the adult education branch. This through a program since 2000 called “Vocational Rehabilitation” in which people, permanent residents, and US citizens, who seek to obtain training to work in legal services, these are referred to NAFA. The government pays for these services directly to NAFA and the payments are punctual. See details here:(3) https://vendor.myfloridamarketplace.com/vms-web/spring/vrsexistingvendor?execution=e2s1

Other international programs can be implemented as we move forward with these new programs and others already established before.

If necessary NAFA can register AICAC in the State of Washington DC, under a figure in the corporate law called, “Alien Business Organization” Is a registration and certificate designating place of business or domicile for the service of process within the State, naming an agent upon whose proccess may be served. Our WA attorney can be the registered agent required by law.

Likewise, NAFA can pay for the annual corporate renewal of the AICAC Corporation in DE.

If all this is in agreement with you approval, then please send me the documents required to formalize and execute this agreement immediately and I will make the first payment of ten payment in the amount of one thousand dollars [$1000] each.

I’ll look forward for your answer. Best regards, HHP

&

Correspondence Email #-4

January 5, 2019 – 00:58, From: Nafa Unpam

To: Anatol Tim

Greetings, dear Mr. Anatol Tim and Mr. Borys Zhytnigor.

Thank you for your email. I, together with NAFA, am aware of the allegation that you have related to the longevity of payments in my proposal. I also recognize the importance of maintaining a good reputation, but to maintain this it is necessary to keep AICAC active in the United States.

If you allow AICAC to be dissolved in the USA, all possible future business opportunities disappear. The business opportunities are many and good for this year 2019 and, through AICAC you will also be the first beneficiaries, therefore your cooperation in this negotiation is necessary.

I am willing to increase the initial payment to the amount of two thousand dollars [$2,000], and then eight monthly payments of one thousand dollars [$1000] each; but this does not mean that I cannot ‘accelerate’ this by advancing payments earlier than scheduled. It all depends on how I can get the collaboration and can achieve progress in the various projects now in my future agenda for NAFA – AICAC, including important international institutions, universities and law schools in the USA.

The expenses to implement these projects and achieve some success in USA, the expenses of NAFA and UNPAM are many, but it is worth doing, of course I must minimize the risks.

At this moment, I still do not know if AICAC has any debt inside the USA, possible debt of taxes, etc. I have been able to contact the Department of State, Corporations in the state of Delaware, as you can see here below, it does not show that the AICAC LLC corporation has been, or has not been, renewed with its annual report. But this is the least important detail, because this corporation has to be amended in case we make the agreement.

Best regards, looking forward to you answer. HHP

&

Correspondence Email #-5

On Saturday, January 5, 2019, 6:18:23 PM PST, Borys Zhytnigor wrote:

Dear Mr Humphrey H Pachecker,

Thank you for the active and interesting discussion. But I have to confirm that we are not interested in continuing the work of the Court.

And, I hope, we will maintain good relations and will no longer discuss this topic.

I just set out our arguments for your information.

In our opinion, we formulated very simple and accessible, as well as fair conditions for the preservation of the activities of the Court.

The price assigned for corporate rights is incredibly low. And we do not consider it necessary to bargain about this. And, in general, the problem is not money. But I think that any normal person will not distribute his property for free.

In case we accept your offer, our potential risks will be significantly higher than the possible positive effect.

We do not want to offend you personally. We have only good impressions about cooperation with you.

But we are talking about business. And business requires attention to all circumstances. We do not want problems.

Our risks:

1. Excess of authority

A manager may exceed his authority. He can make transactions on behalf of the Court when he does not have the right to perform such actions. Such violations are possible, even if there is a rule that any decisions of the Vice President must be approved by the President. The President may not be aware of such actions, and contractors may not be aware of the restrictions. At the same time, the negative consequences of illegal actions will arise from the Court, and not from the manager. The Court is responsible for the actions of its manager. If the manager is not a co-owner of a significant share of the Court (the owner of corporate rights), he can act irresponsibly.

For example, you are now registering some domain names on the Internet. You also talk about the need to change the form of the Court. And don’t even ask our opinion about it.

