It really wasn't. I mean, all that's going on is the cartel and BeIN don't want this bid to succeed. The PL realise that piracy is the only grounds for failure. PIF aren't guilty of piracy, is their issue, so they need to somehow prove that PIF and KSA are one and the same, therefore by extension PIF are guilty of piracy. I'm no legal eagle, but that's going to be really, really difficult to prove in a court of law. Realising this is what's going on, Ashley has then said "you're only doing this because the "6" are scared and BeIN lobbied you, therefore you're not being objective", which all looks very true. The BeIN letter we've already seen, which looks like a bit of slam dunk against objectivity. If this consortium had been lining up to buy Man U, that takeover would already have happened (in my opinion). So it's arbitration to get a court to say whether PIF is separate, and CAT to put the PL on a stand to get them to prove they acted fairly. It's really difficult to see how NUFC fail both of these cases, and that's me being unbiased, because the precedent on PIF separation has been set by many different governments and the lobbying is there for all to see.
This. Actually your right in more than one point here. It’s actually harder to prove PIF and Saudi are “NOT” seperate. It is always harder to prove something to be factually and 100% correct under law. If not then by very definition they are seperate! Does that make sense what I said?
This. The PL need to produce evidence that demonstrates that PIF are under direct control of MBS/ KSA. it is not enough to say 'well he is ruler so they must be.' That is subjective. Emails, letters, legal documents, precedent demonstrating this are required. The PL need to produce documentation demonstrating that MBS gives orders, that he instructed PIF to purchase NUFC, that he pulls the strings and would be making decisions in relation to NUFC. The onus is on the PL to produce conclusive evidence to justify their position. They can't, hence their delay. The PL test is a legal test and so they must satisfy legal evidential requirements. Any evidence is circumstantial. MBS is ruler so he must make the decisions. Not enough. Demonstrate this by way of evidence that shows him making decisions on behalf of PiF. Demonstrate that MBS and PIF were directly responsible for beoutq. They can't. Even the WTO couldn't establish a link. NUFC has evidence of separation. Legal documents, letters, emails, expert opinion and precedent from the Government. That is why arbitration will conclude separation.
The above is also the reason why the PL didn’t want the case in public. Because quite simply that cannot prove the above. CAT won’t happen because the ARB will fall in favour. All the CAT is is a mechanism to say if they do anything shady at ARB which can’t be made public it will be under the CAT. I’m more or less convinced the takeover will happen.
NUFC provided a letter from the highest court in Saudi stating separation, that MBS cannot and would not be named a director. Presumably there's another argument to suggest his father should also be subjected to an interview by Richard Masters, as well as countless others who constitute the Saudi Royal Family - all hingeing on the wild assumption that PIF and KSA are not separate!!! So the PL - unlike every other government and organisation in the world - claim the two are one and the same, also choosing to ignore the letter from the Saudi courts. They also have a letter from BeIN encouraging them to "look closely" (or whatever the term was) at the takeover. What a weird coincidence. I think the PL have played this as badly as they could have done. The best thing they could have done - and might still do - is get a NDA sorted to pass the takeover, and stop any information getting out. I'm honestly astonished they haven't done that, I cannot believe Bird & Bird are advising them to sit on it and sit on it.
This again. The evidence for separation is overwhelming. The PL are the only body on the planet claiming otherwise.
I don't see how they can sit this in front of someone like Lord Dyson without literally being laughed at. The ONLY thing I can think of in this is are they show pony-ing it? Is it just a "look, BeIN, we did EVERYTHING we could, but the law is the law"? Only thing that makes any sense, though as I said if I were the PL I'd have given concessions to BeIN for broadcast extension and advised that the takeover would need to be approved.
I’ve said this since the start. It’s a show of face to the big six and Bein. It has to be. It can only be. They can’t win. Well unless there is “other” evidence which we do not know about.
I would be surprised if they have evidence demonstrating anything. It is just their opinion. Someone saying MBS is ruler and chairman so PIF aren't separate. Not enough under UK law. Not even close.
