I think that would be the correct approach. It isn't my area of law, but if for arguments sake, the WTO view PIF as separate, then that is precedent for saying that should be position in English law.
I asked a while back why KSA couldn’t own the club. They technically can, is the answer, but we now know they wouldn’t pass the OD test, is the issue. Nothing is certain but I’d sway towards the path being cleared. The final irony is if Ashley’s negligence through Charnley/Bruce will either cause the deal to fail or actually lose him £100m.
KSA normally can't. A state cannot be a director. The PL's argument though is that KSA PIF are a person because of the level of control from the state. The person being MBS. If that position is correct, KSA would be named director under section A and so would be assessed through the ODT under section F. Due to state piracy and beoutQ, KSA would almost certainly fail. Unless, a compromise is reached. If the contrary approach is taken- KSA PIF being a separate entity, then the named directors under section A are Yasser Al Rumayyan and Bander Mogren only - PIF. They fly through the test under section F. The high court judgement demonstrates that section A is disputed and so section F never took place. The narrow role of arbitration is to decide the legal status of PIF. Two of the country's top judges make up the panel. Judges with years of experience of company and international law. This is one of the biggest sports law cases in years.
Not only that but it also sets the standard for the future and is probably the first complex case to be under review. Its interesting as well that none of it is matter of actual fact~!
Who would be happy to be relegated IF 1. The sale to the Saudi’s still went through. 2. Ashley had to lose £100M off the sale price to get the deal through. 3. Bruce was sacked. 4. We had a Championship winning season to get back to the PL next season I would.
I was forgetting the WTO interpretation too. So if WTO (independent organisation) and KSA has them as separate then the PL don’t have a leg to stand on. I firmly believe that NDM knew exactly what he was doing and has set the scene perfectly for artibration.
I was saying the same today. Imagine if it actually suited all parties (PIF and Ashley) to drop down, get approval from EFL (Sheff Utd were sanctioned under Saudi rule in the EFL) then bounce back up. Perhaps Ashley pops in a clause saying he gets £50m more if we get promoted at the first attempt.
One other thought at a stretch is that NDM may actually quite happy for his old boss to be the chair of the panel. He might be misdirecting the focus onto the chair being biased towards the PL to allow for a bit of ‘old chums’ help in the background from a chair who might actually want the deal to go through...
It doesn't matter what de marco presents they're going to judge in favour of the premier league. The scales have been rigged That's my opinion
Not correct. The arbitration panel are made up of a top QC and two of the country's top retired judges. The arbitration decisions are public and scrutinised. Lord Neuberger has form for hearing cases involving Saudi law.
This fella doesn't concern me but what does Dyson bring to the table, a vast knowledge of vacuum cleaners?
No evidence to suggest they won't either. Ultimately these 3 will just decide against letting Saudi in.
No evidence to say they will. They are impartial and the best at what they do. Their decision will be based on law.