2. Lack of control

We will be the owners of absolutely most of the corporate rights to the Court. But we will not be able to effectively monitor the activities of the Vice-President of the Court in the United States. This is an objective reality.

3. The doubtfulness of projects

Sorry, but your projects must be reviewed and approved by the Board of the Court. This is done in all normal companies. For us, these proposals are not yet clear.

4. Conflict of interests

The manager always has the opportunity to act on behalf of the Court, and receive income from these actions to the bank accounts of other companies.

5. Confidentiality

The Court considered arbitration cases worth hundreds of millions of dollars. This is confidential information. The archive is a trade secret. But the information may appear in the statements of interested persons and otherwise.

There is a risk of spreading confidential information.

6. The logic of corporate law

Persons who own a controlling share of corporate rights always manage companies. It is impossible to dominate in a company with a share of 2, 10 or 30 percent of corporate rights. This is not only not logical, but not legal.

This is our position. I repeat once again: we do not want to offend you, do not accuse or suspect you of anything. We are talking about risks.

A few other comments.

1. a) In the past three years, the Court has not considered arbitration disputes in the United States. Disputes were dealt in our branches in Singapore, Austria and Russia (all of these branches have already been closed). Revenues in the United States were negligible.

2. b) We decided to close the Court and therefore we will not pay corporate tax this year [2019] (we always paid the tax in February), the domain name of the site and hosting.

Thank you for your attention and understanding. We sincerely wish you good luck!

Regards, Anatol Tim

&

Correspondence Email #-6

From: Nafa Unpam To: Borys Zhytnigor

Cc: Dr.humphrey Humberto Pachecker

Sent: Sunday, January 6, 2019, 1:15:41 PM PST

Subject: Re: SECOND REPLY TO AICAC. ATTN. MR. ANATOL TIM

Greetings dear Mr. Anatol Tim and Mr. Borys Zhytnigor.

The respect is mutual and, in addition I have admiration for your achievements, ethics and professionalism.

I believe that in our business the importance and respect in communication in any negotiation process are fundamental. If at any time my vocabulary and monetary offers have offended your honor, I assure you that it is an error of interpretation. I have seen everything from a commercial point of view, and as you mentioned before, business is business.

In my opinion it would be a mistake to think that the victory in this negotiation is in reaching the win-win situation. At all times I have acted with the best interest to achieve mutual benefits for AICAC and NAFA LAW, always observing the high concepts of ethics and good reputation and, based on these principles, we will maintain good relations.

Your arguments are clear and honorable, likewise my arguments which have no intention and no vestige of taking any kind of advantage in any way. My arguments are cautious and necessary for me, a small merchant with small business such as NAFA & UNPAM, so that we do not get out of control in expenses.

I agree that the price assigned for your corporate rights are low, but the negotiation I consider it valid because, unlike you, in my case money is limited, but this does not diminish to recognize that in effect, no normal person will not distribute his/her [your] property for free.

Clearly I understand your risks which you detail it in your letter, I am also sure that you also appreciate the risks that we run as NAFA LAW and UNPAM.

My name, my signature, my acts, behavior and business, everything represents my faultless reputation which will not be stained by any maneuver, any negotiation and no money. Not when I was a young man, much less now that I am an old man close to retirement.

We can delineate clearly what will be the benefits, obligations, limits and restrictions of AICAC USA under my administration for current actions with total awareness and without margin of error avoiding any excess and abuse of authority.

NAFA LAW UNPAM, we have been victims of usurpation and have suffered the frustration and offenses from those to who I have deposited my trust, one of these cases you have heard of it with the Argentine lawyer and wife. You must expect in this, our negotiation honesty and loyalty to professional ethics.

Everything I do and can do that has any relationship with AICAC and NAFA LAW, and that affect in any way your status and that of AICAC, is always open to your consideration and your review; the same would apply to me related to NAFA LAW and UNPAM.

The risks can be several, but the benefits and the good reputation outweigh all the risks. For my part, I believe that now we should omit the negotiation ‘tactics’ and concentrate on getting a fair, honorable and correct treatment for both parties. For this we must put all the details in writing.

