Takeover (Covid-19/20)

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Within the next ten days. The PL if they submit will do so at 16.59.
The Defendant also considers it necessary to have sight of a confidential addendum filed by the Claimant with the Claim in order to finalise its Jurisdiction Application. The Defendant considers that it will suffer clear and obvious prejudice if required to submit its Jurisdiction Application and all of its supporting evidence by the 14-day deadline stipulated by Rule 34(4) of the Tribunal Rules and states that the Claimant has not identified prejudice to it by the requested extension.
3. Having considered the confidential addendum, I am not persuaded that the Defendant is unable to prepare its Jurisdiction Application without sight of that document which, as the Claimant submits, sets out the calculation (using commercially sensitive information) of the current estimated quantum of loss and damage on the basis articulated in the Claimant’s claim form. I also note the Claimant’s arguments that the Defendant was made aware of the Claim in December 2020 and had intimated since as early as February 2021 that it would challenge jurisdiction and that the Defendant will need to progress both procedural deadlines on the arbitration and work on the Jurisdiction Application in parallel.


“In order to finalise its jurisdiction appeal”.

Meaning the PL are going to file the JA for real.

And it has to be submitted today.

This will then be considered with all the evidence they submit to back up the appeal.

In other words we won’t hear if it’s been chucked out any time soon. But we will at least see why they are appealing it. Which is because it’s the same as the ARB.

The PL are going to take this all the way mate!