Before the end of this month of January, 2019, to obtain ten percent [10%] I can increase and give the initial amount of four thousand dollars [$4000] to be followed with six monthly payments of one thousand dollars [$1000] each payments [which if business is good, these may be advanced ahead].

The remaining forty percent [40%] it keeps the initial offer to be completed it in the year 2020.

I consider all this a good basis for a lasting, productive and profitable relationship.

I look forward to your pleasant response. Best regards, HHP

&

Correspondence Email #-7

On Tuesday, January 8, 2019, 11:25:55 AM PST, Nafa Unpam  wrote:

Good morning Mr. Anatol Tim and Borys Zhytnigor- Dear Colleagues.  Several Human Rights Defenders and Arbitrator members of AICAC – NAFA LAW, today warn us that the pages and website of AICAC are out of services [as you warned me before].

In NAFA and UNPAM we have a good Web master [Orlando Computer System]. I can help to put back the AICAC website and make any necessary changes, updates and or arrangements. Just ask me, NAFA will cover the cost of these works. Thank you and have a good day. HHP

&

Correspondence Email #-8

From: Borys Zhytnigor

To: Nafa Unpam

January 10 – 5:26 a. m.

Dear Mr Humphrey H Pachecker,

My name is Borys Zhytnigor. I am the founder of the Court and the author of projects of the Court and other companies that were part of our holding. I am glad to have the opportunity to meet you.

So far, correspondence with you on my behalf led Anatol Tim (Anatoly Timoshenko). Then I decided that we need to communicate in person. But I fell ill and could not respond to your messages for three days. For the delay in response, I sincerely apologize.

Once again I want to confirm that we never had any intention to sell the Court. We really did not want to continue the work of the Court. The Court fully fulfilled its functions. Now maintaining the activities of the Court causes us losses. And from the appearance of the new owners of the Court, we are waiting for more problems than advantages. For us, the best solution is to close the Court. Because, for the activities of this organization, we are personally liable.

But… But, if our future partner will be honest and provides a profit for the Court, we are ready to continue the work of the Court.

What are the features and problems of the current situation?

1. You have proposed a very long procedure for transferring corporate rights. Such process of purchase is wrong and very inconvenient. When the second owner of the Court appears, it is necessary to officially fix (register) the shares of corporate rights of all owners. At what stage do it? When will you have 4, 5, 6, 10, 30 or 50% of corporate rights? Or officially register changes every month? I think that the entire procedure for the sale of corporate rights will be specified in the contract. Also, the contract must specify the time of registration of corporate rights. And the facts of acquisition of shares of corporate rights must be confirmed by bank documents.

2. Already at the moment we need to make expenses. We need to pay corporate tax, registration agent services, and also pay for hosting and website domain name. Total costs are about 1200 USD. Without these payments, the company will not work.  I cannot transfer to you the right to make these payments, because you are not the owner or manager of the company now. But I do not want to make these expenses myself. For the last two years I have personally paid for these and other expenses of the Court. In the future, all expenses must be paid out of profit. In another case, there is no point in the work of the Court. Now, I think it will be right if we pay these expenses together (50% each).

3. I do not know why you need the Court. I do not know which projects you want to implement and what will be the effect of these projects. We did not discuss projects and did not consider business plans. Therefore, all the prospects of our cooperation are now built only on mutual trust.

4. I respect you very much. But I see that you are an independent, purposeful and active person. You like to make any decisions personally. All these qualities are good for business. But therefore we may have problems and conflicts in the future. Because you will have a minority share of the company, and then – 50% of the company. And all the decisions you may want to make personally. Therefore, your authority will always have certain restrictions, and your actions will be controlled. While you have a minority share of corporate rights, any of your decisions must be confirmed by the President. Can you work in such conditions?

5. The official website of the Court will be controlled by me. The owners of the Court will agree on the contents of the Court’s website.

6. When should I give you First Vice-President status, authority and stamp? In your opinion? When will you have 4, 5, 6 or 10% of corporate rights? I offered to give this status after you get 10% of the rights. But this process, according to your proposal, will last almost a whole year.

7. I repeat once again that I am very concerned about the problems of manager’s excess of powers and conflicts of interests.

8. As long as you have the status of First Vice-President, you will head the Administration of the Court. And Anatoly Tim will be the Secretary-General and the head of the Court’s Secretariat. Also, Anatoly is my official representative in the United States. He has the necessary powers.

9. As First Vice President, you will oversee the region of North and South America and the Caribbean.

10. The powers of all managers of the Court will always be confirmed by decisions of the Board and special powers of attorney. In this case, such powers will be clearly indicated in the documents.

11. The list of documents for registration of your rights and powers Anatoly gave you. But I will issue these documents only after receiving payment for corporate rights. Here you will need to trust. We must begin this process with a contract.

Decisions and speed of procedures depend from the answers to all these questions.

And believe me, we do not compete with you and do not haggle about the price. After all, we are talking about very small amounts of money. For us to have great importance to responsibility and control.

Therefore, we are ready to sell part of the corporate rights of the Court at a symbolic price. But on condition that you will strictly abide by the terms of our agreement.

I am writing this letter in conditions of high body temperature due to the flu. Therefore, I apologize for the emotional text.

Regards, Borys Zhytnigor

&

Correspondence Email #-9

Nafa Unpam To: Borys Zhytnigor

CC: Dr.humphrey Humberto Pachecker

January 10, 2019. 6:14 p. m.

Respectful President Mr. Borys Zhytnigor, thank you for your email and details all of which are completely understandable. First, I wish you a quick recovery from the flu so that you can enjoy excellent health again.

My interest in AICAC with NAFA LAW and UNPAM is to keep all opportunities open to all professionals, in all Spanish-speaking countries, in two services: international arbitration, and human rights. From these two can be released providing other education and homologation services for all, and with benefits for all of us in AICAC and NAFA LAW.

My offers are presented with all honesty, professional ethics, with no interest other than the interest of incurring and offering these two new services as part of NAFA LAW and UNPAM, international arbitration, and human rights together with AICAC.

But my multiple financial obligations do not allow me to make any offer higher than the offer presented before, it is also not in my interest to wait to complete the minimum total payment of 10% in order to have some control, decision power to start making and promoting new academic programs, services and benefits for all.

I have a second option with a person we know in NAFA LAW since 1996, this option is within TICAMER its general director Dr. Marcos Vera, with whom we have worked in academic programs before. Now TICAMER also has a program on Human Rights TICAMER – Tribunal Internacional de Conciliaci�n y Arbitraje del MERCOSUR and Dr. Vera has previously expressed his great interest in working with NAFA LAW.

 The problem I have with TICAMER is the quality of its services and the quality of its image. All these are superior in the AICAC that it presents better quality in general and therefore results in a professional firm of better and higher reputation in which we take pride, NAFA LAW and UNPAM, to associate with it.

Unfortunately, I can not comply with all the requirements presented by you, which are honest and respectable but not feasible for my future plans.

I will study other options that I have, including TICAMER. Thank you very much for your kindness, confidence and professionalism. I wish you many successes in your future business, please thanks Mr. Anatol Tim as well.

Sincerely yours. HHP

 &

Correspondence Email #-10

From: Nafa Unpam

To: Borys Zhytnigor

January 11 – 6:30 p. m.

Dear colleagues Mr. Tim, Mr. Zhytnigor, greetings from NAFA. This brief note is a question to ask you if we are going to continue with the purpose of NAFA assuming 50% of the shares of AICAC in the United States, or if this possibility has ended? I await your prompt reply. Have a good day. HHP

&

Correspondence Email #-11

January 10 – 6:14 p. m. From: Borys hytnigor To:Nafa Unpam

Dear Mr Humphrey H Pachecker,

You made the right decision.

At the beginning of the discussion, I told Anatoliy that this initiative has few prospects.

I wish you good luck.

Regards, Borys Zhytnigor

&

Correspondence Email #-12

Eight [8] months after inicial email from AICAC-INTER decision of closing operations… [“b) We decided to close the Court and therefore we will not pay corporate tax this year [2019] (we always paid the tax in February), the domain name of the site and hosting.”]

secretariat@court-inter.us

To: Nafa Unpam

Sep 13, 2019 at 5:52 AM

Dear Mr. Humphrey H. Pachecker,
I hope you are doing well now. Over the past year, as you know, we had certain problems. The group of our organizations has changed the owners of corporate rights. For a certain time we did not function.
The founders decided to terminate the activities of the Court. But at the last moment we signed a contract to accompany a very large transaction. As a result, we continued our work. We now have contracts and the Court should definitely work in 2019 and 2020. Further prospects will depend on many circumstances.
Dear Mr. Humphrey H. Pachecker You have important authority in the Court. If you are interested in this, you can continue to implement these functions. But now there is one important condition. We must all ensure that the Court is more effective.

Sincerely,
Anatol Tim
The AICAC Secretary General

&

Correspondence Email #-13

Nafa Unpam <nafalegal@ymail.com>

To:secretariat@court-inter.us

Cc:Dr.humphrey Humberto Pachecker

Sep 13 at 1:45 PM

Dear. Anatol Tim
The AICAC Secretary General

Greetings, it is good to hear that your institution is back in business- and again approaching others for better future.

After you and the president of your Institution rejected all my proposals to be part of your institution confirming your decision to ceased all business and services of your institution in USA, I created a similar Institution beginning in June 2019 in Washington DC. This one is under the name of AICAC-HR, “American Court of Arbitration and Commission for Human Rights” See it here: http://courtaicac-hr.us/

But, although we use the word ‘Arbitration’ on our title, we are really focused 100% on Human Rights activities, we have even reached the OAS and the IACHR, the ‘Inter American Commission of Human Rights’- presenting two important cases related to violations in Bolivia and in Cuba. OAS :: Inter-American Commission on Human Rights

Notwithstanding this, I recognize your trajectory and experience in international arbitration, for this reason I offer you this independent partnership free of responsibility.

A joint partnership in a form of a business venture taken on by your Institution and my Institution with the same goal. The two Institutions forming a ‘joint venture’ which will create a worldwide business relationship through the exchange of value of some sort .

I look forward to your pleasant response. HHP

&

Correspondence Email #-14

secretariat@court-inter.us <secretariat@court-inter.us>

To:Nafa Unpam

Sep 14 at 1:54 AM

Dear Mr. Humphrey H. Pachecker,

The AICAC welcomes your independent initiatives. And we wish you success.
I remind you that the founders of the Court rejected your proposals only because they were economically unprofitable and legally doubtful (we are sure that you yourself understand this).
In addition, we could not give the rights to administer the Court to a partner who owned only 5% of corporate rights. Any lawyer and entrepreneur will say that this is absurd. Much more funds have been invested in the activities of the Court than you suggested. So, I hope you have no real reason to be offended. As a result, investors joined us who acquired corporate rights for several hundred thousand dollars. This
money was paid immediately and in one payment. You probably understand that these investment conditions are more favorable than yours. We see that in your organization you not only use many AICAC developments, but also use our abbreviation. I want to note that the Court did not legally terminate its activities and did not transfer its rights to anyone, including copyright. Therefore, such a borrowing is unlawful.
However, we will think about your proposal for cooperation, and decide what steps to take in the future.
The condition for any cooperation is the rule that both partners must receive optimal income, and not one of them.
The AICAC has a long history and priority right (preemptive right) to the name and some copyright projects.
However, we can cooperate in the future. The question is only in the format and expediency (profitability) of the interaction of partners.

Sincerely,
Anatol Tim
The AICAC Secretary General

&

Correspondence Email #-15

From: Nafa Unpam-wrote

To: secretariat@court–inter.us>

Sep 14 at 12:02 PM

Mr. Anatol Tim, greetings. Thank you for your reply mail, and good wishes for future successes.

I agree that for your organization, partners who contribute thousands of dollars quickly is more convenient for your organization than the offer submitted by me. Therefore, I do not take any offense for your business decision by denying my proposal.

But, my offer to conquer the Spanish-speaking market with new service proposals is also to be considered of great value, which I explain here below. In these proposals, it must be considered that our thousands of contacts, with 25 years of services within the Hispanic market and with the professional community of Spanish speaking, have an incalculable value for these services proposed here below.

As for your opinion of the “unlawful” use of the name AICAC and developments, it is a baseless, incorrect opinion. First of all, AICAC is an acronym free of interpretation and should not be copyrighted, it can have a variety of meanings, just like NAFA, it has a variety of meanings, and many companies have the same acronyms. In addition, you must consider that AICAC-HR, is now focused on training and education of human rights defenders and, any copy of materials, books and meanings for the purpose of education is protected and I quote here the law:  “Reproduction of Copyrighted Works by Educators and Librarians: C. Fair Use 1. Text of Section 107 note: The following is a reprint of the text of section 107 of title 17, United States Code as amended in 1990 and 1992 § 107 · Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106a, the fair use of a copyrighted work, including such use by reproduction of illustration, copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

On the theme of “Joint Venture” my proposal in broad strokes is as follows:

AICAC-HR will focus on Human Rights services. Your AICAC Institution will concentrate on international commercial arbitration services.

I’ll campaign with direct contacts and international ads within all Spanish-speaking countries [last year NAFA spent $ 18,000.00 in propagating ads, only with Facebook] others medias are separated.

We will market the international commercial arbitration services of your AICAC Institution. We will promote these services through the 2,400 NAFA LAW member lawyers who are now licensed by the supreme courts of 33 US states, for the practice of international law called, ‘Foreign Legal Consultants’. These lawyers are originally licensed in 18 countries of the Americas, in addition, including Brazil, Portugal and Spain.

In all these 33 States- these certified international lawyers can practice international commercial arbitration; this accredited by the supreme courts, for example, in Florida is Rule Chapter 1-3.11. This rule also applies to foreign lawyers certified in the US, and foreign lawyers not certified [Limited Appearance]. See details:https://www.floridasupremecourt.org/content/download/328155/2948715/07-1844_AMENDED%20Appendix%20B%201-3.11%206-14-07.pdf

In addition, in almost all of these 33 states, these certified international lawyers can practice corporate [commercial] law by representing companies in the US, and international foreigners; this is accredited by the supreme courts, for example, in Florida is Rule Chapter 17, called- Authorized House Counsel. An “authorized house counsel” is any person who: is exclusively employed by a business organization located in the state USA and is residing in or relocating to the state of USA in furtherance of such employment within 6 months of such application under this chapter and receives or shall receive compensation for activities performed for that business organizations: See details: https://www.floridabar.org/rules/upl/upl004/

I will make a direct call to all these lawyers so that, through these two rules, Arbitration, In House Counsel, begin to promote international commercial arbitration services through your AICAC Arbitration Institution. This compaing will be massive not only among certified lawyers, we will also reach international companies.  Similarly, we can offer for an annual fee: Corporate Membership Corporate Members to enjoy many tangible benefits in addition to increased visibility, access opportunities and ongoing communication in arbitration.

Finally, I offer your Institution to use our facilities, conference room services, and the image in the building that AICAC-HR now uses in Washington DC, this including the occupation license and the national telephone line. For all this, your Institution will only pay us a minimum monthly fee of $ 240.00.

So, if you accept, the only thing we have to reach an agreement is how we are going to do the costs, the division of fees, and the Joint Venture contract.

I’ll look forward to your pleasant reply. HHP

End of all communications.

Programs between AICAC-INTER.US and NAFA LAW http://court-inter.us/node/31367

“In accordance with the partnership agreement between the AICAC and NAFA (http://www.nafalaw.com/) we are launching the educational program aimed at training international arbitrators in Miami (Florida, USA). The program is designed for attorneys educated outside the United States. Terms of the program are available here: http://nafalaw.com/blog/?p=452 Those who successfully complete this program will receive NAFA Certificates. In addition, the AICAC will offer such persons the following options and opportunities:….”

Comisión Internacional de Derechos Humanos de Investigación Judicial y Policial de la AICAC (IHRCJPI). Ver detalles: http://court-inter.us/node/12850